The URL can be used to link to this page

Home My WebLink About2010 CON Kimley-Horn & Associates - Engineering Services Safe Routes to School ProjectAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is entered into this 23rd day of November, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kimley-Horn and Associates, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Civil Engineering Services for the Coolidge Avenue Safe Routes to School Project. WHEREAS, the CITY has determined that the CONSULTANT is a Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will provide Civil Engineering services such as preparation of plans, specifications and estimates for construction, surveying, geotechnical, environmental, traffic, utility coordination and public outreach. The CONSULTANT will perform services as set forth in the attached Exhibit "A" for a not to exceed amount of $149,160.00. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Traffic Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Scott Colvin, P.E. thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and 2 City's Standard Agreement— June 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT(s) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 City's Standard Agreement —June 2008 revision 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 City's Standard Agreement — June 2008 revision The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 5 City's Standard Agreement — June 2008 revision F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 06 Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 City's Standard Agreement —June 2008 revision 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Maryam Babaki, P.E. Development Services Director / City Engineer Development Services Department, Engineering Divsion City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Scott Colvin, P.E. Project Manager Kimley-Horn and Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 7 City's Standard Agreement —June 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 City's Standard Agreement —June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF DI,pTIONAL CITY By: on Morrison, Mayor A'PROVED AS TO FORM: niff udia G. Sil City Attorney 9 KIMLEY-HORN AND ASS CIATES, INC. By: Matthew Barlow Vice P�sident Ivin, P.E. Assistant Secretary City's Standard Agreement —June 2008 revision EXHIBIT "A" Kimley-Horn and Associates, Inc October 26, 2010 Mr. Stephen Manganiello City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Re: Coolidge Avenue Safe Routes to School Project Dear Mr. Manganiello: Mr. Stephen Manganiello, October 26, 2010, 1 age I 4018 Street Suite 600 San Diego, California 92101 Kimley-Horn and Associates (" KHA" or "Consultant") is pleased to prepare this letter agreement to the City of National City ("City') for the proposed improvements for the Coolidge Avenue Safe Routes to School Project (-Project"). Project Understanding This project will fulfill both the City goals and the grant for the Coolidge Avenue Safe Routes to School project. Those goals are to enhance safety for the children/pedestrians, to enhance traffic safety, provide traffic calming, and enhance the visibility of the corridor. This project will provide a template for the City to use as it continues to enhance similar corridors throughout the City. Scope of Services Task 1 — Project Kick -Off Meeting Kimley-Horn will attend a kick-off meeting with the City to discuss the design concept and parameters, review project schedule, and review project budget. This meeting is intended to be a workshop format where the entire team will discuss project goals and objectives. Task 2 — Data Collection and Review Task 2.1— Data Collection and Project Set-up KHA will collect record information for the proposed work areas, to the extent readily available, from the City. Kimley-Horn will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, recently approved specific plan, redevelopment plans as well as back up information on the Coolidge Avenue Safe Routes to School project (including application). Deliverables: Site photos available upon request. TEL 619 234 9411 FAX 619 234 9433 Kimley-Horn and Associates, Inc M, Stephen Manganiel lo, October 26, 2010, Paget Task 2.2 — Obtain Utility Service Information Kimley-Horn will partner with PCG to obtain existing utility information. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. PCG shall provide professional dry utility system (gas, electric, telephone, cable television, fiber optic, and lighting) engineering, design, consulting, and coordination services, as described below. PCG's responsibilities includes: 1. analyzing and assessing existing dry utility conditions; 2. preparing plans and other documents required to assist the client and design team in understanding design and economic options; 3. preparing and submitting plans and other documents required by local utility companies; and assisting in design team with the preparation of project reports_ • Request and obtain local utility company's existing facility, as -built, and other records from each utility company that have facilities located within and adjacent to project site. • Review and analyze utility companies existing facility records and other documents to help identify existing facility locations and systems types that will be impacted by the project. • Perform site survey of project site to confirm information obtained from local utility company records and to accurately identify existing facility locations, sizes and systems types. • Prepare existing condition plan that accurately identify existing facility locations, sizes and systems types. • Prepare preliminary dry utility system plans that identify detail information related to the removal and/or relocation of existing dry utility systems impacted by proposed improvements. • Prepare plans, illustrations, exhibits, and other documents required to clarify dry utility design or economic issues. • Prepare budget estimates to identify probable utility construction and fee assessments related to utility system removal and/or relocation requirements. • Attend meetings and provide direct coordination services with design team, client, and utility companies. • Review final utility company designs Based on the project layout, Kimley-Horn and PCG will discuss potential conflicts (pre - pothole) and potential for undergrounding with the City and utility agencies. Deliverables: Copies of utility notification letters and any responses received (available upon request). Task 3 — Survey/Right-of-Way Kimley-Horn will consult with Aguirre & Associates (AA) who will perform GPS planning and perform a GPS control survey for the purpose of establishing horizontal control in terms of NAD 83 and vertical control in terms City datum at the project site. AA will research all available record survey maps within the vicinity of the project to calculate the relative record positions of corner monuments for the purpose of expediting the field reconnaissance task. Found monuments will be surveyed in terms of the established project control to resolve the centerlines of Coolidge Avenue and all intersecting streets within the project limits. A base right-of-way file will be prepared based on the centerline resolutions. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 3 AA will set and survey aerial mapping control and manage the delivery of aerial mapping of the project area at the requested scale and contour interval. The mapping deliverable will include a color orthophoto at .25 pixel resolution that will assist in the public outreach portion of this project. AA will perform design surveys including, but not limited to, cross sections, conform locations, existing driveways, utilities, drainage features, ground surface obscured to aerial photography and miscellaneous requests by the designer. All ground surface survey points will be provided to the photogrammetrist for the purpose of constraining the aerial mapping to the ground shots resulting in a higher level of mapping accuracy than the standard. All surveying will be performed in accordance with the Caltrans survey manual. Deliverables: 1 copy of basemap on 24"x36" — paper; 1 electronic copy of basemap files in AutoCAD format; 1 digital image; Task 4 — Geotechnical Analysis Kimley-Horn will consult with Ninyo & Moore, who will perform the geotechnical analysis consisting of the following: • Reviewing background information including available geotechnical reports, geologic maps, and aerial photographs. • Siting and staking of proposed exploratory locations for clearance of conflicts with existing utilities by Underground Service Alert. • Acquiring traffic control and encroachment permits from the City of National City (we anticipate that fees for such wilt be waived). • Coring the existing asphalt pavements prior to excavating, logging, and sampling four exploratory soil borings to depths of up to 15 feet below existing grade (or to refusal). • Collecting bulk and in -place samples of the encountered soils and transporting them to our in-house geotechnical laboratory for analysis. • Performing geotechnical laboratory testing on selected samples to evaluate soil parameters for design purposes. Our testing is anticipated to include in -situ moisture content and dry density, grain size analyses, R-value, and corrosivity (pH, electrical resistivity, sulfate content, and chlo-ride content). • Converting three of the soil borings for use in infiltration testing. The infiltration test procedure used will be in general conformance with County of San Diego guidelines for percolation testing. This is a two-day process and involves pre- soaking of the borings the first day and performing the test under saturated conditions on the second day. • Compiling and performing an engineering analysis of the data obtained from our background, field, and laboratory evaluations. Deliverables: A geotechnical design report to present our conclusions and to provide our geotechnical recommendations for site preparation, pavement and paver design, groundwater, soil corrosivity, and the infiltration capacity of site soils. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 4 Task 5 — Environmental Documentation (Preliminary Environmental Studies Form and Local Assistance Coordination) Task 5.1 — Preliminary Environmental Studies Form Kimley-Horn will conduct a Preliminary Environmental Study (PES) as required by Caltrans Local Assistance Procedures Manual (Environmental Procedures) for federally -funded projects located off the State Highway System (SITS). The PES form will outline the recommended environmental documentation, clearances, agency coordination and permits required for the project. It is assumed that no resource agency permitting will be required for the proposed project. As part of the work scope, Kimley-Horn will obtain an Environmental Database Report (EDR) for the proposed corridor and neighboring properties. The EDR will provide information on known hazardous materials users/locations within the study area. The findings will be summarized in the PES. Kimley-Horn will attend a field review of the project area with Caltrans and City of National City (City) staff during the preparation of the PES form. Based on review of the proposed project scope, no technical studies will be required. However, because the proposed project would involve minor changes to the visual element of the corridor, we recommend preparing a visual impact technical memorandum. The PES and visual memorandum will be adequate to support issuance of a Categorical Exemption under the California Environmental Quality Act (CEQA) and Categorical Exclusion under the National Environmental Policy Act (NEPA). Task 5.2 — Local Assistance Coordination Following the submittal of the draft PES form to District 11 Local Assistance, Kimley-Horn will coordinate with the City and Caltrans to respond to questions or comments on the draft PES. An effort of eight hours is assumed for this task. Task 5.3 — Visual Impact Technical Memorandum The Kimley-Horn team will review existing site conditions and prepare a visual impact technical memorandum for the proposed project. The memo will analyze the proposed project's impacts to visual resources in the context of the vividness, intactness, and unity views within the project corridor. Our team will perform a site visit to photograph the site, prepare one visual simulations. The visual analysis will also address potential lighting impacts to the project area. Kimley-Horn will respond to one round of review comments from Caltrans Local Assistance. Task 6 — Conceptual Design Development (30% Design) Task 6.1— 30% Design KHA will prepare a conceptual design layout showing proposed street design, drainage recommendations, and paving recommendations. Included in this submittal will be Low Impact Development (LID) solutions to accommodate drainage (i.e. permeable concrete, rain gardens, etc.).A typical section will also be prepared under this task. Kimley-Horn and Associates, Inc Mr. Stephen Manganicllo, October 26, 2010, Page 5 In addition to the concept drawing, KHA will prepare a traffic memorandum for the corridor. This memorandum will discuss the traffic volumes, stop control, and traffic calming throughout Coolidge Avenue and the intersecting streets. It is assumed the City will provide accident data and traffic counts. Task 6.2 — Opinion of Probable Construction Cost Kitnley-Horn will prepare a Preliminary Opinion of Probable Construction Cost for draft conceptual design development. The cost estimate will be presented as follows: • One overall cost estimate showing all of the potential items of work • A "menu" format that breaks down specific costs for items: Lighting, bulb -out, street trees, raised intersection, LID features The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs are based on the information known to Consultant at the tirne opinion is rendered and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. A working meeting is anticipated for this submittal with the City of National City. Deliverables: Concept plan (24"x36"), 1 electronic copy of opinion of construction cost (PDF format) Task 7 — 90% Plans, Specifications, and Estimate (PS&E) Task 7.1— 90% Design -Construction Drawings Based on the written comments provided by the City engineering staff, Kimley-Horn will revise the concept design development and prepare the 90% design level drawings. The 90% submittal will include the following: • Title Sheet/Vicinity Map • General Notes Sheet • Typical Sections: assume 1 sheet • Construction Details: assume 2 sheets • Drainage Details: assume 1 sheet • Demolition Plan: 1" = 20' scale, assume 3 sheets (showing saw cut lines, pavement removal, limits of grinding, minor utility adjustment) • Improvement Plan and Profile: 1" = 20' scale, assume 5 sheets (showing existing grade elevations, curb extensions, new ADA pedestrian ramps, drainage improvements, crosswalks, cross gutters, street improvements) • Drainage Details: assume 1 sheet • Erosion Control Plan: 1" = 20' scale, assume 3 sheets • Signing and Striping Plans: 1" = 40' scale, assume 3 sheets (showing existing and proposed traffic signs, pavement markings and lane dimensions) • Electrical Plans: 1"=40' scale, assume 3 sheets. This plan is assumed to show existing electrical facilities, proposed new conduits and service points locations to provide electical power to the proposed new lighting and irrigation system. The electrical plans will be prepared for Coolidge Avenue within the limits of the project. A coordination meeting will be required between the consultant, the City Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 5 In addition to the concept drawing, KHA will prepare a traffic memorandum for the corridor. This memorandum will discuss the traffic volumes, stop control, and traffic calming throughout Coolidge Avenue and the intersecting streets. It is assumed the City will provide accident data and traffic counts. Task 6.2 — Opinion of Probable Construction Cost Kimley-I-Iorn will prepare a Preliminary Opinion of Probable Construction Cost for draft conceptual design development. The cost estimate will be presented as follows: • One overall cost estimate showing all of the potential items of work • A "menu" format that breaks down specific costs for items: Lighting, bulb -out, street trees, raised intersection, LID features The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs are based on the information known to Consultant at the time opinion is rendered and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. A working meeting is anticipated for this submittal with the City of National City. Deliverables: Concept plan (24"x36"), 1 electronic copy of opinion of construction cost (PDF format) Task 7 — 90% Plans, Specifications, and Estimate (PS&E) Task 7.1— 90% Design -Construction Drawings Based on the written comments provided by the City engineering staff, Kimley-Horn will revise the concept design development and prepare the 90% design level drawings. The 90% submittal will include the following: • Title Sheet/Vicinity Map • General Notes Sheet • Typical Sections: assume 1 sheet • Construction Details: assume 2 sheets • Drainage Details: assume 1 sheet • Demolition Plan: 1" = 20' scale, assume 3 sheets (showing saw cut lines, pavement removal, limits of grinding, minor utility adjustment) • Improvement Plan and Profile: 1" = 20' scale, assume 5 sheets (showing existing grade elevations, curb extensions, new ADA pedestrian ramps, drainage improvements, crosswalks, cross gutters, street improvements) • Drainage Details: assume 1 sheet • Erosion Control Plan: 1" = 20' scale, assume 3 sheets • Signing and Striping Plans: 1" = 40' scale, assume 3 sheets (showing existing and proposed traffic signs, pavement markings and lane dimensions) • Electrical Plans: 1"=40' scale, assume 3 sheets. This plan is assumed to show existing electrical facilities, proposed new conduits and service points locations to provide electical power to the proposed new lighting and irrigation system. The electrical plans will be prepared for Coolidge Avenue within the limits of the project. A coordination meeting will be required between the consultant, the City Kimley-Horn and Associates, Inc Mr. Stephen Mangan iello, October 26, 2010, Page 6 and SDG&E to verify the location of the existing power sources within the limits of the project. • Streetscape Plan: 1" = 40' scale, assume 3 sheets (showing hardscape treatments and elements and proposed plant material) • Irrigation Plan: 1" = 40' scale, assume 3 sheets (showing irrigation techniques, irrigated areas, points of connection, pressure calculations and systems control) • Streetscape Details" assume 5 sheets (showing hardscape elements, planting details and master plant list, and irrigation details). Task 7.2 — Drainage Calculations KHA will perform hydraulic calculations and determine the required amount of runoff reduction, upon receipt of necessary data from the City. Calculations will be prepared as the basis of the BMP design for the proposed improvements and will be available upon request. It is assumed a formal drainage study and downstream hydraulic analysis are not required. Task 7.3 — Photometric Calculations KIlA will prepare a photometric calculation of the proposed lighting plan for Coolidge Avenue kvithill the limits of the project. The calculation will be done to assist with the appropiate placement, spacing and height of up to four (4) different lighting fixlures.The average, maximum and minimum footcandle measurements will be included in the photometrics calculation. The photometric calculation will then be evaluated and compared with the standard lighting levels per the IFS anchor City of National City requirements. Task 7.4 — Opinion of Probable Construction Cost Kimley-Horn will update the draft opinion of construction cost that will be required for the improvements. Task 7.5 — Technical Specifications We will prepare project technical specifications. The specifications will be prepared in the format of project -specific modifications, as appropriate by construction item, to the Specifications of the City of National City, the Standard Specifications for Public Works Construction (Greenbook-2009) and the Caltrans Standard Specifications. Deliverable: Four sets of 90% irnprovcment plans (24"x36"), an electronic copy of opinion of construction cost (PDF format), an electronic copy of the specifications (in MS Word format) for submittal to National City. Task 8 — Pre -Final PS&E Task 8.1— Pre -Final Design Based on the written comments provided by the City engineering staff, Kimley-Ilorn will revise the 90% PS&E and prepare the pre -final design level drawings. We will respond to consolidated comments from the City, and our scope only includes minor clarifications, no redesign. The following plans will be added to the drawings set for the pre -final submittal: Kimley-Horn and Associates. Inc Mr. Stephen Mangan iello, October 26, 2010, Page 7 Task 8.2 — Voltage Drop Calculations KHA will prepare a voltage drop calculation of the proposed landscape and irrigation plans prepared for Coolidge Avenue within the limits of the project. The calculation will be done to assist with the appropiatc sizing of electrical conductors. The voltage drop calculation will he completed for the pre -final and 100'% submittals only. The 90% submittal will only include electrical equipment and service point locations proposed under this project. Upon completion of the 90% level plans, a coordination meeting with the City of National City and SDG&E will be required to obtain power source locations._ Upon receiving this information from SDCr&F and/or the City of National City, KHA will complete the voltage drop calculations for the pre -final and l00% submittals. Task 8.3 — Opinion of Probable Construction Cost We will update the draft opinion of construction cost that will be required for the improvements. Task 8.4 — Technical Specifications Our team will update the technical specifications that will be required for the improvements. Deliverable: Four sets of pre -final improvement plans (24"x36"), an electronic copy of opinion of construction cost (PDF format), an electronic copy of the specifications (in MS Word format) for submittal to National City. Task 9 —100% Final PS&E (Mylar submittal) Task 9.1 — 100% Final PS&E Based on the written comments provided by the City engineering staff, KHA will prepare the final PS&E package including signed mylar plans opinion of construction cost, and the technical specifications. Task 9.2 — Opinion of Probable Construction Cost Kimley-Horn will update the draft opinion of construction cost that will be required for the improvements. Task 9.3 — Technical Specifications We will update the technical specifications that will be required for the improvements. Deliverables: Final PS&E package including 1 full size (24"x36") signed Mylars. Final opinion of construction cost and the technical specifications will also be included in the final package. Task 10 — Quality Control/Quality Assurance Kimley-Horn will perform on -going quality assurance/quality control (QC/QA) review of documents included in the tasks above. Quality control will be conducted by senior management involved with the project along with another senior individual within the company, not associated with the project. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 8 Task 11 — Project Coordination, Meetings, and Management Task 11.1— Project Coordination and Administration We will provide ongoing coordination with subconsultants, the City, Utility Agencies, Caltrans, MTS local business owners, and community throughout the duration of the project. In addition, a project schedule will be updated throughout the project. A total of 14 hours have been assumed for this task. Task 11.2 — Project Meetings We will attend meetings as identified herein. Meetings included in this scope of services are (all meetings include presentation materials and meeting notes): • Project meetings (5) • Site visits (2) Task 11.3 — Community Meetings Our team will attend three community meetings with this project. It is assumed that Kimley- Horn will prepare all documents and exhibits necessary for the meetings. These materials may include: area maps, site condition maps, previous concepts, refined schematic site plans, cross sections, computer models, visual simulations and visual preference sample boards. Community Meeting #1 This meeting is planned after the kick-off meeting with the City. At this meeting, we will present the project, funding, grant constraints, and proposed ideas. The goal of this meeting will be to define the typical section of Coolidge Avenue, location of bike lanes, sidewalk width, and parking. Community Meeting #2 This meeting is planned after the 30% concept meeting with the City. At this meeting, we will present the proposed concept. The materials will be focused on the visual aspects of the project (landscape and street furniture). The civil improvements (location of curb & gutter, sidewalk, etc.) will have little flexibility as the City will need to stay generally consistent with the approved grant. Community Meeting #3 (City Council Presentation) At this meeting, Kimley-Horn will present the overall design and landscape improvements to council for approval. This meeting is intended to be more of an "information meeting" to show the public how this project will improve the area. Deliverables: A typed summary for each meeting will be provided (electronically, in PDF format). Additional Services The following services are not included in the scope of services, but can be provided as additional services if authorized by you. If authorized, Kimley-Horn will submit a proposal for additional services based on a not -to -exceed fee using the same billing rates per the original agreement. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 9 • All work involving the acquisition or appraisal of right-of-way • Storm Water Pollution Prevention Plan (SWPPP) • Site monitoring or testing as may be required by the RWQCB — based on the risk level assessment performed for the site under previous tasks. KHA can act as the Qualified SWPPP Practitioner and perform these duties if requested by the City. • National Environmental Policy Act (NEPA) documentation • Preparation of technical reports or environmental documentation to Caltrans standards • Additional technical reports, such as: o Biological resources o Phase I Environmental Site Assessment • Construction Support • Record Drawings • Preparation of traffic control plans. It is assumed that these are not required for this project due to the lower average daily traffic volumes on Coolidge Avenue. • Pedestrian detour plan. Information Provided By Client We shall he entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by KHA during the project, this shall include: • Record drawings • Traffic counts for the corridor • Grant application for this Project • Accident data Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. Fee and Billing Consultant will perform the Scope of Services for a not -to -exceed fee of $149,160.00. All permitting, application, and similar project fees will be paid directly by the City as needed. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 30 days of the date of the invoice. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Scott W. Colvin, PE Asst. Secretary, Project Manager RCE #69464 P:\Marketing \I0-xxxs`National City Safc Routes To School Scope\Coolidge Ave Scope and Fee-Final.docx Kimley-Horn and Associates, Inc. Fee Estimate Summary City of National City Coolidge Avenue Safe Routes to School Project October 26, 2010 Task Summary Fee Summary Task 1 - Project Kick-off meeting $870.00 Task 2 - Data Collection and Review $1,660.00 Task 3 - Survey/Right-of-Way $750.00 Task 4 - Geotechnical Coordination $580.00 Task 5 - Environmental Documentation $6,810.00 Task 6 - Conceptual Design Development (30% Design) $6,925.00 Task 7 -90% Plans, Specifications, and Estimate (PS&E) $46,315.00 Task 8 -Pre-final PS&E $24,720.00 Task 9 -100% Final PS&E $5,415.00 Task 10 - Quality Control / Quality Assurance (Included in each task) $0.00 Task 11 - Project Coordination, Meetings, Management $6,850.00 Sub -Total $100,895.00 KHA Expenses $4,265.00 Subconsultants Alta Planning & Design $5,000.00 Ninyo & Moore $9,500.00 Aguirre & Associates $18,500.00 PCG Utility Consultants $7,000.00 Katz & Associates $4.000.00 Sub -Total $44,000.00 TOTAL $149,160.00 PP- ass Kimley-Horn -- �I and Associates, Inc. Fee Schedule City of National City Coolidge Avenue Safe Routes to School Project October 26, 2010 Kimley-Horn and Associates LABOR Classification Billing Rate Total Hours Cost Principal $ 215.00 23 $ 4,945.00 Senior Professional $ 165.00 46 $ 7,590.00 Professional $ 145.00 296 $ 42,920.00 Analyst $ 115.00 374 $ 43,010.00 DesignerlCADD $ 125.00 0 $ Project Admin $ 115.00 10 $ 1,150.00 Support Staff $ 80.00 16 $ 1,280.00 Subtotal 765 $ 100,895.00 EXPENSES Subtotal Subconsultants Cost $ 4,265.00 Alta Planning & Design Ninyo & Moore Aguirre & Associates PCG Utility Consultants Katz & Associates Subtotal $ 5,000.00 $ 9,500.00 $ 18,500.00 $ 7,000.00 $ 4,000.00 $ 44,000.00 TOTAL $ 149,160.00 Coolidge Avenue Safe Routes to School National City ID 1 2 3 5 9 12 14 16 24 32 41 Task Name Coolidge Avenue Sa fe Pouter to School Design Preparation Pr ojecl Notice-to-l'roceediCaltrans Cowl Assistance Preliminary Engineering Authorization Project Kick-Off/Site Walk Data Collection Survey and Mapping Geotechnical Investigation Environmental Documents Conceptual Design Development (30%Design) 90% Plans, Specifrcalions, and Estimate (1'S&E) Pre -Final PS&E Final PS&E Duration 177 days I day 1 day 11 days 13 days 15 days 20 days 37 days 60 days 40 day 20 days Start Mon 11/29/10 Mon I I/29/10 Tue 11/30/10 Wed 12/1/10 Wed 12/8/10 h1nn 1/10/11 Mon 12/27/10 Mon 12/27/10 Wed 2/16/11 Wed 5/11/11 Wed 7/6/11 Finish ,' Nov 28. Dec 19, Jan 9,' Jan 30, Feb20, Mar 13, Apr 3.' Apr 2J, May 15, Jun 5,' Jun 26, Jun 7,' TWT FSSMTWTFSSMTVVT FSSMTWTFSSMTWT F S Tue 9/2/11 V V Mon 11/29i10 0 Tue 11/30/10 09 Wed 12/15/10 9---9 Fri 12/24/10---".- Fri 1/20/1I V-- V Fri 1/21/11 V -iJ Toe 2/15/11 9---- -----.-----9 Tue 5/10/11 9- ---- Tue 7/5/11 G'-----------© Tue1/2/11 9--- iJ Task _. .. _.-_.- Progress Split Milestone p Summary Project Summary V C7 External Tasks Deadline External Milesldne Kinle y-Horn and Associates EXHIBIT "A" Kimley-Horn and Associates, Inc October 26, 2010 Mr. Stephen Manganiello City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Re: Coolidge Avenue Safe Routes to School Project Dear Mr. Manganiello: Mr. Stephen Manganiello, October 26, 2010, Page 1 401 B Sheet Suite 600 San Diego, California 92101 Kinney -I lorn and Associates ("Kiln" or "Consultant') is pleased to prepare this letter agreement to the City of National City ("City-) for the proposed improvements for the C'oolidec ;1s enue Safe Routes to School Project (`Project"). Project Understanding This project will fulfill both the City goals and the grant for the Coolidge Avenue Sate Routes to School project. Those goals are to enhance safety for the children/pedestrians, to enhance traffic safety, provide traffic calming, and enhance the visibility of the corridor. This project will provide a template for the City to use as it continues to enhance similar corridors throurrhoul the City. Scope of Services Task 1 — Project Kick -Off Meeting Kimley-Horn will attend a kick-off meeting with the City to discuss the design concept and parameters, review project schedule, and review project budget. This meeting is intended to be a workshop format where the entire team will discuss project goals and objectives. Task 2 — Data Collection and Review Task 2.1 — Data Collection and Project Set-up KHA will collect record information for the proposed work areas, to the extent readily available, from the City. Kirnley-Horn will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, recently approved specific plan, redevelopment plans as well as back up information on the Coolidge Avenue Safe Routes to School project (including application). Deliverables: Site photos available upon request. TEL 619 234 9411 FAX 619 234 9433 Kimiey-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 2 Task 2.2 — Obtain Utility Service Information Kimley-Horn will partner with PCG to obtain existing utility information. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. PCG shall provide professional dry utility system (gas, electric, telephone, cable television, fiber optic, and lighting) engineering, design, consulting, and coordination services, as described below. PCG's responsibilities includes: 1. analyzing and assessing existing dry utility conditions; 2. preparing plans and other documents required to assist the client and design team in understanding design and economic options; 3. preparing and submitting plans and other documents required by local utility companies; and assisting in design team with the preparation of project reports. • Request and obtain local utility company's existing facility, as -built, and other records from each utility company that have facilities located within and adjacent to project site. • Review and analyze utility companies existing facility records and other documents to help identify existing facility locations and systems types that will be impacted by the project. • Perform site survey of project site to confirm information obtained from local utility company records and to accurately identify existing facility locations, sizes and systems types. • Prepare existing condition plan that accurately identify existing facility locations, sizes and systems types. • Prepare preliminary dry utility system plans that identify detail information related to the removal and/or relocation of existing dry utility systems impacted by proposed improvements. • Prepare plans, illustrations, exhibits, and other documents required to clarify dry utility design or economic issues. • Prepare budget estimates to identify probable utility construction and fee assessments related to utility system removal and/or relocation requirements. • Attend meetings and provide direct coordination services with design team, client, and utility companies. • Review final utility company designs Based on the project layout, Kimley-Horn and PCG will discuss potential conflicts (pre - pothole) and potential for undergrounding with the City and utility agencies. Deliverables: Copies of utility notification letters and any responses received (available upon request). Task 3 — Survey/Right-of-Way Kirnley-Horn will consult with Aguirre & Associates (AA) who will perform GPS planning and perform a GPS control survey for the purpose of establishing horizontal control in terms of NAD 83 and vertical control in terms City datum at the project site. AA will research all available record survey maps within the vicinity of the project to calculate the relative record positions of corner monuments for the purpose of expediting the field reconnaissance task. Found monuments will be surveyed in terms of the established project control to resolve the centerlines of Coolidge Avenue and all intersecting streets within the project limits. A base right-of-way file will be prepared based on the centerline resolutions. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010, Page 3 AA will set and survey aerial mapping control and manage the delivery of aerial mapping of the project area at the requested scale and contour interval. The mapping deliverable will include a color orthophoto at .25 pixel resolution that will assist in the public outreach portion of this project. AA will perform design surveys including, but not limited to, cross sections, conform locations, existing driveways, utilities, drainage features, ground surface obscured to aerial photography and miscellaneous requests by the designer. All ground surface survey points will be provided to the photogrammetrist for the purpose of constraining the aerial mapping to the ground shots resulting in a higher level of mapping accuracy than the standard. All surveying will be performed in accordance with the Caltrans survey manual. Deliverables: 1 copy of basemap on 24"x36" — paper; 1 electronic copy of basemap files in AutoCAD format; 1 digital image; Task 4 — Geotechnical Analysis Kimley-Horn will consult with Ninyo & Moore, who will perform the geotechnical analysis consisting of the following: • Reviewing background information including available geotechnical reports, geologic maps, and aerial photographs. • Siting and staking of proposed exploratory locations for clearance of conflicts with existing utilities by Underground Service Alert. • Acquiring traffic control and encroachment permits from the City of National City (we anticipate that fees for such will be waived). • Coring the existing asphalt pavements prior to excavating, logging, and sampling four exploratory soil borings to depths of up to 15 feet below existing grade (or to refusal). • Collecting bulk and in -place samples of the encountered soils and transporting them to our in-house geotechnical laboratory for analysis. • Performing geotechnical laboratory testing on selected samples to evaluate soil parameters for design purposes. Our testing is anticipated to include in -situ moisture content and dry density, grain size analyses, R-value, and corrosivity (pH, electrical resistivity, sulfate content, and chlo-ride content). • Converting three of the soil borings for use in infiltration testing. The infiltration test procedure used will be in general conformance with County of San Diego guidelines for percolation testing. This is a two-day process and involves pre- soaking of the borings the first day and performing the test under saturated conditions on the second day. • Compiling and performing an engineering analysis of the data obtained from our background, field, and laboratory evaluations. Deliverables: A geotechnical design report to present our conclusions and to provide our geotechnical recommendations for site preparation, pavement and paver design, groundwater, soil corrosivity, and the infiltration capacity of site soils. Kimley-Horn and Associates, Inc Mr. Stephen Manganicllo, October 26, 2010, Page 4 Task 5 — Environmental Documentation (Preliminary Environmental Studies Form and Local Assistance Coordination) Task 5.1 — Preliminary Environmental Studies Form Kimley-Horn will conduct a Preliminary Environmental Study (PES) as required by Caltrans Local Assistance Procedures Manual (Environmental Procedures) for federally -funded projects located off the State Highway System (SHS). The PES form will outline the recommended environmental documentation, clearances, agency coordination and permits required for the project. It is assumed that no resource agency permitting will be required for the proposed project. As part of the work scope, Kimlcy-Horn will obtain an Environmental Database Report (EDR) for the proposed corridor and neighboring properties. The EDR will provide information on known hazardous materials users/locations within the study area. The findings will be summarized in the PES. Kimley-Horn will attend a field review of the project area with Caltrans and City of National City (City) staff during the preparation of the PES form. Based on review of the proposed project scope, no technical studies will be required. However, because the proposed project would involve minor changes to the visual element of the corridor, we recommend preparing a visual impact technical memorandum. The PES and visual memorandum will be adequate to support issuance of a Categorical Exemption under the California Environmental Quality Act (CEQA) and Categorical Exclusion under the National Environmental Policy Act (NEPA). Task 5.2 — Local Assistance Coordination Following the submittal of the draft PES form to District 11 Local Assistance, Kimley-Horn will coordinate with the City and Caltrans to respond to questions or comments on the draft PES. An effort of eight hours is assumed for this task. Task 5.3 — Visual Impact Technical Memorandum The Kimley-Horn team will review existing site conditions and prepare a visual impact technical memorandum for the proposed project. The memo will analyze the proposed project's impacts to visual resources in the context of the vividness, intactness, and unity views within the project corridor. Our team will perform a site visit to photograph the site, prepare one visual simulations. The visual analysis will also address potential lighting impacts to the project area. Kirnley-Horn will respond to one round of review comments from Caltrans Local Assistance. Task 6 — Conceptual Design Development (30% Design) Task 6.1— 30% Design KHA will prepare a conceptual design layout showing proposed street design, drainage recommendations, and paving recommendations. included in this submittal will be Low Impact Development (LID) solutions to accommodate drainage (i.e. permeable concrete, rain gardens, etc.).A typical section will also be prepared under this task. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010. Page 5 In addition to the concept drawing, KHA will prepare a traffic memorandum for the corridor. This memorandum will discuss the traffic volumes, stop control, and traffic calming throughout Coolidge Avenue and the intersecting streets. It is assumed the City will provide accident data and traffic counts. Task 6.2 — Opinion of Probable Construction Cost Kimley-Horn will prepare a Preliminary Opinion of Probable Construction Cost for draft conceptual design development. The cost estimate will be presented as follows: • One overall cost estimate showing all of the potential items of work • A "menu" format that breaks down specific costs for items: Lighting, bulb -out, street trees, raised intersection, LID features The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs are based on the information known to Consultant at the time opinion is rendered and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. A working meeting is anticipated for this submittal with the City of National City. Deliverables: Concept plan (24"x36"), 1 electronic copy of opinion of construction cost (PDF format) Task 7 — 90% Plans, Specifications, and Estimate (PS&E) Task 7.1— 90% Design -Construction Drawings Based on the written comments provided by the City engineering staff, Kimley-Horn will revise the concept design development and prepare the 90% design level drawings. The 90% submittal will include the following: • Title Sheet/Vicinity Map • General Notes Sheet • Typical Sections: assume 1 sheet • Construction Details: assume 2 sheets • Drainage Details: assume 1 sheet • Demolition Plan: 1" = 20' scale, assume 3 sheets (showing saw cut lines, pavement removal, limits of grinding, minor utility adjustment) • Improvement Plan and Profile: 1" = 20' scale, assume 5 sheets (showing existing grade elevations, curb extensions, new ADA pedestrian ramps, drainage improvements, crosswalks, cross gutters, street improvements) • Drainage Details: assume 1 sheet • Erosion Control Plan: 1" = 20' scale, assume 3 sheets • Signing and Striping Plans: 1" = 40' scale, assume 3 sheets (showing existing and proposed traffic signs, pavement markings and lane dimensions) • Electrical Plans: 1"=40' scale, assume 3 sheets. This plan is assumed to show existing electrical facilities, proposed new conduits and service points locations to provide electical power to the proposed new lighting and irrigation system. The electrical plans will be prepared for Coolidge Avenue within the limits of the project. A coordination meeting will be required between the consultant, the City Kimley-Horn and Associates, Inc Mr. Stephen Manguniello, October 26, 2010, Page 6 and SDG&E to verify the location of the existing power sources within the limits of the project. • Streetscape Plan: 1"= 40' scale, assume 3 sheets (showing hardscape treatments and elements and proposed plant material) • Irrigation Plan: 1" = 40' scale, assume 3 sheets (showing irrigation techniques, irrigated areas, points of connection, pressure calculations and systems control) • Streetscape Details" assume 5 sheets (showing hardscape elements, planting details and master plant list, and irrigation details). Task 7.2 — Drainage Calculations KHA will perform hydraulic calculations and determine the required amount of runoff reduction, upon receipt of necessary data from the City. Calculations will be prepared as the basis of the BMP design for the proposed improvements and will be available upon request. It is assumed a formal drainage study and downstream hydraulic analysis are not required. Task 7.3 — Photometric Calculations KIIA will prepare a photometric calculation of the proposed lighting plan for Coolidge Avenue within the limits of the project. The calculation will he done to assist with the appropiate placement, spacing and height of up to four (4) different lighting Fixtures. Hie average, maximum and minimum footcandle measurements will he included in the pholoinctrics calculation. The photometric calculation will then he evaluated and compared with the standard lighting levels per the [ES and/or City of National City requirements. Task 7.4 — Opinion of Probable Construction Cost Kimley-Horn will update the draft opinion of construction cost that will be required for the improvements. Task 7.5 — Technical Specifications We will prepare project technical specifications. The specifications will be prepared in the format of project -specific modifications, as appropriate by construction item, to the Specifications of the City of National City, the Standard Specifications for Public Works Construction (Greenbook-2009) and the Caltrans Standard Specifications. Deliverable: Four sets of 90% improvement plans (24"x36"), an electronic copy of opinion of construction cost (PDF formal), an electronic copy of the specifications (in MS Word format) for submittal to National City. Task 8 — Pre -Final PS&E Task 8.1— Pre -Final Design Based on the written comments provided by the City engineering staff. Kimley-Horn will revise the 90% PS&E and prepare the pre -final design level drawings. We will respond to consolidated comments from the City, and our scope only includes minor clarifications, no redesign. The following plans will be added to the drawings set for the pre -final submittal: Kimley-Horn and Associates, Inc Mr. Stephen Manganicllo, October 26, 2010, Page 7 Task 8.2 — Voltage Drop Calculations KI IA will prepare a voltage drop calculation of the proposed landscape and irrigation plans prepared for Coolidge Avenue within the limits of the project. The calculation will be done to assist with the appropiatc sizing of electrical conductors. 'The voltage drop calculation will he completed for the pre-Iinal and 100°% submittals only. The 90'Yo submittal will only include electrical equipment and service point locations proposed under this project. Upon completion of the 909/, level plans, a coordination meeting with the City of National City and SI)(i&I. will be required to obtain power source locations_. Upon receiving this information from SDG&E and/or the City of National City, KHA will complete the voltage drop calculations for the pre -final and 100% submittals. Task 8.3 — Opinion of Probable Construction Cost We will update the draft opinion of construction cost that will be required for the improvements. Task 8.4 — Technical Specifications Our team will update the technical specifications that will be required for the improvements. Deliverable: Four sets of pre -final improvement plans (24"x36"), an electronic copy of opinion of construction cost (PDF format), an electronic copy of the specifications (in MS Word format) for submittal to National City. Task 9 — 100% Final PS&E (Mylar submittal) Task 9.1 — 100% Final PS&E Based on the written comments provided by the City engineering staff, KHA will prepare the final PS&E package including signed mylar plans opinion of construction cost, and the technical specifications. Task 9.2 — Opinion of Probable Construction Cost Kimley-Horn will update the draft opinion of construction cost that will be required for the improvements. Task 9.3 — Technical Specifications We will update the technical specifications that will be required for the improvements. Deliverables: Final PS&E package including 1 full size (24"x36") signed Mylars. Final opinion of construction cost and the technical specifications will also be included in the final package. Task 10 — Quality Control/Quality Assurance Kimley-Horn will perform on -going quality assurance/quality control (QC/QA) review of documents included in the tasks above. Quality control will be conducted by senior management involved with the project along with another senior individual within the company, not associated with the project. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello. October 26, 2010, Page 8 Task 11 — Project Coordination, Meetings, and Management Tusk 11.1— Project Coordination and Administration We will provide ongoing coordination with subconsultants, the City, Utility Agencies, Caltrans, MTS local business owners, and community throughout the duration of the project. In addition, a project schedule will be updated throughout the project. A total of 14 hours have been assumed for this task. Task 11.2 — Project Meetings We will attend meetings as identified herein. Meetings included in this scope of services are (all meetings include presentation materials and meeting notes): • Project meetings (5) • Site visits (2) Task 11.3 — Community Meetings Our team will attend three community meetings with this project. It is assumed that Kimley- Horn will prepare all documents and exhibits necessary for the meetings. These materials may include: area maps, site condition maps, previous concepts, refined schematic site plans, cross sections, computer models, visual simulations and visual preference sample boards. Community Meeting #1 This meeting is planned after the kick-off meeting with the City. At this meeting, we will present the project, funding, grant constraints, and proposed ideas. The goal of this meeting will be to define the typical section of Coolidge Avenue, location of bike lanes, sidewalk width, and parking. Community Meeting #2 This meeting is planned after the 30% concept meeting with the City. At this meeting, we will present the proposed concept. The materials will be focused on the visual aspects of the project (landscape and street furniture). The civil improvements (location of curb & gutter, sidewalk, etc.) will have little flexibility as the City will need to stay generally consistent with the approved grant. Community Meeting #3 (City Council Presentation) At this meeting, Kimley-Horn will present the overall design and landscape improvements to council for approval. This meeting is intended to be more of an "information meeting" to show the public how this project will improve the area. Deliverables: A typed summary for each meeting will be provided (electronically, in PDF format). Additional Services The following services are not included in the scope of services, but can be provided as additional services if authorized by you. If authorized, Kimlcy-Horn will submit a proposal for additional services based on a not -to -exceed fee using the same billing rates per the original agreement. Kimley-Horn and Associates, Inc Mr. Stephen Manganiello, October 26, 2010. Page 9 • AU work involving the acquisition or appraisal of right-of-way • Storm Water Pollution Prevention Plan (SWPPP) • Site monitoring or testing as may be required by the RWQCB — based on the risk level assessment performed for the site under previous tasks. KHA can act as the Qualified SWPPP Practitioner and perform these duties if requested by the City. • National Environmental Policy Act (NEPA) documentation • Preparation of technical reports or environmental documentation to Caltrans standards • Additional technical reports, such as: o Biological resources o Phase I Environmental Site Assessment • Construction Support • Record Drawings • Preparation of traffic control plans. It is assumed that these are not required for this project due to the lower average daily traffic volumes on Coolidge Avenue. • Pedestrian detour plan. Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by KHA during the project, this shall include: • Record drawings • Traffic counts for the corridor • Grant application for this Project • Accident data Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. Fee and Billing Consultant will perform the Scope of Services for a not -to -exceed fee of $149,160.00. All permitting, application, and similar project fees will be paid directly by the City as needed. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will he due within 30 days of the date of the invoice. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Scott W. Colvin, PE Asst. Secretary, Project Manager RCE ;#69464 P:AMarketing \10-xxxs\National City Safe Routes To School\ScopcvCoolidge Ave Scope and Fee-FinaLdoes Kimley-Horn and Associates, Inc. Fee Estimate Summary City of National City Coolidge Avenue Safe Routes to School Project October 26, 2010 Task Summary Fee Summary Task 1 - Project Kick-off meeting $870.00 Task 2 - Data Collection and Review $1,660.00 Task 3 - Survey/Right-of-Way $750.00 Task 4 - Geotechnical Coordination $580.00 Task 5 - Environmental Documentation $6,810.00 Task 6 - Conceptual Design Development (30% Design) $6,925.00 Task 7 -90% Plans, Specifications, and Estimate (PS&E) S46,315.00 Task 8 -Pre-final PS&E $24,720.00 Task 9 -100% Final PS&E $5,415.00 Task 10 - Quality Control / Quality Assurance (Included in each task) $0.00 Task 11 - Project Coordination, Meetings, Management $6,850.00 Sub -Total $100,895.00 KHA Expenses $4,265.00 Subconsultants Alta Planning & Design $5,000.00 Ninyo & Moore $9,500.00 Aguirre & Associates $18,500.00 PCG Utility Consultants $7,000.00 Katz & Associates $4,000.00 Sub -Total $44,000.00 TOTAL $149,160.00 Kimley-Horn and Associates, Inc. Fee Schedule City of National City Coolidge Avenue Safe Routes to Schoo/ Project October 26, 2010 Kimley-Horn and Associates LABOR Classification Billing Rate Total Hours Cost Principal $ 215.00 23 $ 4,945.00 Senior Professional $ 165.00 46 $ 7,590.00 Professional $ 145.00 296 $ 42,920.00 Analyst $ 115.00 374 $ 43,010.00 Designer/CADD $ 125.00 0 $ Project Admin $ 115.00 10 $ 1,150.00 Support Staff $ 80.00 16 $ 1,280.00 Subtotal 765 $ 100,895.00 EXPENSES Subtotal Subconsultants Cost $ 4,265.00 Alta Planning & Design Ninyo & Moore Aguirre & Associates PCG Utility Consultants Katz & Associates Subtotal $ 5,000.00 $ 9,500.00 $ 18,500.00 $ 7,000.00 $ 4,000.00 $ 44,000.00 TOTAL S 149,160.00 Coolidge Avenue Safe Routes to School National City ID 1 2 3 5 9 12 14 15 24 32 41 Task Name Coolidge Avenue Safe Routes to School Design Preparation Project Netice-to-Proceed/Caltmn s Local Assistance Preliminary Engineering .Authorizanon Project Kick-Off/Site Walk Data Collection Survey and Mapping Geotechnical Investigation Environmental Documents Conceptual Design Development (30%Design) 90%Plans, Specifications, and Estimate (PS&E) Pre -Final PS&E Final PS&E Duration Start 177 days Mon 11/29/111 1 day Mon I1/29'10 1 day Tue 11/30/10 11 days Wed 12/1110 13 days Wed 12/8110 15 days Mon I/10111 20 days Mon 12/27/10 37 days Mon 12/27/10 60 days Wed 2/16/11 40 days Wed 5/11/11 20 days Wed 7/6./11 Finish 7,' Nov28, Dec 19, Jan 9.' Jan 30. Feb20. Mar 13. Apr 3.' Apr 24. May 15, Jun 5,' TWT F S SMTDIT FSSMTWTFSSMTVJT ESS M Jr 25, Jul 17,' T W T F S Toe 8/2/11 V Mon 11/29/10 O Toe 11/30/10 V Wed 12/15/10 a'--0 C C `. V - - - — V Fri 12/24/10 V V Fri 1/28/11 V J Fri 1/21/11 V Tue 2/15/11 O Tue 5/10/11 Tue 7/5/11 Tue 8R/11 Deadline bask __--. . _.._ Prooress Spilt Milestone O Summary V Project Summary V External Tasks External Milestone Kinloy-Horn and Associates ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 8/11/2010 PRODUCER (770)552-4225 FAX: Ames and Gough 450 Northridge Parkway Suite 102 Atlanta GA 30350 INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Lexington Insurance Company INSURER B: INSURER C. INSURER D: INSURER E. NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BELOW ANY REQUIREMENT. TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN MAY INSR IADDIL LTR INSRD TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of€UCH HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY POLICY NUMBER DATE (MM/DD/YYYY) DATE (MMIDDIYYY EXPIRATION 1 I LIMITS '' GENERAL 1 11 GEN'L LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR AGGREGATE LIMIT APPLIES PER:, PRO- I I POLICY I I JECT I LOC ! EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL A ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO '. I i $ i $ I $ $ 8 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS 'I. SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS _ I '.. I I COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ I GARAGE LIABILITY ANY AUTO I I AUTO ONLY - EA ACCIDENT 'i_$ EA ACC $ OTHER THAN AUTO ONLY. AGG $ EXCESSI UMBRELLA LIABILITY OCCUR 1 CLAIMS MADE I DEDUCTIBLE 1 ' RETENTION $ 11, ', EACH OCCURRENCE $ AGGREGATE �-_ $ I 5 _ I S WORKERSCOMPENSATION i AND EMPLOYERS' LIABILITY Y 1 N i ANY PROPRIETOR/PARTNER/'EXECUTIVE 1 OFFICER!MEMBER EXCLUDED? •, (Mandatory in NH) I If yes, describe under I SPECIAL PROVISIONS below �'. I I OHY L M111T5_!_ _. OCR E.L. EACH ACCIDENT I $ E L. DISEASE EA EMPLOYEE $ E L. DISEASE - POLICY LIMIT $ A '1OTHERProfesSional '19273592 '12/9/2009 12/9/2010 Liability I Per Claim Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: All City of National City Projects CERTIFICATE HOLDER CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL C ( (MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IX x'XMCIO( )4X4E00xc)biid4JiAia4XBXXX*J04, MM06XXXXIVaR?CXVAKX.GA AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD 25 (2009/01) INS025 (20090I) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) INS025 (200901 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/11/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ames and Gough 450 Northridge Parkway Suite 102 Atlanta GA 30350 INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 CONTACT NAME: Matias Ormaza PHONE (770)552-4225 N (A/C o ) ADDRESS.mo rmaza@amesgough.com PRODUCER 00001398 CUSTOMER io_t_ FAX (A/C, No]_ INSURER(S) AFFORDING COVERAGE INsuRERA:Travelers Indemnity Co. of CT INSURERS Travelers Indemnity Comp.annny INSURER Travelers Property Casualty Co. INSURER D Phoenix Insurance Company INSURER E:Travelers Casualty & Surety Co. INSURER F : NAIC COVERAGES CERTIFICATE NUMBER:09-10 (Kimley Mindy) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE( INSR SUBR WVD POLICY NUMBER OYEFF POLICY ril POLICY EXP ( POLICY EYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X APPLIES OCCUR PER: X LOC -630-315X3476-TCT-09 9/1/2009 9/1/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PAEMISES (ER occurrence) $ 500,000 f CLAIMS -MADE h1EDEXP(Any one person) $ 5,000 GENII_ AGGREGATE LIMI1 POLICY X PRO JECT PERSONAL E ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 $ $ AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS P-810-171L6115-IND-09 9/1/2009 9/1/2010 COMBINED SINGLE LIMIT (La accident) 1,000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Underinsured motorist BI split $ Uninsured molorisl property EACH OCCURRENCE $ $ 5,000,000 1 $ 5,000,000 C X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE PSM-CUP-171L6115-TIL-9 9/1/2009 9/1/2010 AGGREGATE X D DEDUCTIBLE RETENTION S 10,000 $ $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORfPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? L i (Mandatory In NH) II yes, describe under UESCRIPI ION OF OPERATIONS below N/A pVYCNUB-836G878-3-08 AOS 9/1/2009 PACRUB-862K398-1-09 (CA) 9/1/2009 9/1/2010 9/1/2010 WCSTATU- 'OTH- X ' TORY LIMITS i ER E L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE 8 500,000 E L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD tot, Additional Remarks Schedule. if more space is required) Re: All City of National City Projects The City of National City, its elected officials, officers & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability. CERTIFICATE HOLDER CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD 25 (2009/09) INS025 (200909) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION I1 — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D4 14 04 08 plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence or an offense which may result in a claim. To the extent possible, such notice should include: © 2008 The Travelers Companies, Inc. Page 1 of 2 U 005459 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 .© 2008 The Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL AUTO POLICY NUMBER: p-810-171L6115-IND-09 ISSUE DATE: 09-11-09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Insurance Company: TRAVELERS INDEMNITY COMPANY Policy Number: p-810-171L6115-IND-09 Effective Date: 09-01-09 Expiration Date: 09-01-10 Named insured: KIMLEY - HORN AND ASSOCIATES, INC. & AS PER IL T8 00 Address: P.O. BOX 33068 RALEIGH NC 27636 Additional Insured (Lessor): Address: Designation or Description of Leased "Autos": ANY "AUTO" LEASED FOR A PERIOD OF SIX MONTHS OR MORE UNDER A LEASING CONTRACT OR AGREEMENT THAT REQUIRES YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THE LESSOR. Coverages Liability Comprehensive Collision Specified Causes Of Loss $ 1,000,000 Limit Of Insurance Each "Accident" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ SEE ILT825 Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ SEE ILT825 Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 01 03 06 © ISO Properties, Inc., 2005 Page 1 o;' 2 COMMERCIAL AUTO A. Coverage 1. Any leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, Who Is An Insured is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operat- ing a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorse- ment apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". Page 2 of 2 2. The insurance covers the interest of the les- sor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancella- tion Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. © ISO Properties, Inc., 2005 CA 20 01 03 06 RESOLUTION 2010 — 263 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE NOT TO EXCEED AMOUNT OF $149,160 TO PROVIDE CIVIL ENGINEERING SERVICES FOR CONSTRUCTION OF NATIONAL CITY'S SAFE ROUTES TO SCHOOL PROJECT FOR COOLIDGE AVENUE FROM EAST 12TH STREET TO EAST 18TH STREET WHEREAS, the City desires to employ an civil engineering firm to provide civil engineering services for construction of National City's Safe Routes to School Project for Coolidge Avenue from East 12th Street to East 18th Street; and WHEREAS, it has been determined that Kimley-Horn and Associates, Inc., is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services for the not -to -exceed amount of $149,160. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Kimley-Hom and Associates, Inc., for the not -to -exceed amount of $149,160 to provide civil engineering services for construction of National City's Safe Routes to School Project for Coolidge Avenue from East 12th Street to East 18th Street. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 23rd day of November 10. Ron Morrison, Mayor ATTEST: Mictfael R. Della, City Clerk PROVFORM: u. is G. Silv City Attorn Passed and adopted by the Council of the City of National City, California, on November 23, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI rk of the City of/National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-263 of the City of National City, California, passed and adopted by the Council of said City on November 23, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ca010-cba --EETING DATE: November 23, 2010 AGENDA ITEM NO. 43 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Kimley-Horn and Associates, Inc. for a not to exceed amount of $149,160 to provide Civil Engineering g services for construction of National City's Safe Routes to School Project for Coolidge Avenue from E. 12 Street to E. 18th Street, facilitated by a Federal $730,000 SRTS grant ($149,160 funded by City General Fund)) PREPARED BY: Stephen Manganiello, Traffic Engineer DEPARTMENT: PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APP VED: A0 Finance APP VED: �`�` MIS Funds are available in Account Number 001-409-500-598-6173 in the amount of $149,160. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A LTTACHMENTS: 1. Explanation 2 Agreement 3. Resolution e.Esovjkoa vso aoko -'a. 6 3 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax December 1, 2010 Mr. Scott Colvin Kimley-Horn and Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 Dear Mr. Colvin, On November 23rd, 2010, Resolution No. 2010-263 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Kimley-Horn & Associates, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, e .44 Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.