The URL can be used to link to this page

Home My WebLink AboutKimley-Horn and Associates Inc; 2018-11-28; PSA19-557CAPSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 PROJECT NO. 6049 / 6052 This ninth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kimley-Horn & Associates, Inc., ("Contractor") a North Carolina corporation, and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated September 29, 2020, (“proposal”), attached as Appendix "A" for the City Parking Lots Americans with Disabilities Act (ADA) Compliance, (the “Project"). The Project services shall include Provide engineering and construction support services for improvements to ten (10) City parking lots to bring them to ADA compliance. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) year thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 October 27, 2020 PSA19-557CA City Attorney Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $100,790. TABLE 1 FEE ALLOTMENT PREPARATION OF PS&E FOR 10 CITY PARKING LOTS TASK GROUP TIME & MATERIALS Project Management $7,790 Data Collection $7,680 PS&E $78,885 Design Support During Construction $5,435 Expenses $1,000 TOTAL (Not-to-Exceed) $100,790 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal, Senior Vice-President Jon Collins, Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 October 27, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 September 29, 2020 Mr. Scott Lyle City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: City Public Parking Lots – ADA Compliance Dear Mr. Lyle: 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 engineering services as part of the Master Agreement for Civil Engineering Services PSA19-557CA. Project Understanding The City of Carlsbad performed an Accessibility Survey Transition Plan for several City-maintained public parking lots in 2015 (Disability Access Consultants, dated 9/19/2015). The City desires to construct improvements to the parking lots for compliance with current ADA requirements. The parking lots included in this Project include: • Carlsbad Village Area: o Lot 1: 2787 State Street o Lot A: 2992 Roosevelt Street o Lot B: 2938 Roosevelt Street o Lot C: 3077 State Street o Lot D: 3044 State Street o Lot E: 3000 Washington Street o Lot I: 2898 State Street • Park Sites: o Holiday Park: 1055 Chestnut Avenue (north and east perimeter parking) o Calavera Hills Community Park: 2997 Glasgow Drive o Poinsettia Park: 6600 Hidden Valley Road (4 parking lots) This task will develop concepts, followed by construction plans, specifications, and estimate (PS&E) for the parking lot accessibility improvements. A detailed scope of services is described herein. Scope of Services Kimley-Horn will provide the services specifically set forth below: DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Task 1: Project Management • Task 1.1 Site Visit: Kimley-Horn will perform one (1) site visit to visually observe the existing conditions of each site; this site visit will include the City Project Manager and will double as a project kickoff meeting. Two (2) Kimley-Horn staff will participate in this three (3)-hour meeting. • Task 1.2 Meetings: Kimley-Horn will attend up to three (3) virtual meetings with City staff during the design phases. Up to two (2) Kimley-Horn staff will participate in each meeting, expected to last up to one (1) hour each with up to one (1) hour of preparation. Meetings include: o After Concept Layouts submittal to discuss options and identify a preferred concept for each location o After 90% Design submittal to discuss City comments o After Final submittal to discuss City comments Deliverables: Meeting minutes • Task 1.3 Contract Management: Kimley-Horn will provide contract administration for the duration of the scope identified herein, including monthly invoicing and management of subconsultants. We assume a design duration of up to six (6) months and a bid and construction duration of up to twelve (12) months for this task. Deliverables: Monthly invoices with summary of events Task 2: Concept Layouts Using information gathered from the site visit, readily-available record information provided by the City, and a field boundary and topographic survey (prepared by another consultant), Kimley-Horn will review and coordinate the survey base file and will prepare up to one (1) Concept Exhibit for each parking lot location. It is assumed that several locations are less challenging to design than others and will not require a Concept Exhibit. The Concept Exhibits will identify: ▪ Existing conditions of each parking lot, focused on ADA parking locations ▪ Approximate non-compliant conditions to be modified ▪ Proposed site modifications (itemized list with graphic sketch, not detailed design) Deliverables: Up to 10 Concept Exhibits (pdf) Task 3: Draft and Final PS&E After approval by the City of a preferred Concept Exhibit for each location described herein, Kimley- Horn will prepare construction plans, specifications, and an opinion of probable construction cost (OPCC). Kimley-Horn will submit documents to the City for review at 90% and Final stages. Kimley- Horn will address a single round of comments provided by the City after the 90% submittal before finalizing. The construction documents will be submitted as a single plan set including all locations described herein. The plans will consist of 21 sheets at a scale of 1” = 10’: ▪ Cover and Notes (1 sheet) ▪ ADA Improvement Plans, including: ▪ Lot 1 (1 sheet) ▪ Lot A (1 sheet) ▪ Lot B (1 sheet) ▪ Lot C (1 sheet) ▪ Lot D (1 sheet) DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 Page 3 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 ▪ Lot E (2 sheets) ▪ Lot I (1 sheet) ▪ Holiday Park (2 sheets) ▪ Calvera Hills Community Park (2 sheets) ▪ Poinsettia Park (3 sheets) ▪ Construction Details (1 sheet) Kimley-Horn will also prepare the following documents: • Opinion of Probable Construction Cost (OPCC) for the 90% submittal and an updated OPCC with the Final submittal • Limited technical specifications as needed based on the Client-provided template; specifications will follow Greenbook and City standards wherever feasible • A minor Storm Water Quality Management Plan (SWQMP), including City template forms E-32 (SWPPP Tier Level), E-34 (SW Standards Questionnaire), and E-36 (Standard Project Requirement Checklist); this project is assumed to be Exempt or a Standard Development Project (SDP) and will not require a Priority Development Project (PDP) SWQMP – City form E-35 is excluded Deliverables: 90% and Final PS&E / OPCC, 90% Outline Specifications, Final Specifications, City template forms E-32, E-34, and E-36 Task 4: Design Support During Construction Kimley-Horn will provide design support during construction, including: ▪ Review of up to two (2) Contractor submittals ▪ Review of / response to up to five (5) reasonable RFIs ▪ Perform up to two (2) construction-phase site visits – it is assumed that several locations will be constructed concurrently ▪ Preparation of as-built drawings for submittal to the City, based on a comprehensive set of redlines provided by the contractor Deliverables: review comments/response to submittals/RFIs (pdf), as-built drawings (pdf) Assumptions and Exclusions Any services not specifically provided for in the above scope, as well as any changes in scope made at the Client’s request, will be considered additional services and will be performed at our then current hourly rates. This will require approval in writing before any work shall continue. Assumptions and exclusions are described herein: • This proposal assumes that the standards and practices in effect at the City of Carlsbad, at the time of this proposal, will remain in effect throughout the course of development. • Due to the ever-changing circumstances surrounding COVID-19, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the client, other consultants, and public agencies. Changes in anticipated delivery times, jurisdictional approvals, and project costs could result. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 Page 4 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 impact of the COVID-19 pandemic. Kimley-Horn will notify the Client of any related changes impacting the scope or schedule of this project. • The base map for each location will be provided by another City consultant and is excluded from this scope; the base files will be provided to Kimley-Horn in AutoCAD format. • Proposed improvements will avoid visible existing utilities; preparation of utility design plans is excluded from this scope. • Landscape/Irrigation Design, Water Pressure readings and/or pump station design is excluded. • Color renderings, exhibits and or 3D modeling/imagery are excluded. • Submittal and/or Permitting Fees are excluded. • Environmental Services (research and/or technical studies) are excluded. • Existing Plant Inventory or Landscape Preservation Plans are excluded. • Structural Design, Review and/or Certification is excluded. • Utility Mark-out and/or Potholing is excluded. • Traffic Control design is excluded. • Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP) are excluded (to be provided by contractor). Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed-upon schedule. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 4 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Project Management $ 7,790 Task 2 Data Collection $ 7,680 Task 3 PS&E $ 78,885 Task 4 Design Support During Construction $ 5,435 Expenses $ 1,000 Maximum Labor + Expenses Fee $100,790 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Kimley-Horn will utilize billing rates from the Master Agreement and individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 Page 5 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Closure 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: X Please email all invoices to scott.lyle@carlsbadca.gov Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please send an authorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Peter B. Ritchey Dennis Landaal Project Manager Senior Vice President P.E. No. 67652 P.E. No. 50270 DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 $230.00 $165.00 $135.00 $100.00 $135.00 Total Hours Total Cost Task 1 19 6 0 0 18 0 43 $ 7,790.00 1.1 3 3 6 $ 1,185.00 1.2 6 3 9 $ 1,875.00 1.3 10 18 28 $ 4,730.00 Task 2 11 20 10 5 0 0 46 $ 7,680.00 2.1 1 5 6 $ 1,055.00 2.2 10 15 10 5 40 $ 6,625.00 Task 3 92 184 199 5 0 0 480 $ 78,885.00 1 2 4 7 $ 1,100.00 4 10 10 24 $ 3,920.00 4 10 10 24 $ 3,920.00 4 10 10 24 $ 3,920.00 4 10 10 24 $ 3,920.00 4 10 10 24 $ 3,920.00 10 30 20 60 $ 9,950.00 4 10 10 24 $ 3,920.00 8 20 20 48 $ 7,840.00 8 20 20 48 $ 7,840.00 8 20 40 68 $ 10,540.00 1 2 10 13 $ 1,910.00 10 5 15 $ 2,800.00 5 10 10 25 $ 4,150.00 5 5 10 $ 1,975.00 2 5 10 17 $ 2,635.00 10 10 5 25 $ 4,625.00 Task 4 9 11 10 2 0 0 32 $ 5,435.00 4.1 2 2 4 $ 790.00 4.2 4 2 6 $ 1,250.00 4.3 2 2 4 $ 790.00 4.4 1 5 10 2 18 $ 2,605.00 131 221 219 12 18 0 601 30,130.00$ 36,465.00$ 29,565.00$ 1,200.00$ 2,430.00$ -$ $ 99,790.00 $ 1,000.00 $ 500.00 $ 500.00 $ - $ - $ 100,790.00 Poinsettia Park Improvement Sheets (3) Calavera Hills Community Park Improvement Sheets (2) Project Management Concept Layouts Meetings (3) Site Visit Contract Management Review Survey & Coordination Lot A Improvement Sheet Lot B Improvement Sheet Lot D Improvement Sheet Lot E Improvement Sheets (2) Prepare Concept Exhibits (10) Cover and Notes Sheet Lot 1 Improvement Sheet Draft & Final PS&E Perform Construction Site Visits (2) Other Direct Costs Mileage Specifications (90/Final) Review Contractor Submittals (2) Review RFIs (5) TOTAL COST: Outside Printing Lot C Improvement Sheet Prepare Record Drawings OPCC (90/Final) Response to Comments (90%) QA/QC Review SWQMP / City forms E-32, E-34, and E-36 Lot I Improvement Sheet Holiday Park Improvement Sheets (2) Construction Detail Sheet Design Support During Construction (DSDC) TOTAL HOURS Subtotal Labor: DocuSign Envelope ID: 644E2BD6-B3EE-44AB-B441-6E6B16A72540 INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 3/28/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 01589368604/01/2020 This page has been left blank intentionally. PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 4013 This eighth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kimley-Horn and Associates, Inc., ("Contractor") a North Carolina corporation, and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated July 20, 2020, (“proposal”), attached as Appendix "A" for the Barrio Lighting Service Coordination, (the “Project"). The Project services shall include: coordination with San Diego Gas & Electric (SDG&E), communication with their streetlighting department and the assigned SDG&E planner, review of service types and locations with SDG&E planner, and field verification of SDG&E service facility locations. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred forty (240) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in DocuSign Envelope ID: 9D903248-D68B-4F96-B349-2533EA375ADB August 11, 2020 PSA19-557CA City Attorney Approved Version 7/19/17 2 Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $22,000. TABLE 1 FEE ALLOTMENT COORDINATION WITH SDG&E FOR NEW LIGHTING SERVICE CONNECTIONS. TASK GROUP TIME & MATERIALS Coordination with SDG&E. Includes communication with their streetlighting department and assigned SDG&E planner, review of service types and locations with SDG&E, and field verification of SDG&E service facility locations. $22,000 TOTAL (Not-to-Exceed) $22,000 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal, Senior Vice-President Jon Collins, Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 9D903248-D68B-4F96-B349-2533EA375ADB August 11, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 9D903248-D68B-4F96-B349-2533EA375ADB kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 July 20, 2020 Mr. Jonathan SchaubleCity of Carlsbad1635 Faraday AvenueCarlsbad, CA 92008 Re: Barrio Lighting Service Coordination Dear Mr. Schauble: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letteragreement (the “Agreement”) to the City of Carlsbad (“Client”) for providing engineering services aspart of the Master Agreement for Civil Engineering Services PSA19-557CA. Project UnderstandingKimley-Horn is in the process of developing construction drawings for the City of Carlsbad to addlighting in the Barrio Neighborhood, CIP Project No. 4013. To best serve the lighting needs of thecommunity, lighting within the Barrio was separated into Phase 1 and Phase 2; Phase 1 to addresspockets of darkness immediately and Phase 2 to allow for community outreach and selection ofcorridors for continuous pedestrian lighting. Since beginning Phase 1, the emergence of COVID-19 and limited operation of businesses hasimpacted the schedule and level of effort required to complete the project. Kimley-Horn’s ongoingcoordination with SDG&E’s streetlighting and planning department has experienced significant delays.Typically obtaining street lighting service orders is a 1-3-month timeframe, but during the pandemic weare experiencing a timeframe of 6+ months to obtain necessary service information for the proposedstreetlights. The following scope of services is for the increased level of effort required to coordinateservice with SDG&E and delays associated with the challenges COVID-19 has presented. Scope of ServicesKimley-Horn will provide the services specifically set forth below. ·Task 1: Utility and Project Coordination - Kimley-Horn will provide project and utilitycoordination to obtain service for streetlighting locations and finalize draft plans based oncomments received from the City. Coordination with SDG&E includes communication with theirStreetlighting Department, communication with the assigned planner, review of service typesand locations with SDG&E planner, and field verification of SDG&E service facility locations. ScheduleWe will provide our services as expeditiously as practicable. Fee and ExpensesKimley-Horn will perform the services in Tasks 1 on a labor fee basis with the maximum labor fee shownbelow. Task 1 Utility and Project Coordination $22,000 Maximum Labor Fee $22,000 DocuSign Envelope ID: 9D903248-D68B-4F96-B349-2533EA375ADB Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.Kimley-Horn will utilize billing rates from the Master Agreement and individual task amounts areprovided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts amongtasks as necessary. Payment will be due within 30 days of your receipt of the invoice and should include the invoice numberand Kimley-Horn project number. ClosureKimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in anAdobe PDF format. We can also provide a paper copy via regular mail if requested. Please includethe invoice number and Kimley-Horn project number with all payments. Please provide the followinginformation: _X__ Please email all invoices to _jonathan.schauble@carlsbadca.gov ____ Please copy __________________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please send anauthorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days afterthe date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have anyquestions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Brian L. Herting Dennis LandaalProject Manager Senior Vice PresidentP.E. No. 84337 P.E. No. 50270 DocuSign Envelope ID: 9D903248-D68B-4F96-B349-2533EA375ADB INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 3/28/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 01589368604/01/2020 This page has been left blank intentionally. PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 6081 This seventh Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kimley- Horn and Associates, Inc., ("Contractor") a California corporation, and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated June 3, 2020, (“proposal”), attached as Appendix "A" for the Segovia Way Subdrain, (the “Project"). The Project services shall include Engineering plans, specifications, and estimate for slope drain system. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred (300) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $12,020. DocuSign Envelope ID: 051B3A5A-EDB3-4004-B6E9-D204A86F0D22 June 17, 2020 PSA19-557CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN OF SLOPE DRAIN SYSTEM TASK GROUP TIME & MATERIALS Project Management $840 Data Collection $1,400 Draft and Final PS&E $9,280 Expenses $500 TOTAL (Not-to-Exceed) $12,020 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal, Senior Vice-President Jon Collins, Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 051B3A5A-EDB3-4004-B6E9-D204A86F0D22 June 17, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 051B3A5A-EDB3-4004-B6E9-D204A86F0D22 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 June 3, 2020 Mr. Scott Lyle City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Segovia Way Pavement Distress Repair – Slope Drainage Dear Mr. Lyle: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this revised letter agreement (the “Agreement”) to the City of Carlsbad (“Client”) for providing engineering services as part of the Master Agreement for Civil Engineering Services PSA19-557CA. Project Understanding The City of Carlsbad recently completed a geotechnical investigation report (Group Delta Consultants, Inc., draft dated 9/23/19 and final dated 5/26/20) to analyze a section of observed pavement distress on Segovia Way, between Via Teca and Gabacho Street. The report provides recommendations for subsurface drainage and pavement section replacement to repair the damage and mitigate nuisance water that appears to be contributing to the pavement distress. A prior approved task (TO3) will develop construction plans, specifications, and estimate (PS&E) for the recommended pavement section and subsurface drainage. This task will develop additional design to be included with the TO3 PS&E for collection of irrigation runoff / drainage associated with the existing irrigated slope along the area of pavement distress – north side of Segovia Way, west of Gabacho Street. Scope of Services Kimley-Horn will provide the services specifically set forth below: • Task 1: Project Management - Kimley-Horn will coordinate one (1) meeting with the City Project Manager and applicable City staff to review constraints, scope and deliverables. Deliverables: Meeting minutes. • Task 2: Data Collection – Kimley-Horn will use aerial imagery, survey data provided by the City (using another consultant per separate request dated 6/3/20) and additional available record drawings provided by the City to refine the TO3 AutoCAD base map consisting of curb, sidewalk, right-of-way, storm drain inlets (including verification of inlet depth), visible utilities, top and toe of slope, and trees within the project limits of work for the slope drainage. Data collection will consist of:  Review of readily-available record drawings for street improvements, drainage, irrigation, utilities and pavement sections within the project limits of work. Deliverables: Base map in AutoCAD format for use in construction drawings. DocuSign Envelope ID: 051B3A5A-EDB3-4004-B6E9-D204A86F0D22 Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 • Task 3: Draft and Final PS&E – Kimley-Horn will prepare draft and final plans, specifications, and opinion of probable construction cost (OPCC) for the additional slope drainage system. Kimley-Horn will prepare a design to construct a subsurface barrier at the toe of existing slope with connected drainage to prevent intrusion into the roadway pavement from irrigation runoff and route it downstream, following grade to the west where the new system will connect to the existing curb inlet downstream of the slope. Additionally, Kimley-Horn will design a minimum 4” high curb to be installed along the back of existing sidewalk for the length of the slope, to collect surface runoff from the slope and route it to the same inlet downstream and stop it from flowing across the sidewalk. The design will be included with the plan set identified in TO3. The additional construction documents will consist of two (2) sheets at a scale of 1” = 20’:  Slope Drainage Plan (1 sheet)  Construction Details (1 sheet) Deliverables: Draft and Final PS&E for Segovia Way Pavement Distress Repair Assumptions and Exclusions • Due to the ever-changing circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the impact of the COVID-19 Virus. • This scope will be included in the PS&E package described in the separate TO3. Design Services During Construction are excluded from this scope because that was already included in TO3. • A field topographic survey is excluded – will be provided by a survey consultant hired by the City of Carlsbad. Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed-upon schedule. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 3 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Project Management $ 840 Task 2 Data Collection $ 1,400 Task 3 PS&E $ 9,280 Expenses $ 500 Maximum Labor + Expenses Fee $12,020 DocuSign Envelope ID: 051B3A5A-EDB3-4004-B6E9-D204A86F0D22 Page 3 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Kimley-Horn will utilize billing rates from the Master Agreement and individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure 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: X Please email all invoices to scott.lyle@carlsbadca.gov Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please send an authorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Peter B. Ritchey Dennis Landaal Project Manager Senior Vice President P.E. No. 67652 P.E. No. 50270 DocuSign Envelope ID: 051B3A5A-EDB3-4004-B6E9-D204A86F0D22 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 3/28/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 43460 23841 85202 20-21 A X X X Contractual Liab X X 5268169 04/01/2020 04/01/2021 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X 4489663 04/01/2020 04/01/2021 2,000,000 B X X X 0 CX005FT20 04/01/2020 04/01/2021 5,000,000 5,000,000 C A N 015893685 (AOS) 015893686 (CA) 04/01/2020 04/01/2020 04/01/2021 04/01/2021 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA2004949 04/01/2020 04/01/2021 Per Claim $2,000,000 Aggregate $2,000,000 Re: Agreement #TRAN1392 - Grant Application Assistance Services. 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 1 of 1 #S2096398/M2095031 KIMLHORNClient#: 25320 JNOY1 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 01589368604/01/2020 This page has been left blank intentionally. PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 6003 This sixth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KIMLEY-HORN AND ASSOCIATES, INC., ("Contractor") a North Carolina corporation, and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Roadway Capacity Analysis in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated April 2, 2020, (“proposal”), attached as Appendix "A" for the Roadway Capacity Analysis – Growth Management Plan (GMP) (the “Project"). The Project services shall include collecting traffic data, conducting a Level of Service (LOS) analysis and develop a report for the Growth Management Plan Monitoring Program. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred and forty (240) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $80,000. DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D April 21, 2020 PSA19-557CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT 2020 TRAFFIC MONITORING PROGRAM TASK GROUP TIME & MATERIALS Traffic Counts $40,000 Level of Service Analysis $10,000 2020 Traffic Monitoring Program Update $22,000 GMP Report Update $7,000 Expenses $1,000 TOTAL (Not-to-Exceed) $80,000 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal/Senior Vice-President Jon Collins/Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D April 21, 2020 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 April 2, 2020 Mr. Doug Bilse, P.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Roadway Capacity Analysis Update Dear Mr. Bilse: 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 engineering services as part of the Master Agreement for Traffic Engineering Services PSA19-590CA. Project Understanding The City of Carlsbad is looking to update the Growth Management Plan (GMP) for 2020 as part of the Traffic Monitoring Program. As of part of this report, they would like to evaluate 107 roadway segments through use of the Carlsbad Roadway Capacity Tables Report to determine Level of Service for each segment. In addition, Kimley-Horn will obtain counts for 42 roadway segments to provide to Fehr and Peers for use in the MMLOS analysis for the GMP update. Scope of Services Kimley-Horn will provide the services specifically set forth below. ·Task 1: Traffic Counts (Auto & MMLOS) – Kimley-Horn will collect new traffic counts for a 72-hour period at each of the 149 segments provided by the City of Carlsbad (see Attachments A and B). Attachment A contains the locations for “Auto” counts to be included in the Roadway Level of Service Analysis part of the Growth Management Plan for 2020. Attachment B contains the locations for “MMLOS” counts to be provided to Fehr and Peers for the MMLOS analysis. Kimley-Horn will verify and document the location of all tube counts during collection of the data. Once the traffic count information is compiled, Kimley-Horn will create a year-to-year comparison evaluation to verify the accuracy of counts. Kimley-Horn will work with the City on developing a threshold for verification and developing justification for any count discrepancies that may occur. The format will be developed such that it can be used in future GMP updates to compare previous years’ data with the current year’s data both analytically and graphically. Deliverable: Documentation of all tube count locations and comparison with past year data. ·Task 2: Level of Service Analysis – Kimley-Horn will determine peak volumes by direction and perform a level of service evaluation using capacities established in the City’s Roadway Capacity Tables Report. Kimley-Horn will summarize the results of the level of service analysis in a report with supporting tables and figures. Deliverable: Level of Service summary tables and figures. PSA19-557CA Task 6 Appendix A DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 ·Task 3: 2020 Traffic Monitoring Program Update –Kimley-Horn will prepare a 2020 Traffic Monitoring Report that includes the count data and level of service analysis results. This task includes response to City comments on the report. Deliverable: Final Traffic Monitoring Program Report ·Task 3: GMP Report Update – Kimley-Horn will combine the Traffic Monitoring Program Update and the MMLOS Report assumed to be provided by Fehr and Peers into a single City of Carlsbad GMP Report document. This task includes response to City comments on the report. Deliverable: Final Growth Management Plan Report Schedule We will provide our services as expeditiously as practicable. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 4 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Traffic Counts (Auto & MMLOS)$40,000 Task 2 Level of Service Analysis $10,000 Task 3 2020 Traffic Monitoring Program Update $22,000 Task 4 GMP Report Update $ 7,000 Expenses $ 1,000 Maximum Labor Fee $80,000 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Kimley-Horn will utilize billing rates from the Master Agreement and individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure 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: _X__ Please email all invoices to _doug.bilse@carlsbadca.gov ____ Please copy __________________________________________ PSA19-557CA Task 6Appendix A (continued) DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D Page 3 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 If you concur in all the foregoing and wish to direct us to proceed with the services, please send an authorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Brian L. Herting Dennis Landaal Project Manager Senior Vice President P.E. No. 84337 P.E. No. 50270 PSA19-557CA Task 6 Appendix A (continued) DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D Page 4 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Attachment A: Auto Count Locations 1 (1) El Camino Real - City Limits to Marron Rd 2 (2) El Camino Real - Marron Rd to Carlsbad Village Dr 3 (3) El Camino Real - Carlsbad Village Dr to Tamarack Ave 4 (4) El Camino Real - Tamarack Ave to Cannon Rd 5 (5) El Camino Real - Cannon Rd to College Blvd 6 (6) El Camino Real - College Blvd to Palomar Airport Rd 7 (7a) El Camino Real - Palomar Airport Rd to Gateway Rd 8 (7b) El Camino Real - Gateway Rd to Town Garden Rd 9 (7c) El Camino Real - Town Garden Rd to Camino Vida Roble 10 (8) El Camino Real - Camino Vida Roble to Poinsettia Ln 11 (9) El Camino Real - Poinsettia Ln to Aviara Pkwy/Alga Rd 12 (10) El Camino Real - Aviara Pkwy/Alga Rd to La Costa 13 (11a) El Camino Real - La Costa Ave to La Costa Towne Ctr 14 (11b) El Camino Real - La Costa Towne Ctr to Levante St 15 (11c) El Camino Real - Levante St to Calle Barcelona 16 (11d) El Camino Real - Calle Barcelona to Leucadia Blvd 17 (12) College Blvd - City Limits to Carlsbad Village Dr 18 (13a) College Blvd - Carlsbad Village Dr to Redbluff Pl/Inlet Dr 19 (13b) College Blvd - Redbluff Pl/Inlet Dr to Rift Rd/Richfield Dr. (SB) 20 (13b) College Blvd - Redbluff Pl/Inlet Dr to Rift Rd/Richfield Dr. (NB) 21 (13c) College Blvd - Rift Rd/Rich Field Dr to Cannon Rd/Bobcat Blvd 22 (14a) College Blvd - El Camino Real to Salk Ave 23 (14b) College Blvd - Salk Ave to Faraday Ave 24 (14c) College Blvd - Faraday Ave to Aston Ave 25 (15) College Blvd - Aston Pl to Palomar Airport Rd 26 (16a) Aviara Pkwy - Palomar Airport Rd to Laurel Tree Ln 27 (16b) Aviara Pkwy - Laurel Tree Ln to Mariposa Rd/Cobblestone Rd 28 (16c) Aviara Pkwy - Mariposa Rd/Cobblestone Rd to Plum Tree Rd 29 (16d) Aviara Pkwy - Plum Tree Rd to Camino De Las Ondas 30 (16e) Aviara Pkwy - Camino De Las Ondas to Poinsettia Ln 31 (17) Melrose Dr - City Limits to Palomar Airport Road 32 (18) Melrose Dr - Palomar Airport Road to Poinsettia Ln 33 (19) Melrose Dr - Poinsettia Ln to Rancho Santa Fe Rd 34 (20) Rancho Santa Fe Rd - City Limits to Camino Junipero 35 (21) Rancho Santa Fe Rd - Camino Junipero to La Costa Ave 36 (22a) Rancho Santa Fe Rd - La Costa to Camino De Los Coches 37 (22b) Rancho Santa Fe Rd - Camino De Los Coches to Calle Barcelona 38 (23) Rancho Santa Fe Rd - Calle Barcelona to Olivenhain Rd 39 (24) Cannon Rd - Avenida Encinas to Paseo Del Norte 40 (25) Cannon Rd - Paseo Del Norte to Car Country Dr 41 (26) Cannon Rd - Car Country Dr to Legoland Dr 42 (27a) Cannon Rd - Legoland Dr to Grand Pacific Dr 43 (27b) Cannon Rd - Grand Pacific Dr to Faraday Ave 44 (28) Cannon Rd - Faraday Ave to El Camino Real 45 (29) Cannon Rd - El Camino Real to College Blvd 46 (30) Palomar Airport Rd - Carlsbad Blvd to Avenida Encinas 47 (31) Palomar Airport Rd - Avenida Encinas to Paseo Del Norte 48 (32) Palomar Airport Rd - Paseo Del Norte to Armada Dr 49 (33) Palomar Airport Rd - Armada Dr to Aviara Pkwy 50 (34) Palomar Airport Rd - Aviara Pkwy to Camino Vida Roble 51 (35) Palomar Airport Rd - Camino Vida Roble to El Camino Real 52 (36) Palomar Airport Rd - El Camino Real to El Fuerte 53 (37) Palomar Airport Rd - El Fuerte to Melrose Dr 54 (38) Palomar Airport Rd - Melrose Dr to City Limits 55 (39) La Costa Ave - Piraeus St to El Camino Real 56 (40) Carlsbad Village Dr - I-5 to El Camino Real 57 (41) Carlsbad Village Dr - El Camino Real to College Blvd 58 (42) Poinsettia Ln - Aviara Pkwy to Cassia Rd 59 (43) Poinsettia Ln - El Camino Real to East of El Fuerte 60 (44) Aviara Pkwly/Alga Rd - Poinsettia Ln to El Camino Real 61 (45) Aviara Pkwy/Alga Rd - El Camino Real to Corintia St 62 (46) Aviara Pkwy/Alga Rd - Corintia St to Melrose Dr 63 (47) Legoland Dr - Cannon Rd to Armada 64 (48) Armada Dr - Legoland Dr to Palomar Airport Rd 65 (49) Rutherford Rd - Faraday Ave to Priestly Dr 66 (50) Aston Ave - College Blvd to Rutherford Rd 67 (51) Palomar Point Way - College Blvd to End 68 (52) Pasteur Ct 69 (53) Darwin Ct 70 (49) Priestly Dr - Faraday Ave to End 71 (54) Farnsworth Ct 72 (55) Balfour Ct PSA19-557CA Task 6 Appendix A (continued) DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D Rev 01/18 5 73 (56) Geiger Ct 74 (57) Landau Ct 75 (58) Pascal Ct 76 (59) Salk Ave - College Blvd to El Camino Real 77 (60) Fermi Ct 78 (61) Cougar Dr - El Camino Real to Palmer Way 79 (62) Palmer Way - Cougar Dr to Faraday Ave 80 (63) Impala Dr - Palmer Way to Orion St 81 (64) Orion St - Impala Dr to Faraday Ave 82 (65) Orion Way - Orion St to Orion St 83 (66) Whiptail Loop W – Faraday Ave. to Whiptail Loop E 84 (67) Whiptail Loop E – Whiptail Loop W to Faraday Ave. 85 (68) Caribou Ct. 86 (69) Gazelle Ct. 87 (70) El Fuerte St. – Faraday Ave. to Palomar Airport Rd. 88 (71) Loker Ave. W – Palomar Airport Way to El Fuerte St. 89 (72) Loker Ave. E – El Fuerte St. to Palomar Airport Rd. 90 (73) Gateway Rd. – El Fuerte St. to Palomar Airport Rd. 91 (74) Lionshead Ave. – Melrose Dr. to City Limits 92 (75) Eagle Dr - Lionshead Ave to Palomar Airport Rd 93 (76) Camino Vida Roble – Palomar Oaks Way to Palomar Airport Rd 94 (77) Camino Vida Roble – Palomar Airport Rd to El Camino Real 95 (78) Palomar Oaks Way – Palomar Airport Rd. to End 96 (79) Dryden Pl 97 (80) Wright Pl 98 (81) Kellogg Ave. – Camino Vida Roble (W) to End 99 (82) Kellogg Ave. – Camino Vida Roble (E) to End 100 (83) Owens Ave –Camino Vida Roble to (W) End 101 (84) Owens Ave – Camino Vida Roble to (E) End 102 (85) Corte Del Nogal – Camino Vida Roble to End 103 (86) Corte Del Abeto - Camino Vida Roble to End 104 (87) Yarrow Dr - Camino Vida Roble to Palomar Airport Rd 105 (88) Corte De La Pina – Yarrow Dr to Cosmos Ct 106 (89) Cosmos Ct – Corte de la Pina to End 107 (90) Corte Del Cedro - Corte De La Pina to End PSA19-557CA Task 6Appendix A (continued)DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D Rev 01/18 6 Attachment B: MMLOS Count Locations 1 (M) Marron Rd Jefferson St to Monroe St 2 (M) Marron Rd - Monroe St to El Camino Real 3 (M) Marron Rd - El Camino Real to Avenida De Anita 4 (M) Jefferson St - Las Flores Dr to Marron Rd 5 (M) Monroe St - Marron Rd to Carlsbad Village Dr 6 (M) Monroe St - Carlsbad Village Dr to Chestnut Ave 7 (M) Monroe St - Chestnut Ave to Alder Ave 8 (M) Sunnyhill Dr - Alder Dr to Hillside Dr 9 (M) Hillside Dr -Chinquapin Ave to Valencia Ave 10 (M) Park Dr - Hillside Dr to Alondra Way 11 (M) Highland Dr - Chestnut Ave to Chinquapin Ave 12 (M) Chinquapin Ave - Jefferson St to Hillside Dr 13 (M) Jefferson St - Tamarack Ave to Chinquapin Ave 14 (M) Tamarack Ave - Carlsbad Blvd to I-5 15 (M) Tamarack Ave - I-5 to El Camino Real 16 (M) Tamarack Ave - El Camino Real to Carlsbad Village Dr 17 (M) Chestnut Ave - I-5 to El Camino Real 18 (M) Pontiac Dr - Carlsbad Village Dr to Tamarack Ave 19 (M) Faraday Ave - Cannon Rd to College Blvd 20 (M) Faraday Ave - College Blvd to El Camino Real 21 (M) Faraday Ave - El Camino Real to City Limits 22 (M) El Fuerte - Palomar Airport Rd to Gateway Rd 23 (M) Poinsettia Ln - Carlsbad Blvd to I-5 24 (M) Poinsettia Ln - I-5 to Aviara Pkwy/Alga Rd 25 (M) Paseo Del Norte - Cannon Rd to Palomar Airport Rd 26 (M) Paseo Del Norte - Palomar Airport Rd to Poinsettia Ln 27 (M) Avenida Encinas - Cannon Rd to Palomar Airport Rd 28 (M) Avenida Encinas - Palomar Airport Rd to Poinsettia Ln 29 (M) Avenida Encinas - Poinsettia Ln to Carlsbad Blvd 30 (M) El Fuerte - Poinsettia Ln to Alga Rd 31 (M) El Fuerte - Alga Rd to Luciernaga St 32 (M) El Fuerte - Altiva Pl to Corintia St 33 (M) Alicante Rd - Alga Rd to Altiva Pl 34 (M) Corintia St - Alga Rd to Cazadero Dr 35 (M) La Costa Ave - El Camino Real to Rancho Santa Fe Rd 36 (M) La Costa Ave - Rancho Santa Fe Rd to Circulo Sequoia 37 (M) Camino De Los Coches - Rancho Santa Fe Rd to La Costa Ave 38 (M) Calle Acervo - Camino De Los Coches to Calle Catalonia 39 (M) Paseo Taxco - Calle Acervo to End 40 (M) Calle Barcelona - City Limits to El Camino Real 41 (M) Calle Barcelona - El Camino Real to Rancho Santa Fe Rd 42 (M) Calle Barcelona - Calle Pasada to Calle Acervo PSA19-557CA Task 6Appendix A (continued) DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D PSA19-557CATask No. 6 DocuSign Envelope ID: 019D0DBD-A3F5-47C5-9264-941CD5C04E5D INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 3/28/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 43460 23841 85202 20-21 A X X X Contractual Liab X X 5268169 04/01/2020 04/01/2021 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X 4489663 04/01/2020 04/01/2021 2,000,000 B X X X 0 CX005FT20 04/01/2020 04/01/2021 5,000,000 5,000,000 C A N 015893685 (AOS) 015893686 (CA) 04/01/2020 04/01/2020 04/01/2021 04/01/2021 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA2004949 04/01/2020 04/01/2021 Per Claim $2,000,000 Aggregate $2,000,000 Re: Agreement #TRAN1392 - Grant Application Assistance Services. 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 1 of 1 #S2096398/M2095031 KIMLHORNClient#: 25320 JNOY1 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 01589368604/01/2020 This page has been left blank intentionally. PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6042 This fifth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kimley- Horn and Associates, Inc., ("Contractor") a North Carolina corporation, and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated March 30, 2020, (“proposal”), attached as Appendix "A" for the El Camino Real at Cannon Road Alternative Design, (the “Project"). The Project services shall include Prepare design plans for additional through lane. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two (2) years thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on calendar days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $83,575. DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 April 15, 2020 PSA19-557CA City Attorney Approved Version 7/19/17 2 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 PSA19-557CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT EL CAMINO REAL AT CANNON ROAD ALTERNATIVE DESIGN TASK GROUP TIME & MATERIALS Kimley-Horn $71,075 Aguirre Subconsultant 5,000 Leighton Subconsultant 7,500 TOTAL (Not-to-Exceed) $83,575 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal, Senior Vice-President Jon Collins, Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _________________________________ Date: _________________________ Geoff Patnoe, Assistant City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 April 15, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 March 30th, 2020 Brandon Miles, P.E., T.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: El Camino Real and Cannon Road Dear Mr. Miles: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Carlsbad (“City”) for providing Civil Design Plans, Specifications, and Estimate (“PS&E”) for the El Camino Real and Cannon Road Project. Project Understanding The City of Carlsbad desires to narrow the medians along El Camino Real adjacent to Cannon Road to allow for three through lanes in the ultimate planned roadway condition in the north and south directions along El Camino Real. The task consists of design for demolition of portion of the existing raised median, installation of a new raised median curb, installation of 4" thick stamped median concrete, signing and striping removal and replacement and traffic signal modification and loop replacement. It is understood that the level of design for this scope of work will be full plans, specifications and estimate (PS&E) for bidding and construction. This task is separate from the proposed pedestrian bridge at the same intersection (Project No. 6042/6056), being designed by others. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1: Project Kick-Off Kimley-Horn will attend one kick-off meeting with the City to discuss the project parameters, schedule, and budget. For budget purposes, up to 6 hours are included for this meeting. Additional time, if required, would be considered an additional service. Task 2: Data Collection and Project Set-Up Task 2.1 – Survey Kimley-Horn team will retain the services of Aguirre & Associates to perform field survey. It is our understanding that Aguirre & Associates performed the previous survey for the El Camino Real Bridge Improvements at Cannon Road (Project No. 6042/6056) and that the survey data for that project and that the data will be made available to Kimley-Horn to supplement the additional survey needed for this project. The limits of the supplemental survey include the median west of Cannon Road along El Camino Real for a length of roughly 350 feet. The topographic survey points will be collected at approximately 25-foot intervals and will include median top of curb, pavement grade breaks, and aboveground appurtenances. i.e. manholes, valves, etc., within the project limits. Topographic survey will not be performed along the full roadway widths along El Camino Real. DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 The horizontal datum will be the North American Datum of 1983, California State Plane Coordinate Zone 11. The vertical datum will be the North American Datum of 1988 (NAVD88). Deliverables: • Topographic Survey Data in AutoCAD C3D 2020 (upon request) • Field notes, sketches and photographs (upon request) Task 2.2 – Utility Research and Back Check To minimize Consultant fees, it is assumed that the City will provide Kimley-Horn the existing and any proposed utility base files developed for the El Camino Real Bridge Improvements at Cannon Road (Project No. 6042/6056). Kimley-Horn will back check the utilities with the as-builts prior to displaying them on the improvement plans. Kimley-Horn will reach out to the dry utility providers operating in the study area and request, through the City, their record facility maps. Wet and dry utilities will be combined with the supplemental survey information to create an existing utility base map. Kimley-Horn staff will perform one site visit to field verify the survey and utility base map and will make necessary adjustments based on field observations. Electronic utility locating and potholing are excluded from this Scope of Services but may be provided as an additional service upon authorization by the City. Results of the investigations will be integrated into an existing utility CAD base map that will be used by the project team to develop preliminary and final design plans. Task 2.3 – Geotechnical Engineering [Additive Alternative Task] Based on an initial review of readily-provided data from the adjacent roadway widening project, Kimley- Horn does not anticipate the need for geotechnical engineering analysis. However, if at the time of the project kick-off meeting, the existing pavement at the site is showing signs of distress or failure, Kimley- Horn will coordinate with the City to retain the services of Leighton Consulting, Inc. to provide geotechnical investigation services. This task will not be performed without prior written consent from the City PM. The work to be performed, upon written authorization, will consist of the following: • A geotechnical reconnaissance of the site, and coordination with Underground Service Alert and City of Carlsbad staff. • Prepare a Traffic Control Plan and submit to the City of Carlsbad. Obtain necessary City of Carlsbad permits for drilling in public right of way. It is assumed permit fees will be waived by the City. • Coordination of traffic control, where necessary. • Excavation of one (1) exploratory boring in the roadway of the proposed pavement improvements; this boring will be excavated to measure existing pavement section and depth of underlying fills soils up to a depth of 5-ft, and to collect soil samples for laboratory testing. • Geologic logging of the boring. • Obtain representative soil sample during drilling to perform moisture/density, sieve analysis, and R-Value laboratory tests and provide flexible pavement structural section recommendation. • Memorandum of Geotechnical analysis of data obtained with recommendations. Deliverables: • Base Map (AutoCAD 2020) (upon request) • Geotechnical Engineering Memorandum DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 Assumptions: • City will provide as-builts. • City will provide existing and proposed utility base files developed as part of the El Camino Real Bridge Improvements at Cannon Road (Project No. 6042/6056). • This task assumes up to 34 hours of effort. Data collection support beyond the scope described herein will be considered an additional service. Task 3: 30% Design Submittal Upon completion of the base map, Kimley-Horn will create one 30% Horizontal Design Layout based upon our understanding and feedback from the kick-off meeting. The 30% horizontal design will identify the design components and features that are anticipated will be included in the 100% PS&E Submittal. The design will take into consideration existing constraints including the existing medians, utilities, trees, striping and traffic signal equipment. Kimley-Horn does not anticipate significant impacts to the task area drainage patterns from this design. Kimley-Horn will perform on-going quality assurance/quality control (QA/QC) review of documents prepared under this task. Deliverables: • One electronic copy of the 30% Horizontal Layout Assumptions: • Design will be based upon our understanding and feedback from the kick-off meeting. • This task assumes up to 38 hours of effort. Design support beyond the scope described herein will be considered an additional service. Task 4: 100% PS&E Submittal Task 4.1 – Prepare 100% Project Submittal Upon completion of the 30% Design Submittal and approval from the City of the horizontal layout and design features, Kimley-Horn will prepare 100% Plans, Technical Specifications, and Estimate (“PS&E”). The design will be based on the following standards: San Diego Regional Standard Drawings, City of Carlsbad Special Provisions, Standard Specifications (Greenbook 2018 edition), Caltrans Standard Plans 2018 edition, Caltrans Standard Specifications 2018 Edition, Caltrans Highway Design Manual and the 2014 California Manual on Uniform Traffic Control Devices (CA-MUTCD). The following plans are anticipated for this project: • Title Sheet and General Notes – (1 sheet) • Improvement Plans & Profiles – 1” = 20’ Scale (2 sheets) showing median curb and profile. • Construction Details: (2 sheets) including two typical cross-section details. • Landscape Plan (1 sheet) Additive Alternative Task – Plan will only be developed if the need is identified and agreed by the City PM. • Signing and Pavement Marking Plan – 1" = 40' Scale (1 sheet) • Traffic Signal Modification Plan – 1"=20' Scale (1 sheet) o Kimley-Horn will prepare traffic signal modification construction drawings with the following assumptions: DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 • The improvements will not require the relocation or placement of new traffic signal poles. • All detection at the intersection will be handled by video, including advanced and bicycle. • Signal heads can be adjusted along the mast arm to accommodate the lane shifts proposed by the improvements. • The traffic signal modification plan will show traffic signal phasing, poles and equipment locations, conduit routing and pull boxes, controller location, complete equipment schedule, and conduit schedule. It is assumed that an as-built for the existing traffic signal will be provided by the City. Task 4.2 – Prepare 100% Opinion of Probable Construction Cost (OPCC) Kimley-Horn will prepare 100% opinion of probable construction cost. The OPCC will be presented to show the proposed bid items, unit prices, contingencies, and an overall cost. Unit costs will be based on readily available bid results from previous Kimley-Horn projects and readily available City or Caltrans bid results of projects of similar size. Task 4.3 – Prepare 100% Technical Specifications Kimley-Horn will prepare 100% technical specifications for this project in the Greenbook Standard Specifications format (2018 edition). Kimley-Horn will also utilize City specifications, as necessary, in preparation of the Greenbook Standard Specifications. The City will provide an electronic copy of the City’s specifications (in MS Word format) that currently being used by the City. Task 4.4 – Quality Assurance / Quality Control Kimley-Horn will perform on-going quality assurance/quality control (QA/QC) review of plans and documents prepared under Task 4 (100% PS&E Submittal). Task 4.5 – Storm Water Standards Questionnaire E-34 and Standard Project Requirement Checklist E-36 Kimley-Horn will prepare City forms E-34 and E-36 based on the limits of improvements. Task 4.6 – Storm Water Quality Management Plan (SWQMP) [Additive Alternative Task] Based on the final design direction and total impacts determined in Task 4.5, Kimley-Horn will develop the City of Carlsbad’s Storm Water Quality Management Plan (SWQMP). This task assumes up to 56 hours of effort and will not be performed without prior written consent from the City PM. Deliverables: • One electronic copy of the 100% PS&E package • One electronic copy of the Forms E-34 and E-36 • SWQMP [Additive Alternative Task] DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 Assumptions: • Demolition Plans will not be needed as part of this project and therefore, not included in the Scope of Services. • The City Determination of Project’s SWPPP Tier Level and Construction Threat Level E-32 is not included as part of this scope. Task 4 assumes a total of 231 hours of effort. Design support beyond the scope described herein will be considered an additional service. Task 5: Final PS&E Submittal Task 5.1 – Prepare Final Project Submittal Based on one round of consolidated written comments provided by the City, Kimley-Horn will revise the 100% PS&E package for the Final PS&E Submittal. It is assumed that only minor comments will be necessary. Task 5.2 – Prepare Final Opinion of Probable Construction Cost (OPCC) Kimley-Horn will revise the project OPCC based on revisions made to the plans. Task 5.3 – Prepare Final Technical Specifications Kimley-Horn will revise the project technical specifications based on revisions made to the plans. Task 5.4 – Quality Assurance / Quality Control Kimley-Horn will perform on-going quality assurance/quality control (QA/QC) review of plans and documents prepared under Task 5 (Final PS&E Submittal). Deliverables: • One electronic copy of the Final PS&E package • One hard copy of the Final PS&E package (mylar) Task 5 assumes a total of 72 hours of effort. Design support beyond the scope described herein will be considered an additional service. Task 6: Project Coordination, Meetings and Management The Kimley-Horn team will coordinate with the City for the duration of the project; this could include phone calls and/or site and office meetings to discuss specific project-related items as needed. For budget purposes, up to 30 hours are included for this coordination. Additional time, if required, would be considered an additional service. DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 Task 7: Bid Phase Services and Design Services During Construction (DSDC) Task 7.1 – Bid Phase Services Kimley-Horn will provide limited assistance to the City during the bidding phase of the project to respond to engineering-related technical questions limited to the improvements described above. This task assumes up to 5 hours of bidding support services. If additional bidding support is required, it will be considered an additional service. Task 7.2 – DSDC Kimley-Horn will provide limited assistance to the Client during the construction phase of the project to respond to engineering-related technical questions limited to the improvements described above. This task includes review of civil-related material submittals, responding to Requests for Information (“RFI”) and coordination with the Contractor and Client. This task assumes up to 20 hours of construction support services. Construction support beyond the scope described herein will be considered an additional service. Task 7.3 – Record Drawings Kimley-Horn will prepare Record Drawings for the City’s records upon completion of construction. It is assumed that the Contractor will provide blue lined plans identifying any changes made during construction. Revisions will be made electronically. This task assumes up to 12 hours of record drawing services. If additional record drawing support is required, it will be considered an additional service. Kimley-Horn will perform on-going quality assurance/quality control (QA/QC) review of documents prepared under this task. 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. We can provide additional services including, but not limited to, the following: ⚫ Public Outreach ⚫ Coordination with offsite property owners ⚫ Utility Design Plans ⚫ Underground Utility Locating Services, Potholing and/or Video for existing utilities ⚫ Photometric lighting studies ⚫ Lighting and Electrical Plans ⚫ Irrigation Design Plans ⚫ Storm Water Quality Treatment Design ⚫ Hydrology and Hydraulics Report/Analysis ⚫ Drainage Plans ⚫ Hydromodification Plans ⚫ Storm Water Pollution Prevention Plan (SWPPP) ⚫ Water Pollution Control Plans & Details ⚫ Traffic Control Plans ⚫ Meetings and Coordination beyond what is described in the scope herein DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 Information Provided by the City We shall be entitled to rely on the completeness and accuracy of all information provided by the City or the City’s consultants or representatives. The City shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: ⚫ Previously approved plans and estimates ⚫ As-built Plans for the project site and utilities in and adjacent to the project site ⚫ Survey base file developed for the El Camino Real Bridge Improvement at Cannon Road (Project No. 6042/6056) in AutoCAD. ⚫ Utility base files showing all the wet and dry utilities. Schedule We will provide our services as expeditiously as practicable with the goal of meeting the overall project schedule. Fee and Expenses Kimley-Horn will complete Tasks 1 - 7 on a time and materials basis for an amount not to exceed basis of $83,575.00. For Reference Only Base Cost (excluding Additive Alternative Tasks) AMOUNT Kimley-Horn Cost $58,150 Subconsultant (Aguirre) Cost $5,000 Total Cost $63,150 Base Cost + Additive Alternative Tasks AMOUNT Kimley-Horn Cost $71,075 Subconsultant (Aguirre + Leighton) Cost $12,500 Total Cost $83,575 Fees will be invoiced monthly based upon the overall percentage of services performed as of the invoice date. Payment will be due within 30 days of your receipt of the invoice. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. KIMLEY-HORN AND ASSOCIATES, INC. Pete Ritchey, P.E. Leo Espelet, P.E., T.E. Task Manager Secretary RCE #67652 RCE #71532, TE # 2678 DocuSign Envelope ID: 3F1F5620-BF21-46A7-8D21-48688DCF2407 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 3/28/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 43460 23841 85202 20-21 A X X X Contractual Liab X X 5268169 04/01/2020 04/01/2021 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X 4489663 04/01/2020 04/01/2021 2,000,000 B X X X 0 CX005FT20 04/01/2020 04/01/2021 5,000,000 5,000,000 C A N 015893685 (AOS) 015893686 (CA) 04/01/2020 04/01/2020 04/01/2021 04/01/2021 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA2004949 04/01/2020 04/01/2021 Per Claim $2,000,000 Aggregate $2,000,000 Re: Agreement #TRAN1392 - Grant Application Assistance Services. 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 1 of 1 #S2096398/M2095031 KIMLHORNClient#: 25320 JNOY1 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 01589368604/01/2020 This page has been left blank intentionally. PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 4013 This fourth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kimley- Horn and Associates, Inc., ("Contractor") a North Carolina corporation, and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated February 13, 2020, (“proposal”), attached as Appendix "A" for the Barrio Lighting Phase 2, (the “Project"). The Project services shall include engineering design of Phase 2 lighting in the Barrio. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one year (1 year) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on calendar days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $67,000. DocuSign Envelope ID: 23FDF2BB-18E0-4D5A-BD30-86430EEEEFE1 March 10, 2020 PSA19-557CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN OF BARRIO LIGHTING PHASE 2 TASK GROUP TIME & MATERIALS Project Management $7,000 Data Collection $5,000 Schematic Design Layout $7,000 Public Outreach $5,000 Utility Coordination $10,000 Draft and Final PS&E $32,000 Expenses $1,000 TOTAL (Not-to-Exceed) $67,000 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal/Senior Vice-President Jon Collins/Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 23FDF2BB-18E0-4D5A-BD30-86430EEEEFE1 March 10, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 23FDF2BB-18E0-4D5A-BD30-86430EEEEFE1 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 March 2, 2020 Mr. Jonathan Schauble City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Barrio Lighting Phase 2 Dear Mr. Schauble: 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 engineering services as part of the Master Agreement for Civil Engineering Services PSA19-557CA. Project Understanding The City of Carlsbad is looking to evaluate the need for lighting in the Barrio Neighborhood within the following boundary streets: Oak Avenue to Tamarack Avenue and I-5 to the LOSSAN Corridor. The City of Carlsbad has various documents that include lighting guidelines and standards as follows: · City of Carlsbad Barrio Neighborhood Lighting Guidelines (December 2014) · Carlsbad Village and Barrio Master Plan (July 2018) · City of Carlsbad Engineering Standards, Chapter 3 Street Light Section (2018) · Carlsbad Village Decorative Pedestrian Lighting Study (2019) For the Barrio Lighting Phase 1 Project, several pockets (streets and intersections) throughout the Barrio with less than desirable lighting had street lights added in the form of new concrete poles and luminaires fastened to existing utility poles. With some of the key dark areas addressed, Phase 2 will aim to address pedestrian scale lighting along the major corridors within the Barrio as well as any additional pockets with deficiencies. We have identified major corridors throughout the Barrio as potential candidates for the addition of pedestrian scale lighting. The corridors identified below are subject to change based on data collection and feedback received from the community: · Roosevelt Street · Madison Street · Harding Street · Pine Avenue · Chestnut Avenue · Alleyways This project will ultimately develop lighting construction plans, specifications, and an estimate. The final construction documents will have incorporated input from the community and look to address the lighting deficiencies throughout the Barrio. Scope of Services Kimley-Horn will provide the services specifically set forth below. ·Task 1: Project Management - Kimley-Horn will coordinate a kick-off meeting with the City project manager and applicable City staff to discuss the project, establish communication DocuSign Envelope ID: 23FDF2BB-18E0-4D5A-BD30-86430EEEEFE1 Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 procedures, review scope and deliverables, confirm project goals and objectives, review project schedule, key milestones, and anticipated City review times. Kimley-Horn also anticipates up to two (2) additional project meetings throughout the duration of the project to discuss various submittals and/or City comments. Deliverables: Meeting minutes. ·Task 2: Data Collection – Kimley-Horn will develop an understanding of the physical conditions in the Barrio through a site visit and data collection effort. Data collection will consist of an inventory of existing lights, potential electrical service locations, and current tree locations that may impact existing lighting levels. Kimley-Horn will utilize aerial imagery to develop a basemap in AutoCad consisting of curb, sidewalk, right-of-way, and property limits for the corridors of concern. Upon completion of the data collection, an assessment of the existing street and intersection lighting will be performed to identify any locations that may benefit from additional street and safety lighting. These areas will be included in the schematic design and PS&E tasks. Deliverables: Base map in AutoCAD format for use in construction drawings. ·Task 3: Schematic Design –Kimley-Horn will prepare a schematic design for pedestrian scale lighting along up to four (4) corridors as agreed to by the City and street/intersection lighting for the locations identified in Task 2. The schematic design will consist of plan sheets showing light placement and spacing, light fixture style, and light characteristics. Kimley-Horn will address a single round of comments by the City prior to the facilitation of the community meeting. Deliverables: Schematic Design plan sheets ·Task 4: Public Outreach – The City of Carlsbad will organize and lead a community meeting for the Barrio Neighborhood to understand the concerns of the residents. Kimley-Horn will provide support to the City through applicable graphics and will have at least one staff member present at the meeting. The graphics will present lighting recommendations from the schematic design and be a tool for addressing areas of concern that could benefit from additional lighting. Deliverables: Aid the City in facilitation of a single community meeting, meeting minutes, results from meeting to be incorporated into PS&E deliverable ·Task 5: Utility Coordination –Kimley-Horn will conduct utility research to obtain readily available utility records within the project area and coordinate with SDG&E for service to proposed lighting. Kimley-Horn will send out utility notification letters to each known utility service provider to provide conflict review. Results from coordination will be integrated into an existing utility CAD base map that will be used to develop preliminary and final design plans. Deliverables: Utility notification letters and SDG&E service request forms, updated utility base file in AutoCAD format ·Task 6: Draft and Final PS&E –Kimley-Horn will prepare draft and final plans, specifications, and opinion of probable construction cost for up to four (4) corridors within the Barrio. Kimley- Horn will address up to two (2) rounds of comments provided by the City before finalizing. The construction documents will consist of approximately five sheets at 20 scale with the following information: street lights, pull boxes, conduit, conductors, existing service locations, and proposed service locations. Deliverables: Draft and Final PS&E for Barrio lighting DocuSign Envelope ID: 23FDF2BB-18E0-4D5A-BD30-86430EEEEFE1 Page 3 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Schedule We will provide our services as expeditiously as practicable. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 6 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Project Management $ 7,000 Task 2 Data Collection $ 5,000 Task 3 Schematic Design $ 7,000 Task 4 Public Outreach $ 5,000 Task 5 Utility Coordination $10,000 Task 6 Draft and Final PS&E $32,000 Expenses $ 1,000 Maximum Labor Fee $67,000 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Kimley-Horn will utilize billing rates from the Master Agreement and individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure 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: _X__ Please email all invoices to _jonathan.schauble@carlsbadca.gov ____ Please copy __________________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please send an authorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. DocuSign Envelope ID: 23FDF2BB-18E0-4D5A-BD30-86430EEEEFE1 Page 4 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Brian L. Herting Dennis Landaal Project Manager Senior Vice President P.E. No. 84337 P.E. No. 50270 DocuSign Envelope ID: 23FDF2BB-18E0-4D5A-BD30-86430EEEEFE1 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 4/02/2019 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 43460 23841 085202 19-20 A X X X Contractual Liab. X X 5268169 04/01/2019 04/01/2020 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X 4489663 04/01/2019 04/01/2020 1,000,000 B X X X 0 CX005FT19 04/01/2019 04/01/2020 5,000,000 5,000,000 C A N 015893685 (AOS) 015893686 (CA) 04/01/2019 04/01/2019 04/01/2020 04/01/2020 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA1904949 04/01/2019 04/01/2020 Per Claim $2,000,000 Aggregate $2,000,000 Re: Agreement #TRAN1392 - Grant Application Assistance Services. 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 1 of 1 #S1551009/M1513917 KIMLHORNClient#: 25320 JNOY1 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 04/01/2019 015893686 This page has been left blank intentionally. PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6081 This third Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kimley- Horn and Associates, Inc., a North Carolina corporation ("Contractor"), and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated November 26, 2019, (“proposal”), attached as Appendix "A" for the Segovia Way Subdrain, (the “Project"). The Project services shall include engineering plans, specifications, and estimate for subdrain system and pavement section replacement. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred (300) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $25,395. DocuSign Envelope ID: C6074346-37BF-4C5A-9D3F-F3496CC3C4AD December 30, 2019 PSA19-557CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN OF SUBDRAIN SYSTEM AND PAVEMENT SECTION TASK GROUP TIME & MATERIALS Project Management $2,875 Data Collection 1,780 Draft and Final PS&E 14,790 Engineering Support during Construction 4,950 Expenses 1,000 TOTAL (Not-to-Exceed) $25,395 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal, Senior Vice President Jon Collins, Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: C6074346-37BF-4C5A-9D3F-F3496CC3C4AD December 30, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: C6074346-37BF-4C5A-9D3F-F3496CC3C4AD kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 November 26, 2019 Mr. Jonathan Schauble City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Segovia Way Pavement Distress Repair Dear Mr. Schauble: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this revised letter agreement (the “Agreement”) to the City of Carlsbad (“Client”) for providing engineering services as part of the Master Agreement for Civil Engineering Services PSA19-557CA. Project Understanding The City of Carlsbad recently completed a draft geotechnical investigation report (Group Delta Consultants, Inc., dated 9/23/19) to analyze a section of observed pavement distress on Segovia Way, between Via Teca and Gabacho Street. The report provides recommendations for subsurface drainage and pavement section replacement to repair the damage and mitigate nuisance water that appears to be contributing to the pavement distress. This task will develop construction plans, specifications, and estimate (PS&E) for the recommended pavement section and subsurface drainage. The pavement section design will be consistent with City of Carlsbad standards. Scope of Services Kimley-Horn will provide the services specifically set forth below: • Task 1: Project Management - Kimley-Horn will coordinate one (1) kick-off meeting with the City Project Manager and applicable City staff to review scope and deliverables. Kimley-Horn also anticipates one (1) additional meeting to discuss City comments after the draft submittal. Deliverables: Meeting minutes. • Task 2: Data Collection – Kimley-Horn will develop an understanding of the physical conditions for the areas identified by the City, through a site visit and data collection effort. Kimley-Horn will use aerial imagery and available record drawings provided by the City to develop a base map in AutoCAD consisting of curb, sidewalk, right-of-way, storm drain inlets, and visible utilities within the project limits of work. Data collection will consist of: ▪ Review of readily-available record drawings for street improvements, drainage, utilities and pavement sections within the project limits of work. ▪ Review of the draft Geotechnical Investigation Report (Group Delta, 9/23/19). Deliverables: Base map in AutoCAD format for use in construction drawings. DocuSign Envelope ID: C6074346-37BF-4C5A-9D3F-F3496CC3C4AD Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 • Task 3: Draft and Final PS&E – Kimley-Horn will prepare draft and final plans, specifications, and opinion of probable construction cost (OPCC) for the pavement replacement and drainage design. Kimley-Horn will address a single round of comments provided by the City before finalizing. The construction documents will consist of four (4) sheets at a scale of 1” = 20’: ▪ Cover and Notes (1 sheet) ▪ Demolition/Pavement Replacement Plan (1 sheet) ▪ Drainage Plan (1 sheet) ▪ Construction Details (1 sheet) Deliverables: Draft and Final PS&E for Segovia Way Pavement Distress Repair • Task 4: Design Support During Construction – Kimley-Horn will provide design support during construction, including: ▪ Review of up to two (2) Contractor submittals ▪ Review of / response to up to two (2) reasonable RFIs ▪ One (1) construction-phase site visit ▪ Preparation of as-built drawings for submittal to the City, based on redlines provided by the contractor Deliverables: review comments/response to submittals/RFIs (pdf), as-built drawings (pdf) Assumptions and Exclusions • The base map will be prepared using available record drawings and aerial imagery; a field topographic survey is excluded. • Based on initial review of the geotechnical recommendations and record drawings, it is assumed that the recommended subsurface drainage can be designed and constructed without modification or relocation of existing utilities within the anticipated project limits of work. • Utility potholing can be provided by a subconsultant for an additional fee, upon request by the City, to confirm the location and depth of existing utilities within the vicinity of proposed improvements. Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed-upon schedule. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 4 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Project Management $ 2,875 Task 2 Data Collection $ 1,780 Task 3 PS&E $14,790 Task 4 Design Support During Construction $ 4,950 Expenses $ 1,000 Maximum Labor + Expenses Fee $25,395 DocuSign Envelope ID: C6074346-37BF-4C5A-9D3F-F3496CC3C4AD Page 3 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Kimley-Horn will utilize billing rates from the Master Agreement and individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure 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: X Please email all invoices to jonathan.schauble@carlsbadca.gov Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please send an authorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Peter B. Ritchey Dennis Landaal Project Manager Senior Vice President P.E. No. 67652 P.E. No. 50270 DocuSign Envelope ID: C6074346-37BF-4C5A-9D3F-F3496CC3C4AD INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 4/02/2019 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 43460 23841 085202 19-20 A X X X Contractual Liab. X X 5268169 04/01/2019 04/01/2020 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X 4489663 04/01/2019 04/01/2020 1,000,000 B X X X 0 CX005FT19 04/01/2019 04/01/2020 5,000,000 5,000,000 C A N 015893685 (AOS) 015893686 (CA) 04/01/2019 04/01/2019 04/01/2020 04/01/2020 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA1904949 04/01/2019 04/01/2020 Per Claim $2,000,000 Aggregate $2,000,000 Re: Agreement #TRAN1392 - Grant Application Assistance Services. 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 1 of 1 #S1551009/M1513917 KIMLHORNClient#: 25320 JNOY1 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 04/01/2019 015893686 This page has been left blank intentionally. PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 4013 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kimley- Horn and Associates, Inc., a North Carolina corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated September 5, 2019, (“proposal”), attached as Appendix "A" for the Barrio Lighting Phase 1, (the “Project"). The Project services shall include engineering design of new lighting in the Barrio. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred twenty (120) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $30,000. DocuSign Envelope ID: 5A2C08DB-82A3-41AC-A042-64DD686EE7EB September 12, 2019 PSA19-557CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN OF NEW LIGHTING IN THE BARRIO TASK GROUP TIME & MATERIALS Project Management $3,000 Data Collection $4,000 Utility Coordination $7,000 Draft and Final PS&E $15,000 Expenses $1,000 TOTAL (Not-to-Exceed) $30,000 CONTRACTOR Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal, Senior Vice President Jon Collins, Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 5A2C08DB-82A3-41AC-A042-64DD686EE7EB September 12, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 5A2C08DB-82A3-41AC-A042-64DD686EE7EB kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 September 5, 2019 Mr. Jonathan Schauble City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Barrio Lighting Phase 1 Dear Mr. Schauble: 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 engineering services as part of the Master Agreement for Civil Engineering Services PSA19-557CA. Project Understanding The City of Carlsbad is looking to evaluate the need for lighting in the Barrio Neighborhood within the following boundary streets: Oak Avenue to Tamarack Avenue and I-5 to the LOSSAN Corridor. The City of Carlsbad has various documents that include lighting guidelines and standards as follows: · City of Carlsbad Barrio Neighborhood Lighting Guidelines (December 2014) · Carlsbad Village and Barrio Master Plan (July 2018) · City of Carlsbad Engineering Standards, Chapter 3 Street Light Section (2018) · Carlsbad Village Decorative Pedestrian Lighting Study (2019) To expedite lighting implementation within the Barrio, the design will be separated into two phases. Phase 1 will focus on areas of immediate need that have little to no existing street lighting. The following areas have been identified but are subject to change based on data collection and direction from the City: · Oak Avenue, East of Harding Street · Pine Ave, East of Harding Street · Avocado Lane · Madison Street, South of Chestnut Avenue · Roosevelt Street, South of Chestnut Avenue · Tyler Street, North of Walnut Avenue · Magnolia Avenue · Carol Place This task will develop lighting construction plans, specifications, and estimate. It is assumed that the lighting design will consist of approximately 15 street lights, and the locations will be finalized prior to design. The lighting design shall be consistent with and compliment the aforementioned Carlsbad documents. Scope of Services Kimley-Horn will provide the services specifically set forth below. ·Task 1: Project Management - Kimley-Horn will coordinate a kick-off meeting with the City project manager and applicable City staff to discuss the project, establish communication procedures, review scope and deliverables, confirm project goals and objectives, review project schedule, key milestones, and anticipated City review times. Kimley-Horn also anticipates up DocuSign Envelope ID: 5A2C08DB-82A3-41AC-A042-64DD686EE7EB Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 to two (2) additional project meetings throughout the duration of the project to discuss various submittals and/or City comments. Deliverables: Meeting minutes. ·Task 2: Data Collection – Kimley-Horn will develop an understanding of the physical conditions for the areas identified by the City, through a site visit and data collection effort. Data collection will consist of light location and type, potential electrical service locations, and current tree locations that may impact existing lighting levels. Kimley-Horn will utilize aerial imagery to develop a basemap in AutoCad consisting of curb, sidewalk, right-of-way, and property limits. Deliverables: Base map in AutoCAD format for use in construction drawings. ·Task 3: Utility Coordination –Kimley-Horn will conduct utility research to obtain readily available utility records within the project area and coordinate with SDG&E for service to proposed lighting. Kimley-Horn will send out utility notification letters to each known utility service provider to provide conflict review. Results from coordination will be integrated into an existing utility CAD base map that will be used to develop preliminary and final design plans. Deliverables: Utility notification letters and SDG&E service request forms ·Task 4: Draft and Final PS&E –Kimley-Horn will prepare draft and final plans, specifications, and opinion of probable construction cost for the identified street lighting. Kimley-Horn will address a single round of comments provided by the City before finalizing. The construction documents will consist of approximately five sheets at 20 scale with the following information: street lights, pull boxes, conduit, conductors, existing service locations, and proposed service locations. Deliverables: Draft and Final PS&E for Barrio street lighting Schedule We will provide our services as expeditiously as practicable to meet the attached schedule with a completion date of March 13. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 7 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Project Management $ 3,000 Task 2 Data Collection $ 4,000 Task 3 Utility Coordination $ 7,000 Task 4 PS&E $15,000 Expenses $ 1,000 Maximum Labor Fee $30,000 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Kimley-Horn will utilize billing rates from the Master Agreement and individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. DocuSign Envelope ID: 5A2C08DB-82A3-41AC-A042-64DD686EE7EB Page 3 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure 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: _X__ Please email all invoices to _jonathan.schauble@carlsbadca.gov ____ Please copy __________________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please send an authorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Brian L. Herting Dennis Landaal Project Manager Senior Vice President P.E. No. 84337 P.E. No. 50270 DocuSign Envelope ID: 5A2C08DB-82A3-41AC-A042-64DD686EE7EB PSA19-557CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6003 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KIMLEY-HORN AND ASSOCIATES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Roadway Capacity Analysis in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 28, 2019, (“proposal”), attached as Appendix "A" for the Roadway Capacity Analysis, (the “Project"). The Project services shall include the following: collect traffic data, conduct level of services (LOS) analysis and develop a report for the GMP monitoring program. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,000. DocuSign Envelope ID: 37D4453F-5C80-4774-B1E6-A6498245F263 April 11, 2019 PSA19-557CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT TRAFFIC MONITORING TASK GROUP TIME & MATERIALS Collect traffic counts at 43 locations, perform level of service (LOS) analysis, and write a report for the Growth Management Program (GMP) monitoring program. $10,000 TOTAL (Not-to-Exceed) $10,000 CONTRACTOR KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Dennis Landaal, Senior Vice President Jon Collins, Assistant Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 37D4453F-5C80-4774-B1E6-A6498245F263 April 11, 2019 February 28, 2019 Mr. Doug Bilse, P.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Roadway Capacity Analysis (Task 1) Dear Mr. Bilse: 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 engineering services as part of the Master Agreement for Traffic Engineering Services PSA19-590CA. Project Understanding The City of Carlsbad is looking to evaluate 43 roadway segments through use of the Carlsbad Roadway Capacity Tables Report to determine Level of Service and identify potential Traffic Signal Management solutions to improve traffic flow. Scope of Services Kimley-Horn will provide the services specifically set forth below. ·Traffic Counts - Kimley-Horn will collect new traffic counts for a 24-hour period at each of the 43 segments shown in Table 1 of the City’s Roadway Capacity Tables Report. ·Peak Volumes –Kimley-Horn will determine peak volumes by direction and perform a level of service evaluation using capacities established in the City’s Roadway Capacity Tables Report. ·Level of Service – Kimley-Horn will summarize the results of the level of service analysis and locations where improvements should be explored. ·Solutions – Kimley-Horn will develop potential solutions to address deficiencies determined in the evaluation. Kimley-Horn will then partner with the City to finalize recommended projects. ·Report – Kimley-Horn will prepare a findings report that includes the count data, level of service analysis, and recommended improvement projects. Schedule The scope of work will be completed by June 30, 2019. Fee and Expenses Kimley-Horn will perform these services for a total lump sum fee of $10,000. 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 15% 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 and should include the invoice number and Kimley-Horn project number. Closure 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 _______________________________________ Appendix "A" PSA19-557CA - Task No. 1 DocuSign Envelope ID: 37D4453F-5C80-4774-B1E6-A6498245F263 Rev 01/18 2 If you concur in all the foregoing and wish to direct us to proceed with the services, please send an authorized Purchase Order. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Brian L. Herting Dennis Landaal Project Manager Senior Vice President P.E. No. 84337 P.E. No. 50270 Appendix "A" PSA19-557CA - Task No. 1 DocuSign Envelope ID: 37D4453F-5C80-4774-B1E6-A6498245F263 PSA19-557CA Task No. 1 DocuSign Envelope ID: 37D4453F-5C80-4774-B1E6-A6498245F263 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company New Hampshire Ins. Co. Lloyds of London 4/02/2019 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 43460 23841 085202 19-20 A X X X Contractual Liab. X X 5268169 04/01/2019 04/01/2020 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X 4489663 04/01/2019 04/01/2020 1,000,000 B X X X 0 CX005FT19 04/01/2019 04/01/2020 5,000,000 5,000,000 C A N 015893685 (AOS) 015893686 (CA) 04/01/2019 04/01/2019 04/01/2020 04/01/2020 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA1904949 04/01/2019 04/01/2020 Per Claim $2,000,000 Aggregate $2,000,000 Re: Agreement #TRAN1392 - Grant Application Assistance Services. 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 1 of 1 #S1551009/M1513917 KIMLHORNClient#: 25320 JNOY1 This page has been left blank intentionally. 5268169 5268169 This page has been left blank intentionally. 04/01/2019 015893686 This page has been left blank intentionally. PSA 19-557CA MASTER AGREEMENT FOR CIVIL ENGINEERING (GENERAL) SERVICES KIMLEY-HORN AND ASSOCIATES, INC. 20-0'\ THIS AGREEMENT is made and entered into as of the ______ day of )\ICN:§Vvt~ , 2018, by and between the City of Carlsbad, a municipal corporation, ("City''), and Kimley-Horn and Associates, Inc., a North Carolina corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consultant firm that is experienced in civil engineering (general) services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to general civil engineering. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. SCOPE OF WORK The City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. 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, the 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA19-557CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed five hundred thousand dollars ($500,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for the City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor will be under control of the 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 the 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. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The 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 the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the 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, the 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 the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the 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 the 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 the 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. City Attorney Approved Version 6/12/18 2 PSA 19-557CA The parties expressly agree that any payment, attorney's fee, costs or expense the 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 the 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. The 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 (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 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 the 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. City Attorney Approved Version 6/12/18 3 PSA 19-557CA 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 the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the 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 the City to obtain or maintain insurance and the 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. The 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 the 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 the 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 the 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 the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA19-557CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor under this Agreement. For City Name Eleida Felix Yackel Title Senior Contract Administrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Peter Ritchey Title Project Manager 421 Fayetteville St. Address Suite 600 Raleigh, NC 27601 Phone No. 916-858-5800 Ext. Email peter.ritchey@kimley-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. Yes0 NoD 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 the 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 City Attorney Approved Version 6/12/18 5 PSA 19-557CA 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, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the 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 the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the 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 the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the 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. The 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, the 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 the 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 the 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 the 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 the City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 PSA 19-557CA 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 the 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 the 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. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-557CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of __________ , 2018. CONTRACTOR Kimley-Horn and Associates, Inc., a North Carolina corporation p..CP.. By: 0 IJ;{; !, ~~ ,3 O. nn• -JI. 4 wJ • gJ(i Pi; 5,, ~ Vi " fl,-< J , J'-' ..,, t (pr nt name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~r -ATTEST: L.eo ...,,~.:iX> 'G.$:?~l.CT I Sec..RE;TA.~~ (print namk/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:~~ Deputy City Attorny City Attorney Approved Version 6/12/18 8 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califor~a _ / \ County of ~OD D f'e~LL On 'QC10ber-3,201<c; before me, Je3~1c01 ~hnsDh) ~O~rj pu 61 1-C, (insert name and title of the officer) personallyappeared L©nardc) fs lrl Cfnd Denn1-S; Lv1ndC1v11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) · /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ~~r/their authorized capacity(ies), and that by pra¥r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Q ~ Q ~ff) (Seal) JESSICA JOHNSON Commission No. 2193505 ~ NOTARY PUBLIC-CALIFORNIA ] SAN DIEGO COUNTY ~ Commission Expires April 24, 2021 • j PSA 19-557CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of civil engineering tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Roadway design B. Parkway design C. Site design D. Roundabout design E. Visual simulations F. Intelligent transportation systems G. ADA design / inspection H. Stormwater engineering (civil design) Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 PSA 19-557CA EXHIBIT B -SAMPLE MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1. Kirk Ammerman Sr. Professional 2 $230.00 2. Pete Ritchey Sr. Professional 2 $230.00 3. Megan Ulery Sr. Professional 1 $210.00 4. Leo Espelet Sr. Professional 2 $230.00 5. RandalKopff Professional 2 $195.00 6. Jon Collins Sr. Professional 2 $230.00 7. Sean Houck Sr. Professional 2 $230.00 8. Sam McWhorter Sr. Professional 2 $230.00 9. Mark Araujo Professional 1 $165.00 10. Brian Herting Professional 1 $165.00 11. Peter Syntax Sr. Professional 1 $210.00 12. Melanie Duenas Professional 1 $165.00 13. Katie Galloway Professional 1 $165.00 14. Naomi Willis Professional 1 $165.00 15. Jennifer Koopman Sr. Professional 1 $210.00 16. Joe Cogswell Professional 1 $165.00 17. Cara lee Jaeckels Professional 1 $165.00 18. Sr. Professional 3 $285.00 19. Sr. Professional 2 $230.00 20. Sr. Professional 1 $210.00 21. Professional 2 $195.00 22. Professional 1 $165.00 23. Analyst $135.00 24. Sr. Accountant $135.00 25. Support $100.00 SUB-CONSULTANTS NAME[FIRM ffiLE HOURLY RATE 1. Aguirre & Associates See Attached Rate Schedule 2. AirX Utility Surveyors· See Attached Rate Schedule 3. Leighton Consulting, Inc. See Attached Rate Schedule EXPENSES DESCRIPTION COST %MARKUP 1. Mileage Current IRS Rate/ mile 2. Outside Printing and Actual Cost 10% Reproduction 3. Delivery Services/USPS Actual Cost 10% 4. Misc. Field Equipment/Supplies Actual Cost 10% 5. Subconsultants Actual Cost 10% 10 AGUIRRE & ASSOC IA TES SCHEDULE OF HOURLY BILLING RA TES Effective January 1, 2019 to December 31, 2021 LAND SURVEYING SERVICES -OFFICE Principal Land Surveyor Land Surveyor CAD Technician LAND SURVEYING SERVICES -FIELD 1-Person Survey Crew 1-Person Survey Crew (Prevailing Wage) 1-Person Survey Crew (GPS) GPS Crew Assistant 1-Person Survey Crew (GPS) (Prevailing Wage) GPS Crew Assistant (Prevailing Wage)· Survey Crew Party Chief Survey Crew Chainman Survey Crew Party Chief (Prevailing Wage) · Survey Crew Chainman (Prevailing Wage) OTHER SERVICES Depositions and Court Testimony DIRECT COSTS· Prints and Copies Delivery Charges Photogrammetry PLS LS CAD 1PSC 1PSC-PW 1PSC-GPS GPS-A 1 PSC-GPS-PW GPS-A-PW PC CH PC-PW CH-PW PSA19-557CA $165.00 126.00 80.00 125.00 156.00 125.00 60.00 156.00 130.00 125.00 60.00 156.00 130.00 $300.00· Cost Cost Cost 8363 CEN'IERDRIVE. SUITE SA • LAMESA, CA91942 • PH: (619~978 • FAX: (619)464-7203 SURVEYING • MAPPING• RIGHT-OF-WAY ENGINEER/NG · 11 AIRX Utility Surveyors, Inc. LOCAL _: _ . _ ,_. , .. PR.EV~1i.it-i<i,-#A¢.~:ti\JE§Leet_c __ < . .-___ -PSA 19-557CA June 13, 2018 Pricing on this document is valid for 90 days from the date above. Prepared For: Project Name: Kimley-Hom Attn: Kirti Mahbubani, 714-705-1355 Carlsbad On-Call A&E RFQ 18-05 Project Management & Report Preparation Project Management On Site/Records Research/Report drafting/Admin. Specialty Training w/Mob (Anticipated): Name of Training Potholing* Potholes Less Than 5' Deep Potholes 5' to 8' Deep Potholes 8' to 11' Deep Potholes 11' or O&eper/Trenches (HoU'ly) USA Mark-Out/ Standby Coord. / QA & QC PottlOle Layout w/Mob Moblfization: Hydro-Vac Unit, Support Trk & 2 Man Crew Wet & Dry Utility Locating* Locating • 1 Man & Equipment (Elec, Mag, Sonic, GPR) CCTV Video & Locating (2 Man Crew & Equip). Hourly Rate Mobillzatlon: Locator or CCTV Unit & Crew Traffic Control Traffic ControVROW plans· 11"X1T T raffle ControVROW plans • 0 Sheets Permit processing Minimal Traffic Control Equlpment Bike Lane, Shoulder or Narrow Lane Closure (Excludes Arrow Boan:f) SmaU lntersections/Standan:I Lane Closures (Up to 500' + tapers) . Large Intersections/Multiple Lane Closures Additional Arrow Board Night Work Premi1Jm Certified Flagman / Addl'I Laborer Concrete and Asphalt Patching Aquaphalt Permanent Patch w/S= Cut AC Cold Moc or Quick Set Concrete Patch W/Saw Cut Backfill -Sand and Native Sou AC Hot Mix Patch w/Saw Cut Coring • 12" Diameter Sidewalk Panel Replacement Additional Notes. Fees & Exclusions: i) AD mobilallon is charged portal to portaL No.: ~!011 hours@ No.: ~ hours' @ No.:;\~M hour$@ No.:~@ No.:~~ @ No.:~~ @ No.:~Ol.il @ No.:~ hours@ No.:~ hours@ No.: ff~~~~ hours @ No.: l1'1lMA\'/!!f';l,'i:':,G';:a hours @ No,; t:llm'~~;!)'_:;_1 hours @ No.: No.: @ @ @ @ ~ per hour-'ill ~ perhour- $80 per...,, hows Sub-total ill§ .m ~ CaD for Quote .w!! eam for Quote • This estimate~ the provision for pravailing wage. Prevaillng Wage rates are set by tha Ca/ifomia Department of Industrial Re/Btlons (DIR) and subject to changa annuaty per DIR regulations. Fed,n/ prevailing wage rates will also apply 'f epplk:t,ble. • This IS an estimate only based on_ rimlted Information provided. Adju#neiTts, changes and responStJ: to act:ua/ field conditions may incur added cosls. final Invoicing will reflect a,;t.uaJ wotfc hours performed. tnf11trifls u0Taed and ¥fVlces provided. • Client to facllilate access to site and utility cabinets or facirities in the area. AlrX also requests copies of available as-built maps relating to the project. • Potholing and Excavation rate applies to typical condltlons of asphalt or concrete sL.rlace material 6" -8" in depth and dlgable $OB cornfitions. Excessive surface material, concrete beneath asphalt. cobble, dense clay. CTB base. slurry. caliehe or other medium v.ill be c:t,arged at the hourly rate risted on this~ • UtrTity Re-Marking: U5itia previol/S/y marked alK1 subsequently lost dJJe to conditions beyond our contml shall not be the responsblllty of A/RX. Re-mamng wiH bit Charged at the utJ/1/y toca/il'lg rate mdica~ on this estimate. • lltlDty Locating: N6nimum charge of 2 man hO/JIS for Locating. CCTV Rates are based on typical cond16ons. Conditions SUCh as standard elbows, size of pipe and limited or no accesslbl/ify may prevent CCTV localing & inspection of utllty. Localing via CCTV Is limited ii deeper lhan 5 feet and not guaranteed aue to equipment limit8tion& CCTV pticlng 9)(c/udes jetting of pipe. - • Traffic conlrOI and Right of~ plan drawing is on 11 "x1 r sheets. If D Sheets are required, additional fees will apply. • Penrit fees for right of way or traffic comrol permit review and depo$its. are in addl5on to the Estimate Total. These fees wiU be paid by A!rX and charged back to the Client at cost plus 10%. AlrX cannot guanantee tum-around times for pennit process.. • Standard 1rafl!c control includes an signs, cones. barricades. sign stands and caution tape and 1 arrow-board unless otherwise specified. Specialty equipment sueh as non-typical $l9nage, crash barrels. message boards or K-Raff are addltionaJ. • AltX can provide certified flagman or add'itional laborers as needed at a rate of $17SI per man hour. • Patching: Pricing allows for AC COid Patch, Quick Set concrete or a quality permanent patch with Aquaphalt only. Use of Aquaphalt produet is dependent upon Agency acceptance and guaranteed for 3 ynrs. Please request quote if other patehing material or AC Hot Mix/Grinding is required. • Railroad Right c>f Way: Railroad Protective l.lablllty msuram:e will ba required for all Wl>rl< within rallroad right of way and may require Rai~ flagging and utility mark-out personnel •• Coordination of personnel may affect schedule of wor1<. Final fees wiR be paid for by AIRX and charged back to the Client at cost plus 10%. • Hazardous Spoils: Testing, Storage, and Disposal of any material, hazardous or otherwise, will incur additional charge and based on project requirements. If req,.,ired, fees be w,11 be paid for by AltX and charged back to the Client at cost plus 10%. • If air excavation is used, pricing assumes that spoils win be placed back into the hole onslte as backfill. If offslte disposal is required, an additional fee will Incur. • Specialty lraining due to project requirements may incur added time and cost and affect sehedule of work. • Werle within callrans. railroad, envitonmenfally sensitive or contamina1ed areas may incur additional costs. • Night work, If required, will Incur additiotlal cost for baDoon lighting, generators and banicade fights. • All rates are baaed on a standard 40-hour wotl< week. overtime. doubletime or holiday ...-win apply if a~plical>le. ent terms are 30 da)'$ from date of invo;ce. 1.5% mon1h thenlafter. Invoice Address: Invoice Emall(s): .xanw, 8-234 City o1 ca,1-on-CoJr A&E RFQ , e-os -l<lmJey-Hom AL 12 PSA 19-557CA ,,, 2018 PROFESSIONAL FEE SCHEDULE Leighton CLASSIFICATION $/HR Technician I 77 Technician 11 / Special Inspector 89 Senior Technician/ Senior Special Inspector 99 Prevailing Wage (field soils I materials tester) * 125 Prevailing Wage (Special Inspector)* 131 Prevailing Wage (Sou·rce Inspector, NOT and son remediation O&M)* 135 System Operation & Maintenance (O&M) Specialist 126 Non Destructive Testing (NDT) 135 Deputy Inspector 99 Field / Laboratory Supervisor 131 Source Inspector 122 City of Los Angeles Deputy Building (including Grading) Inspector 140 * See Prevailing Wages in Terms and Conditions CLASSIFICATION. Project Administrator/Word Processor/Dispatcher Information Specialist CAD Operator GIS Specialist GISAnalyst Staff Engineer/ Geologist/ Scientist Senior Staff Engineer/ Geologist/ Scientist/ ASMR Operations/ Laboratory Manager Project Engineer/ Geologist I Scientist Senior Project Engineer I Geologist I Scientist I SMR Associate · Principal Senior Principal GEOTECHNICAL LABORATORY TESTING $/HR 72 99 113 126 149 135 144 162 162 180 198 216 261 METHOD $/TEST METHOD $!TEST CLASSIFICATION & INDEX PROPERTIES Photograph of sample Moisture content (ASTM D2216) Moisture & density (ASTM D2937) ring samples Moisture & density (ASTM 02937) Shelby tube or cutting Atterberg limits (ASTM D4318) 3 points: -Single point, non-plastic -Atterberg limits (organicASTM D2487 / D4318) -Visual classification as non-plastic (ASTM D2488) Particle size: -Sieve only 1 ½ inch to #200, (AASHTO T27/ASTM C136/ASTM D6913/CTM 202) -Large sieve 6 inch to #200 (AASHTO T27/ASTM C136/ASTM D6913/CTIA 202) -Hydrometer only (ASTM D422) -Sieve + hydrometer (S3 inch sieve, ASTM D422) -Percent passing #200 sieve, wash only (ASTM D1140} Specific gravity and absorption of fine aggregate (AASHTO T84/ASTM C128/ASTM D854/CTM 207) Specific gravity and absorption of coarse aggregate (AASHTO T85/ASTM C127/CTM 206) -Total porosity-on Shelby tube sample (calculated from density & specific gravity) -Total porosity -on other sample Shrinkage limits (wax method, ASTM 04943} Pinhole dispersion (ASTM 04647) Dispersive characteristics (double hydrometer ASTM 04221) As-received moisture & density (chunk/carved samples) Sand Equivalent (AASHTO T176/ASTM D2419/CTM 217) COMPACTION & PAVEMENT SUBGRADE TESTS Standard Proctor compaction, (ASTM D698) 4 points: -4 inch diameter mold (Methods A & B) - 6 inch diameter mold (Method C) Modified Proctor compaction (ASTM D1557) 4 points: - 4 inch diameter mold (Methods A & B) - 6 inch diameter mold {Method C) Check point (per point) Relative compaction of untreated/treated soils/aggregates (CTM 216) Relative density (0.1 ft mold, ASTM 04253, D4254) 10 20 30 40 150 85 180 10 135 175 110 185 70 125 100 165 155 126 210 90 60 105 160 215 220 245 65 250 235 California Beartng Ratio (CBR, ASTM D1883): - 3 point - 1 point R-Value (AASHTO T190/ASTM D2844/CTM 301) untreated soils/aggregates R-Value (AASHTO T190/ASTM D2844/CTM 301) lime or cement treated soils/aggregates SOIL CHEMISTRY & CORROSMTY pH Method A (ASTM D4972 or CTM 643) Elecbical resistivity-single point -as received moisture Minimum resistivity 3 moisture content points (ASTM G187/CTM 643) pH + minimum resistivity (CTM 643) Sulfate content-gravimetric (CTM 417 B Part 11) Sulfate screen (Hach®) Chloride content (AASHTO T291/CTM 422) Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643) Organic matter content (ASTM D2974} SHEAR STRENGTH Pocket penetrometer Direct shear (ASTM D3080, mod., 3 points): -Consolidated undrained-0.05 inch/min (CU) -Consolidated drained -<0.05 inch/min (CD) -Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear) Remolding or hand trimming of specimens (3 points} Oriented or block hand trimming {per hour) Single point shear Torsional shear (ASTM 06467 I ASTM 07608) CONSOLIDATION & EXPANSION/SWELL TESTS Consolidation (ASTM D2435): -Each additional time curve -Each additional load/unload w/o time reading Expansion Index (El, ASTM D4829) Swell/collapse -Method A {ASTM 04546-A, up to 1 o load/unloads wlo time curves) Single load swell/collapse -Method B (ASTM 04546-8, sea~ load & inundate only) 2018 R1/2018-x www.leightongroup.com PAGE 1 of4 500 185 310 340 45 45 90 130 70 30 70 245 65 15 285 345 50 90 65 105 820 195 45 40 130 290 105 METHOD TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stress/strain plot ASTM D2166) Unconsolidated undrained biaxial compression test on cohesive soils (USAGE Q test, ASTM D2850, per confining stress) Consolidated undrained biaxial compression test for cohesive soils, (ASTM D4767, CU, USACE R-bartest) with back pressure saturation & pore water pressure measurement (per confining stress) Consolidated drained triaxial compression test (CD, USAGE S test), with volume change measurement. Price per soil type below EM 1110-2-1906()(): -Sand or silty sand soils (per confining stress) -Silt or clayey sand soils (per confining stress) -Clay soils (per confining stress) -Three-stage biaxial (sand or silty sand soils) -Three-stage biaxial (silt or clayey sand soils) -Three-stage biaxial (clay soils) Remolding of test specimens $/TEST 135 170 375 375 500 705 655 875 1,235 65 PSA 19-557CA Leighton I Fee Schedule METHOD $/TEST HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible-wall permeameterwith back.pressure 310 saturation at one effective stress (EPA 9100/ASTM D5084, falling head Method C): -Each additional effective stress 120 -Hand bimming of soil samples for horizontal K 60 Remolding of test specimens 65 Permeability of granular soils (ASTM D2434) 135 Soil suction (filter paper method, ASTM D5298) 400 SOIL-CEMENT Moisture-density curve for soil-cement mixtures {ASTM D558) 240 Wet-dry durability of soil-cement mixtures (ASTM D559) 1 1,205 Compressive strength of molded soil-cement cylinder (ASTM D1633)1 60 Soil-cefflent remolded specimen (for shear strength, consolidation, etc.)• 235 1 Compaction (ASTM D558 maximum density) should also be performed - not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING METHOD $/TEST METHOD $/TEST CONCRETE STRENGTH CHARACTERISTICS AGGREGATE PROPERTIES Concrete cylinders compression (ASTM C39) (6" x 12") 25 Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) 50 Concrete cylinders compression (ASTM C39) (4' x 8') 22 Organic impurities in fine aggregate sand (AASHT01211ASTM C40/CTM213) 60 Compression, concrete or masonry cores (testing only) se inch (ASTM C42J 40 LA Rattler-smaller coarse aggregate <1.5" (AASHTO T96/ASTM C131/ 200 Trimming concrete cores (per core) 20 CTM211) . Flexural strength of concrete (simple beam-3rd pt load'ing, ASTM C78/CTM 523) 85 LA Rattler-larger coarse aggregate 1-3" (AASHTO T96/ASTM C535/CTM 211J 250 Flexural strength of concrete [simple beanH:enter pt loading, ASTM C2931CTM 523) 85 Apparent specific gravity of fine aggregate (AASHTO T84/ASTM c128/ 130 Non shrink grout cubes (2 inch, ASTM C109/C1107) 25 CTM208) Drying shrinkage -four readings, up to 90 days, 3 bars (ASTM C157) 400 Clay lumps, friable particles (AASHTO T112/ASTM C142) 175 Length of drilled concrete cores (CTM 531) 40 Durability Index (AASHTO T210/ASTM D3744/CTM 229) 200 Moisture content of aggregates by oven drying (AASHTO T255/ 40 HOT MIX ASPHALT (HMA) ASTM C566/CTM 226) . Resistance of compacted HMA to moisture-induced damage 2,100 Uncompacted void content of fine aggregate (AASHTO T304/ 130 (AASHTO T283/CTM 371) ASTM C12S2/ CTM 234) Hamburg Wheel, 4 briquettes (modified) (AASHTO T324) 900 Percent of crushed particles (AASHTO T335/ASTM D5821/CTM 205) 135 Superpave gyratory compaction (AASHTO T312/ASTM 06925) 350 Flat & elongated particles in coarse aggregate (ASTM 04791/CTM 235) 215 Extraction by ignition oven, percent asphalt (AASHTO T308/ASTM 150 Cleanness value of coarse aggregate (CTM 227) 210 06307/CTM 382) Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) 225 Ignition oven correction/correlation values (AASHTO T308/ASTM 1,350 Soundness, sodium (AASHTO T104/ASTM C88/CTM 214) 650 06307/CTM 382) MASONRY Extraction by centrifuge, percent asphalt (ASTM 02112) 150 Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202) 135 Mortar cylinders (2" by 4", ASTM C780) 25 Stabilometer, S-Value (ASTM D1560/CTM 366) 265 Grout prisms (3" by 6", ASTM C1019) 25 Bituminous mixture preparation (AASHTO R30/CTM 304) 80 Masonry cores compression, ~s• diameter (testing only, ASTM C42) 40 Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) 60 CMU compression to size s• x 8" x 16" cs required, ASTM c140J 45 Bulk specific gravity of compacted HMA, molded specimen or 50 CMU moisture conten~ absorption & unit weight (6 required, ASTM C140J 40 cores, uncoated (AASHTO T166/ASTM D2726/CTM 308) CMU linear drying shrinkage (ASTM C426J 175 Bulk specific gravity of compacted HMA, molded specimen or 55 CMU grouted prisms (compression test ss• x 8' x 16', ASTM C1314) 180 cores, paraffin-coated (AASHTO T275/ASTM D1188/CTM 308) CMU grouted prisms (compression test> s· x s· x 16', ASTM C1314) 250 Maximum density -Hveem (CTM 308) 200 Masonry core-shear, Trtle 24 (test only) 70 Theoretical maximum density and specific gravity of HMA 130 BRICK (AASHTO T209/ASTM D2041/CTM 309) Compression (cost for each, 5 required, ASTM C67) 40 Thickness or height of compacted bituminous paving mixture 40 specimens (ASTM D3549) Rubberized asph~!t (add to above rates) +25% 2018 R1/2018 -X www.leightongroup.com 14 PAGE2of4 METHOD REINFORCING STEEL $/TEST Rebar tensile test up to s: No. 1 O bars (ASTM A370) Rebar tensile test> No. 1 O bars s: No. 17, (ASTM A370) Rebar bend test up to s: No. 10 bars (ASTM A370) Rebar bend test> No. 10 bars s: No. 17, (ASTM A370) Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775) Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775) Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775) Tensile strength, S100,000 pounds axial load (ASTM A370} Prestressing wire, tension (ASTM A416} Sample preparation (cutting) Resistance Butt-Welded Hoops/Bars, up to No. 10 (CTM 670) Post-Tensioned Bars (ASTM A772) 45 100 45 150 45 65 45 45 150 50 180 420 PSA 19-557CA Leighton I Fee Schedule METHOD SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605) BEARING PADS/PLATES AND JOINT SEAL Elastomeric Bearing Pads (Caltrans SS 51-3) Elastomeric Bearing Pad with Hardness and Compression Tests (Caltrans SS 51-3) Type A Joint Seals (Caltrans SS 51-2) Type B Joint Seals (Caltrans SS 51-2) Bearing Plates (A536) STREET LIGHTS/SIGNALS 100W HPS Lighting (Caltrans RSS 86) SAMPLE TRANSPORT Pick-up & delivery (weekdays, per trip, <50 mrle radius from Leighton office) $/TEST 60 990 1230 1620 1530 720 1296 $/TRIP 90 EQUIPMENT, SUPPLIES & MATERIALS $/UNIT 1/4 inch Grab plates 5 each Manometer 1/4 inch Tubing (bonded) 0.55 foot Mileage (IRS Allowable) 1/4 inch Tubing (single) 0.35 foot Moisture test kit (excludes labor to perfOITTI test, ASTM E1907) 3/8 inch Tubing, clear vinyl 0.55 foot Nuclear moisture and density gauge 4-Gas meter (RKI Eagle or similar)/GEM 2000 130 day Pacho meter Airflow meter and purge pump (200 cc/min) so day Particulate Monitor Box of 24 soil drive-sample rings 120 box pH/Conductivity/femperature meter Brass sample tubes 10 each Photo-Ionization Detector (PIO) Caution tape {1000-foot roll) 20 each Pump, Typhoon 2 or 4 stage Combination lock or padlock 11 each QED bladder pump w/QED control box Compressed air tank and regulator 50 day Resistivity field meter & pins Concrete coring machine (:S:6-inch-dia) 150 day Slip/ threaded cap, 2-inch or 4-inch diameter, PVCSchedule40 Consumables (gloves, rope, soap, tape, etc.) 35 day Slope inclinometer Core sample boxes 11 each Soil sampling T-handle (Encore) Crack monitor 25 each Soil sampling tripod Cutoff saws, reciprocating, electric (Sawzall®) 75 day Stainless steel bailer Disposable bailers 12 each Submersible pump, 10 gpm, high powered Grunfos 2-inch with Disposable bladders 10 each controller Dissolved oxygen meter 45 day Submersible pump/transfer pump, 10-25 gpm DOT 55-gallon containment drum with lid 65 each Support service truck usage (well installation, etc.) Double-ring infiltrometer 125 day Survey/fence stakes Dual-stage interface probe 80 day Tedlar® bags Dynamic Cone Penetrometer 400 day Traffic cones (::.25)/barricades (single lane) Generator, portable gasoline fueled, 3,500 watts 90 day Turbidity meter Global Positioning System/Laser Range Finder 80 day Tyvek® suit (each) Hand auger set 90 day Vapor sampling box HOPE safety fence (S100 feet) 40 roll Vehicle usage (carrying equipment) Horiba U-51 water quality meter 135 day VelociCalc Light tower (towable vertical mast) 150 day Visqueen {20 x 100 feet) Magnehelic gauge 15 day Water level indicator (electronic well sounder) <300 feet deep well ZIPLEVEL® Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site 2018 R1/2018-x www.leightongroup.com 15 $/UNIT 25 day 0.545 mile 60 test 88 day 25 day 125 day 55 . day 120 day 50 day 160 day 50 day 15 each 200 day 10 day 35 day 40 day 160 day 50 day 200 day 8 each 18 each 50 day 70 day 18 each 55 day 20 hour 35 day 100 roll 60 day 15 day PAGE3of4 PSA 19-557CA Leighton I Fee Schedule TERMS & CONDITIONS • Expiration: This fee schedule is effective through December 31, 2018 after which remaining work will be billed at then-current rates. • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. • Prevailing Wages: Our fees for prevailing wage work based upon California prevailing wage laws and wage determinations. • Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hour1y rates on California official holidays. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages. with a minimum charge of four hours per day. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on-site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work 8 hours: 8-hour minimum charge for over four hours of work, up to eight hours. Project time accrued includes portal to portal travel time. • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project-specific permits and/or licenses, project-specific supplemental insurance, travel, subsistence, project-specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 18%, unless billed directly to and paid by client. • Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's iiability equal to our total fees for a given project. • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. · A service charge of 1 %- percent per month will be charged for late payment • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. • Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials: Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard tum-around time for geotechnical-laboratory test results is 1 O working days. Samples will •be stored for 2 months, after which they will pe discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $1 O per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client-designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of after completion of testing and reporting 2018 R1/2018 -X www.leightongroup.com 16 PAGE4 of4 Client#· 25320 KIMLHORN ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 3/25/2018 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poUcles may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lleu of such endorsement(s). PRODUCER ~~"' Jerry Noyola Grayling Ins. Brokerage/EPIC ri:,gN:o Ext!: 770-552-4225 I iivc Nol: 866-550-4082 3780 Mansell Road, Suite 370 ~~= Jerry.noyola@greyllng.com Alpharetta, GA 30022 INSURER(&) AFFORDING COVERAGE NAICII INSURER A: National Union Fire Ina. Co. 19445 INSURED INSURER B : Alpon Arnerfcan Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER C : N•w Hnlpthlre Ina. Co, 23841 421 Fayetteville Street, Suite 600 INSURER D: ,._. ofl.onclOn 085202 Raleigh, NC 27601 INSURERE: INSURERF: 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 AflY 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 CONDITTONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~~?L = POLICY NUMBER ,&Wil~ ,:a,11g~ LIMITS LTR N R A X COMMERCIAL GENERAL LIABILITY 5268169 04/01/2018 04/01/201S EACH OCCURRENCE $1,000 000 -D CLAJM~E ~ OCCUR ~~~!lU?J!E~~ncel $500.000 ~ Contractual Liab. MED EXP (My one person) $25,000 PERSONAL & ADV INJURY $1,000 000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2 000 000 ~ ~PRO-~LDC s2,000 000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY 4489663 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT s1,000,000 IEaaceidentl -X ANYAUTO BODILY INJURY (Per person) $ I -OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -X HIRED X NON-OWNED ~~~~1,;:;t?AMAGE $ AUTOS ONLY AUTOS ONLY --$ B ~ UMBRELLA UAB ~ OCCUR CX005FT18 04/01/2018 04/01/20U EACH OCCURRENCE $5000 000 EXCESSUAB CLAIMS-MADE AGGREGATE $5000000 oED I xi RETENTioNsO $ / C WORKERS COMPENSATION 015893685 (AOS) 04/01/2018 04/01/2019 XI~~~= I ,~ri- A AND EMPLOYERS' LIABILITY y / N 015893686 (CA) 04/01/2018 04/01/2019 s1000000 ANY PROPRIETOR/PARTNERIEXEClJTIVE[m E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory In NH) 039326820 (ME) 04/01/2018 04/01/2019 E.L. DISEASE -EA EMPLOYEE s1 000.000 lf yes, desaibe under E.L. DISEASE· POLICY LIMIT $1 000.000 DESCRIPTION OF OPERATIONS below D Professional Llab P070831800 04/01/2018 04/01/2019 Per Clalm $2,000,000 / Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Addlllonol Romorks Schedule, may be attached II 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 Llablllty 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 ..t?.(/4<~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1019397/M1017400 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(sl Or Organization(sl 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 personlsl 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(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 C Insurance Services Office, Inc., 2012 Page 1 of 2 • 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 ls less. This endorsement shall . not increase the applicable Limits of Insurance shown in the Declarations. Page 2of 2 ~ Insurance Services Office, Inc., 2012 CG 20 10 04 13 • 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 Porson(sl Or Organlzatlon(s) 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 AGREEHENT 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 loca1ion 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• mem, 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 aiforded 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 Insu- rance shown in the Declarations; whichever is less. This endorsement shell not increase the appli- cable Limits of lnsl!r<1nce shown In the Decla- rations. CG 20 37 04 13 () Insurance Services Office, Inc., 2012 Page 1 of 1 • BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which H Is attached effective on the lncepUon date of the policy unless a different date Is Indicated below. (The folawlng • attatHng clause" need be ~ only when lllls endorsement Is lsSued llllbsequent lo praparatfon of lhe pallcy). Thia endorsement, effective 12:01 AM fonns a part of Polley No Issued to Kl KLEY-HORN AND ASSOCIATES, INC. By NATIONAL UNION FIRE INSURANCE; COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone Hable 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 addltlonal premium for this endorsement shall be 2. 00 % of the total es11mated workeni compensation premium for this policy. WC04 03 81 (Ed. 11190) Countef81gned by ____________ ·-____ ~~ __ _ Authorized Representative