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HomeMy WebLinkAboutKimley-Horn and Associates Inc; 2018-11-28; PSA19-590CAPSA19-590CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 6003 This seventh Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KIMLEY-HORN & 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 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 2, 2020, (“proposal”), attached as Appendix "A" for the Growth Management Plan Deficiency Evaluations, (the “Project"). The Project services shall include technical evaluation of deficient segments and intersections. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). 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 0. 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 $15,000. DocuSign Envelope ID: 68F4C07F-8778-46EA-8FC6-63768676B935 November 16, 2020 PSA19-590CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT DEFICIENT SEGMENTS REVIEWS TASK GROUP TIME & MATERIALS Technical evaluation of deficient segments and intersections $15,000 TOTAL (Not-to-Exceed) $15,000 CONTRACTOR Kimley-Horn & Associates, Inc. Kimley-Horn & 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, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 68F4C07F-8778-46EA-8FC6-63768676B935 November 16, 2020 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 November 2, 2020 Mr. Tom Frank, P.E.City of Carlsbad1635 Faraday AvenueCarlsbad, CA 92008 Re: Growth Management Plan Deficiency Evaluations Dear Mr. Frank: 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 Traffic Engineering Services PSA19-590CA. Project UnderstandingThe City of Carlsbad Traffic Monitoring Program findings prepared for the 2018-2019 GrowthManagement Plan (GMP) determined several segments as deficient per the roadway capacity analysis.To supplement that finding, it was requested by the Traffic and Mobility Commission to explore potentialimprovements to the roadways or adjacent intersections to improve flow before determining theroadway as exempt. Scope of ServicesKimley-Horn will provide the services specifically set forth below. Task 1: Deficient Segment Review Technical Memorandum – Kimley-Horn will evaluate thedeficient roadway segments and adjacent intersections for any potential modifications that couldimprove operations. Intersection and roadway geometry will be evaluated for feasibility and consistencywith the City of Carlsbad Mobility Element. Kimley-Horn will utilize traffic volume data available fromthe City to perform intersection analyses using Synchro software. Where data may not be available,roadway segment information will be used to estimate traffic operation performance. The followingroadway segments and intersections will be evaluated: Roadways §College Boulevard northbound from Carlsbad Village Drive to Oceanside City Limits §Cannon Road eastbound from Avenida Encinas to Paseo del Norte §Cannon Road westbound from Paseo del Norte to Avenida Encinas §Palomar Airport Road eastbound from Avenida Encinas to Paseo del Norte §Palomar Airport Road westbound from Paseo del Norte to Avenida Encinas Intersections (pending available information) §College Boulevard at Carlsbad Village Drive §College Boulevard at Tamarack Avenue (south) §College Boulevard at Tamarack Avenue (north) §Cannon Road at Avenida Encinas §Cannon Road at I-5 Southbound Ramps §Cannon Road at I-5 Northbound Ramps §Cannon Road at Paseo del Norte §Palomar Airport Road at Avenida Encinas PSA19-590CA - Task No. 7 Appendix "A" DocuSign Envelope ID: 68F4C07F-8778-46EA-8FC6-63768676B935 Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Task 2: Deficient Segment Review Technical Memorandum – Kimley-Horn will prepare a technicalmemorandum that documents the finding of the additional analyses described in Task 1 and therecommendation for each of the following roadway segments: § College Boulevard northbound from Carlsbad Village Drive to Oceanside City Limits § Cannon Road eastbound from Avenida Encinas to Paseo del Norte § Cannon Road westbound from Paseo del Norte to Avenida Encinas § Palomar Airport Road eastbound from Avenida Encinas to Paseo del Norte § Palomar Airport Road westbound from Paseo del Norte to Avenida Encinas Deliverable: Technical Memorandum ScheduleWe will provide our services as expeditiously as practicable. Fee and ExpensesKimley-Horn will perform the services in Tasks 1 and 2 on a labor fee plus expense basis with themaximum labor fee shown of $15,000. Kimley-Horn will not exceed the total maximum labor fee shownwithout authorization from the Client. Kimley-Horn will utilize billing rates from the Master Agreement.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 _tom.frank@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. Mychal D. Loomis Dennis LandaalProject Manager Senior Vice PresidentP.E. No. 76101 P.E. No. 50270 PSA19-590CA - Task No. 7 Appendix "A" DocuSign Envelope ID: 68F4C07F-8778-46EA-8FC6-63768676B935 PSA19-590CA Task No. 7 DocuSign Envelope ID: 68F4C07F-8778-46EA-8FC6-63768676B935 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. PSA19-590CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 6003 This eighth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KIMLEY-HORN & 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 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 October 9, 2020, (“proposal”), attached as Appendix "A" for the El Camino Real Deficient Segment Review, (the “Project"). The Project services shall include evaluation of potential improvements at the El Camino Real intersections with Tamarack Avenue and Cannon Road. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). 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 0. 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 $3,800. DocuSign Envelope ID: 60D3D5F7-AEAB-417E-83FC-58EBF047FF90 November 10, 2020 PSA19-590CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT EL CAMINO REAL INTERSECTIONS WITH TAMARACK AVENUE AND CANNON ROAD TASK GROUP TIME & MATERIALS Technical Review on intersections of ECR with Tamarack Avenue and Cannon Road $3,800 TOTAL (Not-to-Exceed) $3,800 CONTRACTOR Kimley-Horn & Associates, Inc. Kimley-Horn & 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, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 60D3D5F7-AEAB-417E-83FC-58EBF047FF90 November 10, 2020 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 October 9, 2020 Mr. John T. Kim, P.E., T.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Growth Management Plan Deficiency Evaluation: El Camino Real Dear Mr. Kim: 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 Traffic Monitoring Program findings prepared for the 2018-2019 Growth Management Plan (GMP) determined the segment of El Camino Real between Tamarack Avenue and Cannon Road as deficient per the roadway capacity analysis. To supplement that finding, it was requested by the Traffic and Mobility Commission to explore potential improvements to adjacent intersections to improve flow before determining the roadway as exempt. Scope of Services Kimley-Horn will provide the services specifically set forth below. ·Task 1: Deficient Segment Review Technical Memorandum – Kimley-Horn will prepare a technical memorandum that documents an evaluation of potential improvements at the El Camino Real intersections with Tamarack Avenue and Cannon Road that could improve operations. Kimley-Horn will utilize available 2019 traffic volume data to evaluate the existing intersection level of service at these two locations. Kimley-Horn will perform a peer review of the Local Mobility Analysis report prepared for the adjacent Marja Acres development for information on potential modifications or operational constraints identified. Any potential modifications to the intersection geometry will be evaluated for feasibility and consistency with the City of Carlsbad Mobility Element. Deliverable: Technical Memorandum Schedule We will provide our services as expeditiously as practicable. Fee and Expenses Kimley-Horn will perform the services in Task 1 on a labor fee plus expense basis with the maximum labor fee shown of $3,800. 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. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. PSA19-590CA - Task No. 8 Appendix "A" DocuSign Envelope ID: 60D3D5F7-AEAB-417E-83FC-58EBF047FF90 Page 2 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 _john.kim@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 Contract Manager Senior Vice President P.E. No. 84337 P.E. No. 50270 PSA19-590CA - Task No. 8 Appendix "A" DocuSign Envelope ID: 60D3D5F7-AEAB-417E-83FC-58EBF047FF90 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.Dave Sorenson Sr. Professional 3 $285.00 3.Jon Collins Sr. Professional 2 $230.00 4.Leo Espelet Sr. Professional 2 $230.00 5.Mychal Loomis Professional 2 $195.00 6.Matt Horton Professional 1 $165.00 7.Amy Jackson Professional 1 $165.00 8.David Park Professional 1 $165.00 9.Mark Araujo Professional 1 $165.00 10.Brian Herting Professional 1 $165.00 11. Sr. Professional 3 $285.00 12. Sr. Professional 2 $230.00 13. Sr. Professional 1 $210.00 14. Professional 2 $195.00 15. Professional 1 $165.00 16. Analyst $135.00 17. Sr. Accountant $135.00 18. Support $105.00 SUB-CONSULTANTS NAME[FIRM TITLE HOURLY RATE 1. 2. 3. 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% . PSA19-590CA - Task No. 8 DocuSign Envelope ID: 60D3D5F7-AEAB-417E-83FC-58EBF047FF90 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. PSA19-590CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 6070 This sixth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KIMLEY HORN & 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 design plans, specifications and estimates for traffic calming for Segovia Way and Harwich Drive 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 October 14, 2020, (“proposal”), attached as Appendix "A" for the Traffic Calming on Segovia Way and Harwich Drive, (the “Project"). The Project services shall include traffic calming on Segovia Way and Harwich Drive. 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 seven (7)working days after receiving this fully executed document and a City Purchase Order.Contractor shall complete the work within thirty (30) working days thereafter. Workingdays are defined in section 6-7.2 “Working Day” of the Standard Specifications for PublicWorks Construction (Green Book). Extensions of time for this Task Description may begranted if requested and agreed to in writing by the Director or City Manager. In no eventshall Contractor work beyond the term or authorized compensation of the MasterAgreement, 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 byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined 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 $15,500. DocuSign Envelope ID: 07ECD0EC-7502-4B39-9F58-5D75A4D1F082 October 28, 2020 PSA19-590CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT DESIGN PLANS, SPECIFICATIONS AND SEGOVIA WAY AND HARWICH DRIVE TASK GROUP TIME & MATERIALS Project Management $1,900 Draft and Final Plans, Specifications and Estimate $12,400 Expense $1,200 TOTAL (Not-to-Exceed) $15,500 CONTRACTOR Kimley Horn & Associates, Inc. Kimley Horn & 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, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 07ECD0EC-7502-4B39-9F58-5D75A4D1F082 October 28, 2020 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 October 14, 2020 Ms. Lindy S. Pham, P.E. Associate Engineer, Public Works Branch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Scope and fee for Traffic Calming on Two Streets Dear Ms. Pham: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Carlsbad (“Client” or "City") for providing engineering services as part of the Master Agreement for Traffic Engineering Services PSA19-590CA. Project Understanding The City of Carlsbad has implemented a Residential Traffic Management Program in an effort to reduce the undesirable effects of motor vehicles in residential neighborhoods, Engineering-based traffic calming measures will be implemented to increase compliance with posted speed limits and help achieve a more livable community. As part of this project, traffic calming measures consisting of speed cushions will be implemented on two streets in the City. Through a series of neighborhood meetings, the City has developed the following conceptual traffic calming plans:  Exhibit: Harwich Dr Traffic Calming Plan  Exhibit: Segovia Way Traffic Calming Plan Speed cushions have been designed in coordination with the City's emergency response providers and the following design example is to be used as the basis of design:  Cadencia Street Traffic Calming Plan: Speed Cushion Detail This project will ultimately develop traffic calming construction plans, specifications, and an estimate. 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 to two (2) additional project meetings throughout the duration of the project to discuss various submittals and/or City comments. It is assumed that all meetings will be via teleconference. Deliverables: Meeting minutes.  Task 2: Draft and Final PS&E – Kimley-Horn will prepare draft and final plans, specifications, and opinion of probable construction cost implementing traffic calming measures per the conceptual traffic calming plans. Kimley-Horn will address up to two (2) rounds of comments provided by the City before finalizing. The construction documents will consist of the following sheets: PSA19-590CA - Task No. 6 DocuSign Envelope ID: 07ECD0EC-7502-4B39-9F58-5D75A4D1F082 Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Title Sheet (1 Sheet) General Notes (1 Sheet) Improvement Plan - Harwich Drive (1 Sheet @ 1"=40' scale) Improvement Plan - Segovia Way (2 Sheet @ 1"=40' scale)) Construction Details (1 Sheets) Deliverables: Draft and Final PS&E. Draft PS&E will be submitted in PDF format via email or a sharefile site. Final PS&E Plans will be submitted in full size 36" x 24" Mylars. Final PS&E Specifications and Estimate will be submitted in PDF format via email or a sharefile site. Schedule We will provide our services as expeditiously as practicable. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 and 2 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Project Management $ 1,900 Task 2 Draft and Final PS&E Plans $ 8,800 Specifications $ 2,300 Estimate $ 1,300 Expenses $ 1,200 Maximum Labor Fee $14,300 MAXIMUM FEE $15,500 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 _Lindy.Pham@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. PSA19-590CA - Task No. 6 DocuSign Envelope ID: 07ECD0EC-7502-4B39-9F58-5D75A4D1F082 Page 3 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 PSA19-590CA - Task No. 6 DocuSign Envelope ID: 07ECD0EC-7502-4B39-9F58-5D75A4D1F082 MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1.Kirk Ammerman Sr. Professional 2 $230.00 2.Dave Sorenson Sr. Professional 3 $285.00 3.Jon Collins Sr. Professional 2 $230.00 4.Leo Espelet Sr. Professional 2 $230.00 5.Mychal Loomis Professional 2 $195.00 6.Matt Horton Professional 1 $165.00 7.Amy Jackson Professional 1 $165.00 8.David Park Professional 1 $165.00 9.Mark Araujo Professional 1 $165.00 10.Brian Herting Professional 1 $165.00 11. Sr. Professional 3 $285.00 12. Sr. Professional 2 $230.00 13. Sr. Professional 1 $210.00 14. Professional 2 $195.00 15. Professional 1 $165.00 16. Analyst $135.00 17. Sr. Accountant $135.00 18. Support $105.00 SUB-CONSULTANTS NAME[FIRM TITLE HOURLY RATE 1. 2. 3. 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% . PSA19-590CA - Task No. 6DocuSign Envelope ID: 07ECD0EC-7502-4B39-9F58-5D75A4D1F082 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. PSA19-590CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6070-1 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 design plans, specifications and estimates for traffic calming for Amargosa Drive, Hillside Drive, Avenida Diestro, Estrella De Mar Road and Cadencia Street 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 1, 2020, (“proposal”), attached as Appendix "A" for Traffic Calming on Five Streets, (the “Project"). The Project services shall include speed cushions and traffic circle designs. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). 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 $27,900. DocuSign Envelope ID: 897380BB-6529-4B3B-9E92-49DF635611B7 April 21, 2020 PSA19-590CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT DESIGN PLANS FOR TRAFFIC CALMING FOR AMARGOSA DR., HILLSIDE DR., AVENIDA DIESTRO, ESTRELLA DE MAR RD. AND CADENCIA ST. TASK GROUP TIME & MATERIALS Project Management $2,100 Data Collection $1,400 Design Checks $1,500 Utility Coordination $1,000 Draft and Final Plans, Specifications and Estimate $20,700 Expenses $1,200 TOTAL (Not-to-Exceed) $27,900 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, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 897380BB-6529-4B3B-9E92-49DF635611B7 April 21, 2020 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 April 1, 2020 Ms. Lindy S. Pham, P.E. Associate Engineer, Public Works Branch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Scope and fee for Traffic Calming on Five Streets Dear Ms. Pham: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Carlsbad (“Client” or "City") for providing engineering services as part of the Master Agreement for Traffic Engineering Services PSA19-590CA. Project Understanding The City of Carlsbad has implemented a Residential Traffic Management Program in an effort to reduce the undesirable effects of motor vehicles in residential neighborhoods, Engineering-based traffic calming measures will be implemented to increase compliance with posted speed limits and help achieve a more livable community. As part of this project, traffic calming measures consisting of speed cushions and traffic circles will be implemented on five streets in the City. Through a series of neighborhood meetings, the City has developed the following conceptual traffic calming plans: Exhibit 3: Amargosa Dr Traffic Calming Plan Exhibit 5: Avenida Diestro Traffic Calming Plan Exhibit 6: Estrella de Mar Rd Traffic Calming Plan Exhibit 7: Cadencia Street Traffic Calming Plan Exhibit 8: Hillside Drive Traffic Calming Plan Alternative Speed cushions have been designed in coordination with the City's emergency response providers and the following design example is to be used as the basis of design: Cadencia Street Traffic Calming Plan: Speed Cushion Detail The last traffic count for Amargosa Drive was collected in 2005: 715 veh/day from Los Pinos Circle to Represa Circle 2,660 veh/day from Jacaranda Ave to Olivenhain Road. The last traffic count for Hillside Drive was collected in 2007: 1,442 veh/day from Valencia Avenue to Cordoba Place To provide fire/trash/moving truck access within the neighborhood, center islands will be designed with a fully mountable curb. To minimize construction cost, the curb will be designed as pin-on. The central island will be colored stamped concrete. Intersection control will be converted to all way yield; stop signs to be removed. Existing curb ramps to be preserved at proposed Neighborhood Traffic Circle (NTC) locations. Per City direction, adjacent curb ramps are not planned to be updated to current standards as part of this project. This project will ultimately develop traffic calming construction plans, specifications, and an estimate. PSA19-590CA Task 5 Appendix A DocuSign Envelope ID: 897380BB-6529-4B3B-9E92-49DF635611B7 Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 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 to two (2) additional project meetings throughout the duration of the project to discuss various submittals and/or City comments. It is assumed that all meetings will be via teleconference. Deliverables: Meeting minutes. Task 2: Data Collection – Kimley-Horn will develop an understanding of the physical conditions through a data collection effort. Data collection will consist of retrieving regional GIS data along the project limits, and utilizing aerial imagery to develop a base map in AutoCAD consisting of curb and right-of-way for the corridors of concern. Deliverables: Base map in AutoCAD format for use in construction drawings. Task 3: Design Checks – Kimley-Horn will check the turning templates at the two proposed NTC locations. It is assumed that passenger vehicles will be sufficient, and the larger vehicles can utilize the mountable area. Deliverables: Turning templates at the two proposed NTC locations. If during this design check, it is found that the vehicle travel path encroaches on the crosswalk area that connects the apex curb ramps, it is recommended that the existing curb ramps be reconstructed to provide directional curb ramps. Typical NTC designs push back the pedestrian crossings outside the vehicle travel way, especially if ADTs are over 1,500 vehicles per day. Kimley-Horn can provide these design services as an additional service at the city's request; additional services includes, but is not limited to, field survey at each impacted curb ramp, and construction details of the impacted curb ramps, Task 4: Utility Coordination – Kimley-Horn has conducted utility research, obtained, and reviewed readily available utility records within the NTC construction limits. There are existing water valves, sewer manholes, and a storm manhole within NTC intersections. Utility locations will be integrated into an existing utility CAD base map that will be used to develop preliminary and final design plans. Deliverables: Updated utility base file in AutoCAD format Task 5: Draft and Final PS&E – Kimley-Horn will prepare draft and final plans, specifications, and opinion of probable construction cost implementing traffic calming measures per the conceptual traffic calming plans. Kimley-Horn will address up to two (2) rounds of comments provided by the City before finalizing. The construction documents will consist of the following sheets: Title Sheet (1 Sheet) Plan Sheet (7 Sheets) Construction Details (2 Sheets) Deliverables: Draft and Final PS&E PSA19=590CA Task 5 Appendix A (continued) DocuSign Envelope ID: 897380BB-6529-4B3B-9E92-49DF635611B7 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 $ 2,100 Task 2 Data Collection $ 1,400 Task 3 Design Checks $ 1,500 Task 4 Utility Coordination $ 1,000 Task 5 Draft and Final PS&E Plans $13,400 Specifications $ 4,500 Estimate $ 2,800 Expenses $ 1,200 Maximum Labor Fee $27,900 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 _Lindy.Pham@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. PSA19-590CA Task 5 Appendix A (continued) DocuSign Envelope ID: 897380BB-6529-4B3B-9E92-49DF635611B7 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 PSA19-590CA Task 5Appendix A (continued) DocuSign Envelope ID: 897380BB-6529-4B3B-9E92-49DF635611B7 PSA19-590CATask No. 5 DocuSign Envelope ID: 897380BB-6529-4B3B-9E92-49DF635611B7 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. PSA19-590CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6070-1 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 design plans, specifications and estimates for the new median and additional Rectangular Rapid Flashing Beacon (RRFB) 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 November 1, 2019, (“proposal”), attached as Appendix "A" for the Crosswalk Modifications at Grand Avenue between Garfield Street and Carlsbad Boulevard, (the “Project"). The Project services shall include crosswalk modicaiton. 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 thirty (30) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). 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 $5,500. DocuSign Envelope ID: 366AF47F-8C40-4588-B814-B5D5F882BB24 November 26, 2019 PSA19-590CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT DESIGN PLANS, SPECIFICATIONS AND ESTIMATES FOR THE NEW MEDIANS AND ADDITIONAL RRFB ON GRAND AVENUE TASK GROUP TIME & MATERIALS Kimley-Horn and Associates, Inc. will: 1.Conduct a field investigation of the project area to review existing condition. 2.Develop plans, specifications and engineer's cost estimate for the crosswalk modification on Grand Avenue between Carlsbad Boulevard and Garfield Street. Work includes designing medians at approaching ends of crosswalk, convert crosswalk striping to continental style and installing additional Rectangular Rapid Flashing Beacon on the median. 3.Submit draft plans to the City for one round of review prior to completing final plans. 4.Print full plans to mylar, stamp and sign, and deliver to the city. $5,500 TOTAL (Not-to-Exceed) $5,500 /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 366AF47F-8C40-4588-B814-B5D5F882BB24 PSA19-590CA City Attorney Approved Version 7/19/17 3 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) Dennis Landaal / Senior Vice President (sign here) 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, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 366AF47F-8C40-4588-B814-B5D5F882BB24 November 26, 2019 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 November 1, 2019 Ms. Lindy Pham, P.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Crosswalk Modifications at Grand Ave between Garfield St and Carlsbad Blvd Dear Ms. Pham: 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 make the following crosswalk modifications at Grand Avenue between Garfield Street and Carlsbad Boulevard: 1. Convert existing crosswalk striping to high visibility continental crosswalk striping 2. Install four-foot-wide median at approach ends of the crosswalk. 3. Install one RRFB on a telespar pole in new median. The following are assumptions for the completion of the scope: ·The drainage path is not affected by the median improvements and storm drain design is not required. ·Survey is not required. Scope of Services Kimley-Horn will provide the services specifically set forth below: ·Schematic Survey and Site Visit- Kimley-Horn with conduct a field investigation of the project area to review existing conditions. Kimley-Horn will then utilize aerial imagery to develop a schematic survey that consists of the following: §Sidewalk and curb §Existing curb ramps §Above ground utilities, fences, driveways, light poles, power poles, drainage structures, and signage §Lane lines and stop bars ·PS&E -Kimley-Horn will prepare Pre-Final Construction Drawings for City review and comment. Upon addressing a single round of comments provided by the City, Kimley-Horn will submit Final Construction Documents. The PS&E submittal will consist of the following: ·Title Sheet (1 Sheet) ·Improvement Plans: 1” = 20’ Scale (1 Sheet) ·Opinion of Probable Construction Cost·Special Provisions Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. PSA19-590CA Task 4 Appendix A DocuSign Envelope ID: 366AF47F-8C40-4588-B814-B5D5F882BB24 Page 2 kimley-horn.com 401 B Street, Suite 600 | San Diego, CA 92101 619.234.9411 Fee and Expenses Kimley-Horn will perform the services in this scope on a labor fee plus expense basis with a maximum labor fee of $5,500. Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. 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: ____ Please email all invoices to ___________________________ ____ Please copy _______________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please 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 PSA19-590CA Task 4Appendix A (continued) DocuSign Envelope ID: 366AF47F-8C40-4588-B814-B5D5F882BB24 PSA19-590CA Task 4DocuSign Envelope ID: 366AF47F-8C40-4588-B814-B5D5F882BB24 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. PSA19-590CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 This third Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KIMLEY-HORN AND ASSOCIATES, INC., a Noth 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 Study 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 Appendix "A" for the Trolley Feasibility Study Report Update, (the “Project"). The Project services shall include two (2) comment resolution meetings, incorporating one round of city comments, creation of a comment resolution tracker and finalizing the Trolley Feasibility Study report. 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 five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one-hundered and 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 $8,000. DocuSign Envelope ID: B31653F0-65D7-4E95-BE81-CC7D164EA568 October 11, 2019 PSA19-590CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT INCORPORATE CITY COMMENTS AND FINALIZE TROLLEY FEASIBILITY STUDY TASK GROUP TIME & MATERIALS Task 1 - Comment Resolution Meeting Task 2 - Updated Carlsbad Trolley Feasibility Report Task 3 - Final Report Compilation $8,000 TOTAL (Not-to-Exceed) $8,000 CONTRACTOR KIMLEY-HORN AND ASSOCIATES, INC., a Noth Carolina corporation KIMLEY-HORN AND ASSOCIATES, INC., a Noth 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, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: B31653F0-65D7-4E95-BE81-CC7D164EA568 October 11, 2019 PSA19-590CA City Attorney Approved Version 7/19/17 3 Trolley Feasibility Study Report Updates Task No. 3 – Appendix “A” Task 1 – Comment Resolution Meeting Kimley-Horn will attend up to two (2) in-person meetings with up to two (2) Kimley-Horn staff at the city to discuss comments received that require additional clarification and discussion with city staff. It is assumed that some or all review staff will be present at one or more of these meetings. Kimley-Horn will update a comment tracking log based on the agreed upon resolution of comments discussed. Deliverables: Attendance at meeting; updated comment tracker Task 2 – Updated Carlsbad Trolley Feasibility Report Kimley-Horn will address the comments received by the by the city on August 27th and September 9th, 2019 and create an updated Trolley Feasibility Study. The updated draft Report will be accompanied by a comment resolution tracker spreadsheet that documents how each comment was addressed. Additional comments not associated with the previous reviewer comments are assumed to be an additional service. Deliverables: Draft Report; comment resolution tracker Task 3 – Final Report Compilation Kimley-Horn will incorporate one round of consolidated comments provided by the city on the draft Report. It is assumed that all comments will be related to the incorporation of August 27th and September 9th, 2019 provided by the city. The draft Report will be updated and finalize. The final Report PDF and associated files will be submitted to the City upon completion. Schedule We will provide our services as expeditiously as practicable with the goal of meeting the following schedule: Fee and Expenses Kimley-Horn will perform the Services in Tasks 1 - 3 on a labor fee plus expense basis with a not to exceed value of $8,000. Fee estimates in this Agreement are for general budgeting purposes only. Actual fees may be less or more than the estimates. Labor fee will be billed on an hourly basis according to our then-current rates. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Deliverables: Final Report including associated InDesign files DocuSign Envelope ID: B31653F0-65D7-4E95-BE81-CC7D164EA568 PSA19-590CA Task No. 3 DocuSign Envelope ID: B31653F0-65D7-4E95-BE81-CC7D164EA568 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. PSA19-590CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6326 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KIMLEY-HORN AND ASSOCIATES, 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 Traffic Signal Design 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 20, 2019, (“proposal”), attached as Appendix "A" for the Traffic Signal Specifications, (the “Project"). The Project services shall include defining specifications for bid packages related to traffic signal design plans. 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 $9,000. DocuSign Envelope ID: E9E091AB-6957-4B24-A831-784CF116B889 April 11, 2019 PSA19-590CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT DEFINE SPECIFICATIONS FOR TRAFFIC SIGNAL PLANS TASK GROUP TIME & MATERIALS Review Greenbook and modify Carlsbad Traffic Signal Specifications to eliminate duplicate elements; finalize Carlsbad Traffic Signal Specification document. $9,000 TOTAL (Not-to-Exceed) $9,000 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: E9E091AB-6957-4B24-A831-784CF116B889 April 11, 2019 February 20, 2019 Mr. Doug Bilse, P.E. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Traffic Signal Specification (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 created traffic signal specifications as part of their efforts to establish citywide standards for the construction of new and modification of existing traffic signals. Recently, the City has initiated a separate committee to update the citywide specification document for all Public Works Projects, which includes traffic signals. The new citywide specification document is following the 2018 Greenbook where possible. The City would like to modify the traffic signal specification to follow the same format, but more importantly, not duplicate information. Scope of Services Kimley-Horn will provide the services specifically set forth below. ·Review of Greenbook, Caltrans, and Carlsbad Traffic Signal Specifications - Kimley-Horn will perform a review of the 2018 Greenbook Specifications and the 2018 Caltrans Standard Specifications as it pertains to traffic signal specifications. From this review it will be determined if Part 7 of the 2018 Greenbook can be replaced with Section 86 and 87 of the 2018 Caltrans Standard Specifications entirely. Kimley-Horn will perform a review of the Carlsbad Traffic Signal Specification to determine if there is duplicative information that can be removed. ·Prepare Carlsbad Traffic Signal Specification - Based on comments provided by the City, Kimley-Horn will revise the Carlsbad Traffic Signal Specification to incorporate information from the Greenbook and the 2018 Caltrans Standard Specifications to develop a consolidated specification that includes pertinent information from the all three documents. The intent of this task is to reduce the revised document to a document that references the Greenbook and only includes additional information necessary for construction in California, specifically the City of Carlsbad. Schedule We will provide our services as expeditiously as practicable. Fee and Expenses Kimley-Horn will perform the services on a labor fee plus expense basis with the maximum labor fee of $9,000 based on our current contract rates. Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other Appendix "A" PSA19-590CA DocuSign Envelope ID: E9E091AB-6957-4B24-A831-784CF116B889 Rev 01/18 2 expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. 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. 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 In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the City of Carlsbad. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: ____ Please email all invoices to ___________________________ ____ Please copy _______________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully-executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. 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" PSA19-590CA DocuSign Envelope ID: E9E091AB-6957-4B24-A831-784CF116B889 DocuSign Envelope ID: E9E091AB-6957-4B24-A831-784CF116B889 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 19-590CA MASTER AGREEMENT FOR TRAFFIC ENGINEERING SERVICES KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the 273-tPJ day of h,j ~ , 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 consulting firm that is experienced in traffic engineering 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 traffic 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 PSA 19-590CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand ($300,000) dollars 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 the 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 19-590CA 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. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 6/12/18 3 PSA 19-590CA 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 PSA 19-590CA 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 Kirk Ammerman Title Principal-In-Charge 421 Fayetteville Street Address Suite 600 Raleigh, NC 27601 Phone No. 619-744-0137 Email kirk.ammerman@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. Yes[x) 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 19-590CA 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 19-590CA 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 19-590CA 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 Byl)dl) Qz; (sign here~ U. ,..,-. "1 L...., l . ._ \~ ~,.. Vu c P '"'-,. k (pri t name/title) By: 'P.F. (sign here) 1--1\~~, ~W<-:::t (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~ ~Matt Hall, Mayor If required by the 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: W.-ot eputyCity Attorne City Attorney Approved Version 6/12/18 8 Kimley>>>Horn Certificate of Secretary To Whom It May Concern: I am the duly qualified and acting Secretary of Kimley-Horn and Associates, Inc., a North Carolina Corporation. The following is a true copy of a resolution duly adopted by the Board of Directors of the corporation at the Board meeting held on December 14, 2017 and entered in the minutes of such meeting in the minute book of the corporation. "The Board unanimously approved the contract signing authority of employees as presented." (A copy of the employee lists as presented is enclosed.) The resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is now in full force and effect. Dated: Richard N. Cook, Secretary ATLANTIC NEWPORT NEWS Collins, Carroll E. NORTHERN VIRGINIA Carter, Erica V. Elman, Paul D. Kauppila, John L. Lefton, Steven E. Martin, Robert J. Murphy, Terence T. Sauro, Thomas J. Stevens, Ross S. Whyte, Richard D. Yarnal, Brian D. RICHMOND Brewer, Brian J. Harmon, Amanda R. Lickliter, Ashley C. White, Timothy E. VIRGINIA BEACH Chambers, Jon S. France, William D. Mackey, William F. Marscheider, Edward A. Nash, William A. Royal, Jack R. Tewksbury, Carl F. WHITE PLAINS Gibson, Adam T. CALIFORNIA LOS ANGELES DOWNTOWN Blume, Robert D. Fares, Jean B. Kerry, Nicole M. Kyle, Gregory S Phaneuf, Alyssa S. OAKLAND Akwabi, Kwasi Dankberg, Adam J. Durrenberger, Randal R. ORANGE Adrian, Darren J. Ciandella, Serine A. Fares, George 8 . Hourigan, E. Vincent Matson, Jason B. Melvin, M. Pearse Phillips, Chad E. PLEASANTON Mowery, Michael C. Pulliam, John E. Sowers, Brian E. SACRAMENTO Melvin, Enda Squires, Christopher A. Weir, Matthew D. Kimley-Horn and Associates, Inc. FULL CONTRACT SIGNING AUTHORITY December 14, 2017 SAN DIEGO TAMPA PHOENIX Barlow, MattheWT Gilner, Scott W. Conrad, John R. Espelet, Leonardo E. White, Wayne E. Hermann, Michael J. Harry, Jennifer L. Kissinger, John C. Kaltsas, Joseph D. VERO BEACH Leistiko, David J. Knapton, Michael J. Cave, Derrick B. Mutti, Brent H. Laodaal, Dennis J. Good, Brian A. Noon, Lisa K. Meyerhofer, Peter N Peed, Brooks H. Omais, Ahmad A. Podegracz, Anthony J. Roberson, Kevin M. Perillo, Adam C. Ross, Michael S. Stephens, Britt L. Pretorius, Petrus S. Purtle, Vicki L. SANJOSE WEST PALM BEACH Schiller, Michael G. Hedayat, Leyla Atz, John C. Smalkoski, Brian R. Venter Frederik J. Barnes, R. Russell Heggen, Christopher W. TUCSON FLORIDA Jackson, Kenneth W. Crowther, Brent C. BOCA-DELRAY Mufleh, Marwan H. Schwartz, Michael F. Rapp, Bryan T. SOUTHEAST Webber, Jason A. Schanen, Kevin M. ALPHARETTA Sumislaski, James M. Fanney, Lawson H. FORT LAUDERDALE Walthall, David W. Hamilton, James R. Alam, Mudassar M. Walker, John D. Capelli, Jill A. MID-WEST Webb, Floyd C. Falce, Christopher T. CHICAGO McWilliams, John J. DOWNTOWN ATLANTA Ratay, Gary R. Dvorak, Jr., William E. James, Alvin B. Saxena, K.K. Morton, Jr., Arthur J. Rushing, Michael L. Wilson, Deborah L. JACKSONVILLE CHICAGO Mecca, Joseph P. SUBURBAN ATLANTA MIDTOWN Roland, George E. Antony, Dean M. Fink, Kenneth L. Heinen, Andrew N. Meador, Emily H. LAKELAND Montanye, Emmeline F. Bulloch, Kelly B. INDIANAPOLIS Ross, Robert A. W ilson, Mark E. Butz, Jr., William A. Stricklin, David L. MIAMI TWIN CITIES CHARLOTTE Baldo, Burt L. Bishop, Mark C. Blakley, Jr., Stephen W. Buchler, Aaron E. Coyle, Daniel J. Edwards, Matthew A. Campbell, David C. Danielson, Paul B. Hume, Robert M. Collier, Julio A. Horn, Jon B. Wilhelm, William R. Fernandez, Jorge L. Leverett, Christopher C. Matzek, William D. DURHAM DQWNTOWN OCALA Williamson, Sarah T. Beck, Chadwick W. Bryant, M. Lewis Busche, Richard V. MOUNTAIN MEMPHIS DENVER Collins, James F. ORLANDO Colvin, Scott W. Danley, Drake E. Chau, Hao T. Krell, Gabriel M. Jackson, Jay R. Phelps, Randall J. NASHVILLE Martin, Jonathan A. Rowe, Curtis D. Dufour, Zachary J. Mingonet, Milton S. Salvagio, Robin Rhodes, Christopher D. Thigpen, Jonathan D. Valentine, Brian W. RALEIGH SARASOTA LAS VEGAS Adams, Richard C. Nadeau, Gary J. Ackeret, Kenneth W. Barber, Barry L. Schmid, Seth E. Colety, Michael D. Burchett, Thomas F. Stovall, Thomas M. Byrd, Michael N. MESA Cook, Richard N. TALLAHASSEE Margetts, Sterling T. Deans, Neil T. Barr, Richard R. Marin, Laura S. Dunzo, Mark W. Sewell, Jon S. Walnum, Nathan C. Flanagan, Tammy L. Kuzenski, John McEntee, David L. Nuckols, Charles A. Penny,H.Dean RALEIGH CONT. Rohrbaugh, Richard R. Sutter, Karl V. Venters, Samantha Wilson, Jon E. Wilson, Mark S. TEXAS AUSTIN Boecker, Brian C. Van Leeuwen, Andrew DALLAS Hall, James R. Henigsman, Dean A. Hoppers, Kevin P. Nathan, Aaron W. Smith, Eric Z. Swindler, Roderick P. Wilshire, Roy L. FORT WORTH Arnold, Scott R. Gary, Glenn A. James, Jeffery FRISCO Brignon, Brit A. McCracken, Paul D. HOUSTON Frysinger, Chris V. Guillory, Michael B. LAS COLINAS Tribble, Guy B. Kimley-Horn and Associates, Inc. STANDARD CONTRACT SIGNING AUTHORITY December 14, 2017 These persons have authority to sign contracts using unmodified Kimley-Horn forms (not client-drafted contracts). ATLANTIC SAN DIEGO CHICAGO SUBURBAN COLUMBIA SAN ANTONIO BALTIMORE Koopman, Jennifer R. Kaufman, Philip R. Guy, Jonathan R. Cox, B. Matthew Falk, Katherine W. McCormick, Matthew Rahman, M. Anees Iser, Christopher M. Farnsworth, Jeffrey A. Kraft, Jonathan H. McWhorter, Samuel L. Sjogren, Timothy Holscher, Nicholas F. Sorenson, David K. DURHAM DOWNTOWN NEWPORT NEWS COLUMBUS Lewellyn, Earl R. THE WOODLANDS Weist, Jamie H. SAN JOSE Muller, Justin M. Freeman, Jr., Steven C. Johnson, Miles R. ROCHESTER LEXINGTON NEW YORK Worthington-Forbes, Payne, Lucas C. Heustess, Aaron M. Van Hise, Kevin Laura MEMPHIS TWIN CITIES Monroe, Kenneth W. NORTHERN VIRGINIA FLORIDA Henderson, Benjamin J. Albright, Michael R. BOCA-DELRAY Libby, Jonathan N. NASHVILLE Ameel, Adrienne C. Spruce, Michael D. Lincoln, Thomas J. Boles, Brendan Giffin, Geoffrey D. Pertzsch, Jerry D. Creasman, Brett Harris, Michael J. FORT LAUDERDALE Sieh, Patricia D. McMaster, Ryan Markham, Daniel C. Dabkowski, Adrian K. Witzig, Jeanne M. Teague, M. Zach Robertson, Stewart E. RALEIGH MOUNTAIN Bostic, Christopher 0. PHILADELPHIA FORT MYERS DENVER Cochran, Adam P. Caponigro, Anthony A. Van Buskirk, Peter T. Steder, Matthew C. Gresham, Teresa R. Turner, Meaghan M. Hachem, Stephanie L. RICHMOND JACKSONVILLE Howell, Cory J. Ellington, David B. Brenny, Martin T. LAS VEGAS Moore, Jeffrey W. McPeters, Brian A. Schilling, William J. Belsick, Jody Reed, Elizabeth A. Musarra, Salvatore J. Moles, Richard A. Robinson, Larry D. LAKELAND VIRGINIA BEACH Lewis, Jason A. MESA TEXAS Brich, Stephen C. Grandy, Michael L. AUSTIN Crum, Katie E. MOBILE Mason, Sean R. Farthing, Andrew P. Walker, Jordan W. PHOENIX Neal, Trey A. Jucksch, Rebecca R. Burgess, Lisa M. Parker, Brian J. Mertig, Karl E. ORLANDO Burns, Leslie D. Smith, Robert J. Miller, Edward W. Burkett, Leon F. Delmarter, Michael L. Niss, Robyn M. Tarnang, Edwin L. Haney, Stephen E. BRYAN/COLLEGE Williams, Kyle D. Tate, Jr., S. Clif STATION RENO Harris, Joseph C. WHITE PLAINS SARASOTA O'Brien, Molly M. Canning, T. John Conerly, William E. DALLAS Klepper, B. Kelley SALT LAKE CITY Galloway, Steven D. CALIFORNIA Pankonin, James R. Johnson, Zachary A. Gaskey, Kevin S. LOS ANGELES OT Harris, Mark E. Chakravarthy, Srikanth TALLAHASSEE TUCSON Kacir, Kent C. Choi, Michael Wetherell, Ryan S. Solis, Richard P. Lucas, Matthew A. Underwood, Sarah M. OAKLAND TAMPA SOUTHEAST Dean, Felicia C. Hatton, Christopher C. ALPHARETTA FORT WORTH Lee, Nathan Q. Fanney, Angela L. Morales, Hugo ORANGE West, Brian B. Holst, Tyler J. VERO BEACH FRISCO Melchor, Jason J. Husainy, Kinan F. ATLANTA Dickey, Kyle A. Regueira, Eric Kiefer, Michael E. Newton, Gary T. Millner, Daniel C. Van Rens, Peter J. Safford, Ryan C. PLEASANTON ATLANTA MIDTOWN Carley, Daniel C. WEST PALM BEACH Bosman, Eric S. HOUSTON Whaley, Tyler J. Fairchild, Angelina Coleman, Sean H. Frysinger, Ashley M. Potts, John E. Johnston, Sean P. Kirkland, Mark R. SACRAMENTO Strychalski, Raymond P. Klein, Paul A. MIDWEST Warfield, M. Casey LAS COLINAS Pittalwala, Fareed S. CHICAGO DOWNTOWN Delmotte, Ryan M. Tait, Zachary T. Lemmon, Peter CHARLOTTE Marnell, Colleen L. Taylor, Benjamin S. MCKINNEY Watts, Austin L. Riccardi, Joseph C. 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 California 0a n D ·()go County of '0 f ~· ~ ) On N(J\/'ehlber lo, 2018 before me, Jessic{1 Johnson) Nu-fr1r;J pu bl iv (insert name and title of the officer) personally appeared M attr)e,1/J (¾ r I (/)IV Ci nci Denn JS Lo nd Cl a I 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 thatjre/¢e/they executed the same in ~/!;>lr/their authorized capacity(ies), and that by ¢/!)et/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 cf}M,:U(C{ ~J ! ....... JESSICA JOHNSON i ~ ,· · Commission No. 2193505 ~ i NOTARY PUBLIC -CALIFORNIA ] t . . SAN DIEGO COUNTY ~ I Commission Expires April 24, 2021 i (Seal) PSA 19-590CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of traffic engineering related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Traffic Calming Studies and Implementation B. Traffic Signal Design C. Traffic Impact Study Preparation and Review D. Environmental Impact Report/Review. As it relates to transportation engineering projects Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 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. Dave Sorenson Sr. Professional 3 $285.00 3. Jon Collins Sr. Professional 2 $230.00 4. Leo Espelet Sr. Professional 2 $230.00 5. Mychal Loomis Professional 2 $195.00 6. Matt Horton Professional 1 $165.00 7. Amy Jackson Professional 1 $165.00 8. David Park Professional 1 $165.00 9. Mark Araujo Professional 1 $165.00 10. Brian Herting Professional 1 $165.00 11. Sr. Professional 3 $285.00 12. Sr. Professional 2 $230.00 13. Sr. Professional 1 $210.00 14. Professional 2 $195.00 15. Professional 1 $165.00 16. Analyst $135.00 17. Sr. Accountant $135.00 18. Support $105.00 SUB-CONSULTANTS NAME[FIRM TITLE HOURLY RATE 1. 2. 3. 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 PSA 19-590CA Client#· 25320 KIMLHORN ACORD"' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/0D/YYYY) 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 poHcles may require an endorsement. A statement on this certificate does not confer any rights to the certlflcatli holder In Hau of such endorsement(s). PROOUCER IOOlie:'"·' Jerry Noyola Grayling Ins. Brokerage/EPIC r,t18'1fo Extl: 770-552-4225 I (NC Nol: 866-550-4082 3780 Mansell Road, Suite 370 ~~ss: Jerry.noyola@greyllng.com Alpharetta, GA 30022 lNSURER/S) AFFORDING COVERAGE NAIC# INSURER A: Notional Union F"" in.. Co. 19445 INSURED INSURER B : Alptn Am•rfcan lnawuco Company 43460 Kimley-Horn and Associates, Inc. INSURER C : New Hampshire Ins, Co. 23841 421 Fayetteville Street, Suite 600 INSURER p: Uoyda ofLo-n 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 AfN 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 CONDITTONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE t:,",,OL SUBF POLICY NUMBER 1i:Wi18~ 11&Wil~ LIMITS LTR N R WVD A ~ COMMl!RCIAL GENERAL LIABILITY 5268169 !04101 /2018 04/01/201i EACH OCCURRENCE $1 000,000 1--D CIAIMSMAOE [!] OCCUR ~~~~J9,.~Jl.ncel s500 ooo ~ Contractual Llab. MED EXP (My one person) s25 000 I--PERSONAL & ADV INJURY s1,000 ooo GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000 000 R [!jPR~ [!]Loe s2 000,000 POLICY X JECT PRODUCTS• COMP/OP AGG OTHER: s A AUTOMOBILE LIABILITY 4489663 !04101/2018 04/01/201! COM1l1NEP SINGLE LIMI 1 I s1,000,000 fEaacclden!I 1--I ...! ANY AUTO BODILY INJURY (Per per,;on) $ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ ,..._ AUTOS ONLY I--AUTOS ~ HIRED X NOIII-OWNED PROPERlY DAMAGE $ AUTOS ONLY AUTOS ONLY lPer accident1 -$ B J UMBRELLA LIAB fX-ioccuR CX005FT18 04/01/2018 04/01/201! EACH OCCURRENCE s5.000 000 EXCl!SSUAB CLAIMS-MADE AGGREGATE s5000.000 / oeo I xi RETENnoN so $ C WORKERS COMPENSATION 015893685 (AOS) 04/01/2018 04/01/201!i x l~~n= I l~;i;tt- A AND EMPLOYERS' LIABILITY y / N 015893686 (CA) 04/01/2018 04/01/201S s1000000 ANY PROPRl~ARTNER/1:XECllTIVE~ E.L EACH ACCIDENT OFACER/MEM EXCLUDED? N N/A C (Mandatory In NH) 039326820 (ME) 04/01/2018 04/01/201S E.L DISEASE • EA EMPLOYEE s1 ooo ooo grs~~e:.WJ: 'g'iigPERATIONS below E.L. DISEASE• POLICY LIMIT s1000000 D Professlonal Llab P070831800 04/01/2018 04/01/20111 Per Claim $2,000,000 Aggregate $2,000,000 ✓ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, AddlUonal Remarks Schedule, may be atlached II mom •P••· Is required) Re: Agreement #TRAN1519 • Moblllty Plan Trolley Program Feasibility Study. The City of Carlsbad is named as an Additional Insured with respects to General Llabllity where required by written contract. Waiver of Subrogation Is applicable where required by written contract & allowed by law. Should any of the above described pollcles 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 Pollcles. 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 .c.,~~ © 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(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOH YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II • Who Is An Insured is amended to include as an additional insured the person(sl or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or ~personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insufed 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 04 13 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 is less. This endorsement shall . not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 C> 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 Person(sl Or Organlzatlon(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEHENT. WHOH YOU BECOttE 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 ls amended to include as an additional insured the person(sl or organizationrs) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage• caused, in whole or In part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional Insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2, If coverage provided to the additional insured is required by a contract or agree- 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 a1forded to tliese 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 applic11ble Limits of Insu- rance shown in the Declarations: whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown In the Oecla• 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 ft Is attached effective on the lncepUon date of the policy unless a different date Is Indicated below. (The folawlng •~ c:laus9" need be C0llpel8d only When this ~ Is Issued sut.quenl ta Pf91)1111111on of lhe pallcy). This endorsement, effective 12:01 AM fonns a part of PoRcy No Issued to Kl"LEY-HORN AND ASSOCIATES, INC, By NATIONAL UNION FIRE INSURANCE CONPANY 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 wllh whom you have a written contract that requires you to obtain this ag~ment from us, as-regards any work you perform for such person or organization. The addlllonal premium for this endorsement shall be 2.00 % cl the total eB1lmaled workere compensation premium for this pollcy. WC 04 03 81 (Ed, 11190) Countenslgned by ____________ -____ -~~-__ Authorized Representative