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Home My WebLink About09-20-2016 Item 07 Contract with Kimley-Horn & Associates for Purchase of Park+Program (Parking Demand Modeling Platform) Meeting Date: 9/20/2016 FROM: Daryl Grigsby, Director of Public Works Prepared By: Scott Lee, Parking Services Manager Timothy Scott Bochum, Deputy Director of Public Works SUBJECT: CONTRACT WITH KIMLEY-HORN AND ASSOCIATES FOR PURCHASE OF PARK+ PROGRAM (A PARKING DEMAND MODELING PLATFORM) RECOMMENDATION Authorize the City Manager to finalize and execute a Contract with Kimley-Horn and Associates for the purchase of the Park+ Program for Parking Supply and Demand Modeling not to exceed $100,000. DISCUSSION This item was continued at the request of City Staff at the September 6, 2016 City Council meeting to the September 20, 2016 meeting. This staff report provides all of the information included in September 6, 2016 staff report and now includes the proposed scope of work with Kimley Horn and Associates. The City has recognized the need to evaluate the existing and future parking demands in the area east of Santa Rosa Street up to California Boulevard bounded by Palm and Marsh Streets. New development and redevelopment options in the area of Monterey Street and Santa Rosa Street, including possible mixed use and public/private partnerships, have recently been considered by Council. Presently, the City lacks the ability, from both the personnel and technology perspectives, to adequately analyze the parking implications of these proposals in real-time using the latest technology available. The City studied the expansion of the parking in-lieu fee program in 2002 but Council did not pursue implementation at that time. The Land Use Element of the General Plan, updated in 2014, states that the City shall investigate the addition of the area described above into the existing parking in-lieu fee program. The intent is to incorporate the analysis of expanding the parking in-lieu fee program into the demand modeling process and develop a recommendation for Council. Additionally, the City is in the process of revising the Physical Downtown Concept Plan. This includes a potential expansion of the downtown commercial zone east of Santa Rosa Street. The modeling software will be able to provide parking demand scenarios based on the conversion of these land uses. On June 14, 2016, The Council allocated $100,000 in funds for the start of this project and instructed the Parking Services Division to evaluate the options available. Investigation of the software programs available show that only one vendor has a product that is an interactive parking scenario planning model integrated with ArcGIS. This product can evaluate existing parking supply and demands, identify and test new development and parking facilities, and apply parking management strategies. In the past, the City has contracted with other consulting firms to 7 Packet Pg. 55 analyze existing and future parking demands. However, the lack of a dynamic modeling system means that these analyses only provide a snapshot in time of the demand as opposed to a system that can be updated in real-time by City staff. Kimley-Horn’s Park+ model enables users to analyze the impacts of parking demand for an endless array of municipal scenarios. Planners, engineers, managers, administrators, and developers can all benefit from introducing the Park+ model into the City parking system, as it offers the tools to identify and manage parking demand within any area. Staff has investigated the market regarding parking forecasting tools that currently available. The Park+ model is the only current product in use that is GIS based and can provide the dynamic analysis the City needs for a supply and demand parking model and a pricing based analysis tool. Section 295 of the City’s Financial Management Manual includes the following regarding use of directly negotiated Consultant Services: 4. If it is determined that it is in the best interest of the City for servic es to be provided by a specific consultant—with contract terms, workscope and compensation to be determined based on direct negotiations—contract award will be made by the Council. Based upon available tools, staff has concluded that it is in the best interest of the City to use the Park+ software and Kimley Horn to develop the software model for the parking demand and supply of the City. FISCAL IMPACT On June 14, 2016, as part of the Financial Plan Supplement, the Council allocated $100,000 in funds for the start of this project and instructed the Parking Services Division to evaluate the options available. Kimley-Horn and Associates has a solid understanding of the required work, extensive experience providing similar services and the proven capability to develop innovative solutions on-time and within budget. The scope of work to complete the project as well as additional design services which is estimated at $100,000. The amount of funds allocated by the Council is expected to be sufficient for the purchase and implementation of the Park+ program. Additional funds may be required should the data collection requirements require the use of additional outside resources. Fee Proposal Summary Parking Demand Modeling System Budget Kimley-Horn Park + Model 99,350$ Contract Award 99,350$ Contingency 650$ Total 100,000$ 7 Packet Pg. 56 ALTERNATIVES 1. The Council could choose to add or modify the scope of the proposed project or add additional items to be considered as part of project. Staff does not recommend this alternative since changes to the scope may result in a modification to the contract cost and could delay the start of the engagement. 2. Deny the request to contract with Kimley-Horn and Associates and direct staff to issue a Request for Proposals. Staff does not recommend this alternative given the immediate need to analyze the parking demands east of Santa Rosa Street. In addition, review of other available “off the shelf” parking tools do not have the GIS based capabilities that the Park+ software currently possesses. Attachments: a - Kimley Horn Contract Agreement b - Final SOW Kimley Horn v2 7 Packet Pg. 57 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on September 20th, 2016, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Kimley- Horn and Associates, Inc., hereinafter referred to as Consultant. W I T N E S S E T H WHEREAS, Section 295 of the City’s Financial Management Manual includes the following regarding use of directly negotiated Consultant Services: 4. If it is determined that it is in the best interest of the City for services to be provided by a specific consultant-with contract terms, workscope and compensation to be determined based on direct negotiations-contract award will be made by the Council. And; WHEREAS, The City has recognized the need to evaluate the existing and future parking demands in the area east of Santa Rosa Street up to California Boulevard bounded by Palm and Marsh Streets. That, new development and redevelopment options in the area of Monterey Street and Santa Rosa Street, including possible mixed use and public/private partnerships, have recently been considered by Council. That the City lacks the ability, from both the personnel and technology perspectives, to adequately analyze the parking implications of these proposals in real-time using the latest technology available. The City studied the expansion of the parking in-lieu fee program in 2002 but Council did not pursue implementation at that time. The Land Use Element of the General Plan, updated in 2014, states that the City shall investigate the addition of the area described above into the existing parking in-lieu fee program. The intent is to incorporate the analysis of expanding the parking in-lieu fee program into the demand modeling process and develop a recommendation for Council. Additionally, the City is in the process of revising the Physical Downtown Concept Plan. This includes a potential expansion of the downtown commercial zone east of Santa Rosa Street. The modeling software will be able to provide parking demand scenarios based on the conversion of these land uses: and, WHEREAS, On June 14, 2016, The Council allocated $100,000 in funds for the start of this project and instructed the Parking Services Division to evaluate the options available; and, WHEREAS, Investigation of the software programs available show that only one vendor has a product that is an interactive parking scenario planning model integrated with ArcGIS. This product can evaluate existing parking supply and demands, identify and test new development and parking facilities, and apply parking management strategies. WHEREAS, Staff has investigated the market regarding parking forecasting tools that currently available and has concluded that Kimley-Horn’s Park+ model is the only current product in use that is GIS based and can provide the dynamic analysis the City needs for a supply and demand parking model and a pricing based analysis tool; and, WHEREAS, Kimley-Horn and Associates has a solid understanding of the required work, extensive experience providing similar services and the proven capability to develop innovative solutions on-time and within budget pursuant to said request, Consultant submitted a proposal that was accepted by City for said services. Whereas, staff has determined that it is in the best interest of the City for these services to be provided by Kimley-Horn and Associates, Inc. and that a direct award be made by the Council for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. Start and Completion of Work. Work on this project shall begin within 7 calendar days after contract execution and shall be completed within 150 calendar days thereafter. 7.a Packet Pg. 58 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 2 of 8 3. Contract Term for On-Call Service Contracts. The services identified in this specification will be used by the City between [month/year] and [month/year]. 4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be extended by mutual consent for an additional year. During this extended period, labor rates may be increased to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified of the increases in advance. Rates may be increased to reflect actual cost increases up to a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment upon request of Contractor. 5. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 6. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work- in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. In this case the Consultant will be paid compensation due and payable to the date of termination. 7. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. 8. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement. 7.a Packet Pg. 59 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 3 of 8 9. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 10. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested. 12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City. The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 15. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application 7.a Packet Pg. 60 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 4 of 8 fees for permits required for the completion of the project including building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check. 18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 21. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. 23. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided therefor in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 7.a Packet Pg. 61 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 5 of 8 25. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term. 26. Standards. Documents shall conform to City Standards and City furnished templates shall be used. 27. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required. 28. Required Deliverable Products and Revisions. The Consultant will be required to provide services and work in accordance with Attachment A – proposed scope of Work, dated August 31, 2016. 29. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant. 30. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission. 31. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 32. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to [number] public meetings to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 33. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s within two weeks of receipt of the information from the City. 34. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. 35. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation in a total sum not to exceed $100,000. Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost to the City. 7.a Packet Pg. 62 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 6 of 8 Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred with cumulative monthly payments not to exceed: The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules. 36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30). 37. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans, specifications and estimate, the Consultant may request review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely performance in accordance with the terms of this contract. 38. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” when project work is for a federally funded project. In order to ensure the State Department of Transportation achieves its federally mandated statewide overall DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this agreement. The City has determined that DBE can reasonably be expected to compete for the sub-consulting opportunities in this agreement and has established a DBE advisory percentage of X. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part 26. Participation of DBE’s in the specified percentage is not a condition of award. The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final payment. Records shall show the name and business address of each DBE and the total dollar amount actually paid to each. The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the Consultant by the City. The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the City deems appropriate. 39. Agreement Parties. City: Scott Lee, Parking Manager City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Consultant: Brett Wood, P.E., CAPP Project Manager Kimley Horn 7740 N 16th Street, Suite 300 Phoenix, AZ 85020 (602)906-5500 7.a Packet Pg. 63 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 7 of 8 All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 40. Incorporation by Reference: Consultant's proposal dated August 31, 2016 is hereby incorporated in and made a part of this Agreement. The Insurance Requirement attached hereto as “Section F” are also hereby incorporated in and made a part of this Agreement. 41. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer. 42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other than the City Project Manager and the Consultant believes that the work is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense. 43. Complete Agreement. This written agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: CONSULTANT: ___________________________________ Kimley-Horn and Associates, Inc. By: ___________________________________ Katie Lichtig, City Manager Mike Hermann, P.E. Principal APPROVED AS TO FORM: ___________________________________ Christine Dietrick, City Attorney 7.a Packet Pg. 64 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 8 of 8 Section F INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or sub-consultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 7.a Packet Pg. 65 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 August 31, 2016 Scott Lee Parking Manager Public Works Parking Services 1260 Chorro Street, San Luis Obispo, CA 93401-3668 Re: Professional Services Agreementfor Park+ Dear Scott: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of San Luis Obispo (“Client”) for providing parking analysis services using our Park+ modeling platform. Project Understanding The City of San Luis Obispo wishes to evaluate parking demands and impacts of development decisions the Downtown San Luis Obispo and the Upper Monterey area (as shown in Figure 1). The project will utilize Kimley-Horn’s Park+ modeling platform to evaluate the parking demands associated with existing and new development, as well as the impacts associated with new parking and the necessary structure for parking impact fee collection and allocation. Scope of Services Kimley-Horn will provide the services specifically set forth below. 1. Initial Project Kickoff Meeting – at the kickoff meeting, Kimley-Horn will meet with City staff (as well as invited stakeholders at the request of the City) to discuss modeling parameters and assumptions. Kimley-Horn will also meet with GIS and IS staff to discuss data needs and ultimate implementation of the model. During this kickoff meeting, Kimley-Horn staff will conduct a field tour of the study area to determine specific modeling patterns and relationships between parking and City uses. 2. Initial Data Request and Review – Kimley-Horn will submit a data request to staff, including requests for GIS data (land uses and parking), transit ridership and mode split surveys, special event parameters, and future planned development in the City. Additional addendums are included with this proposal for the collection of parking occupancy data using License Plate Recognition (LPR) equipment and collecting land use characteristics to supplement City data, if needed. 3. Database Development – after the City land use and parking data are compiled, Kimley- Horn will create specific GIS databases for use in the Park+ model. The databases will be structured in ArcGIS shapefiles and compiled into file geodatabases for use in the modeling platform. The existing data provided by the Client will be maintained with columns and data appended to support Park+ functionality. 7.b Packet Pg. 66 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 2 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 4. Model Calibration – Kimley-Horn will calibrate a Park+ modeling platform for the City that accounts for the actual conditions in the study area, through the use of the collected land use and parking occupancy data. The calibration process will include the coding of public and private parking assets, permitted parking restrictions, user walking tolerances, and price/distance sensitivity. Kimley- Horn will calibrate the model to travel demand industry standards using an iterative calibration process that allocates demand reflective to conditions observed in the field. 5. Mid-Project Check-In Meeting – After model calibration, Kimley-Horn will schedule a mid- project check-in meeting with the City to present the calibrated model and begin the scenario development process. The meeting is intended to finalize calibration through iterative analysis and revisions with the clients and begin scenario planning through live model demonstrations and adjustments. At the end of this meeting, Kimley-Horn will be able to finalize scenarios back in the office before completing build-out of the model. 6. Scenario Evaluation – Following the mid-project check-in, Kimley-Horn will use the calibrated Park+ model to analyze various scenarios related to the planned City development. Scenarios will be delivered with the modeling platform upon completion. Up to four (4) scenarios will be evaluated as part of this proposed scope. Additional scenarios can be included at an additional cost. 7. Final Presentations – Kimley-Horn staff will be available for presentation of model findings to Client staff. The proposed budget includes two days of on-site meetings and presentations. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: x In the field data collection, including license plate recognition (LPR) data collection and/or land use data collection x Additional meetings x Additional calibrations x Additional scenarios x Model ownership, including training and necessary license fees x On-call support for the model, whether owned or Kimley-Horn supported Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: x Study area land use data, in ArcGIS shapefile format, including use type and size x Study area parking data, including historic occupancy and inventory x Study area user information, including mode split and walking characteristics 7.b Packet Pg. 67 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 3 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 7 for the total lump sum labor fee below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, subconsultant costs, and other direct expenses will be billed at 1.10 times cost. 1 – Kickoff Meeting $5,600 2 – Data Request/Review $5,800 3 – Database Development $12,900 4 – Model Calibration $15,300 5 – Mid-Project Meeting $5,600 6 – Scenario Analysis $11,300 7 – Final Presentations $6,600 Total Lump Sum Labor Fee $63,100 Lump sum labor fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the City of San Luis Obispo. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: ____ Please email all invoices to ___________________________ ____ Please copy _______________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully- executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. 7.b Packet Pg. 68 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 4 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Brett Wood, P.E., CAPP Mike Hermann, P.E. Project Manager Principal 7.b Packet Pg. 69 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 5 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 City of San Luis Obispo A Municipality ____________________________________ (Date) (Print or Type Name and Title) (Email Address) , Witness (Print or Type Name) Official Seal: 7.b Packet Pg. 70 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 6 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 Figure 1 – Proposed Study Area (C-C Zone and Proposed C-C Expansion) See Exhibit 1 7.b Packet Pg. 71 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) kimley-horn.com 7740 N 16th St, Suite 300,Phoenix, AZ 85020 602-906-5500 Park+ Options for Ownership or Access Kimley-Horn provides two options for model ownership or access following the completion of the scoped development and analysis of the Park+ model. These two options include: MODEL OWNERSHIP AND ONLINE ACCESS Kimley-Horn is moving access to the Park+ model to the ESRI online cloud, allowing our users to access the model and data online, without the need for a dedicated ArcGIS license or local data storage. The solution will include a singular login that can be used by anyone within the client’s staff. The annual hosting fee also includes access to all module and versioning upgrades as they are implemented, as well as software support for model issues. Kimley-Horn can also provide hourly on- call support for model review, data management and updating, scenario development, and model calibration, if requested by the user. One Time License Fee for Model Ownership - $10,000 Model Training for Staff - $5,000, plus reimbursable expenses Annual Hosting and Maintenance Agreement - $10,000 On-Call support – Hourly, as needed KIMLEY -HORN ON -CALL SUPPORT In lieu of model ownership, Kimley-Horn can provide model support through an on-call agreement that allows for model review, data management and updating, scenario development, and model calibration, as requested by the user. These services would be conducted on an hourly basis, at our current hourly rate structure. In addition, if the user would like a login to access data and see model results, that service can be provided for a fee of $8,000 annually. That fee covers access, review, and report production (standard PDF reports in Park+). 7.b Packet Pg. 72 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 2 kimley-horn.com 7740 N 16th St, Suite 300, Phoenix, AZ 85020 602-906-5500 Park+ Sole Source Justification The Park+ parking scenario planning model is a proprietary modeling platform developed by Kimley- Horn. The model, and all of the processes and design associated with it, were designed by parking and software professionals at Kimley-Horn. The model is a unique platform provided only by Kimley-Horn. No other firm provides a dynamic ArcGIS-based model that allows its clients to distinctly maintain parking and land use databases and quickly and cost-effectively evaluate how changes in parking and land use will impact parking demands in an area. Kimley-Horn’s Park+ model has been developed and tested among more than 25 municipalities and universities over the past few years. Additionally, Kimley-Horn can deliver its Park+ model in an expedited time frame because the model has been refined through these numerous deployments. 7.b Packet Pg. 73 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 3 kimley-horn.com 7740 N 16th St, Suite 300, Phoenix, AZ 85020 602-906-5500 License Plate Recognition Data Collection The following scope is for the collection of parking occupancy data with Kimley-Horn’s license plate recognition (LPR) equipment. Task 1 – Meetings & Coordination As part of the Downtown San Luis Obispo parking occupancy and turnover study, the following meetings will be facilitated: 1. Project Kick-Off – An initial meeting will be held to discuss the data collection effort and responsibilities of Kimley-Horn and the client via conference call. 2. Presentation of Existing Condition Findings –Kimley-Horn will facilitate a conference call to discuss the findings of the study via conference call. Task 2 – Occupancy Data Collection The study area is assumed to include all on-street and off-street parking facilities within the Proposed Parking District and the C-C Expansion Area Existing parking occupancies will be collected for facilities within this study area for two days (to be decided in consultation with the client) for a 12 hour period each day from 10:00 AM through 10:00 PM, every hour. Additional days or time periods may be collected at an additional expense of $7,500 per day. License Plate Reader (LPR) technology will be utilized for the on-street data collection process. Occupancy and turnover data collected with the LPR equipment will be processed and merged with the parking shapefile provided by the client, for use in the Park+ model. Off-street data collection will be collected manually and included in the parking shapefile for use in the Park+ model. Proposed Fee Labor: $21,500 Equipment Fee (4 LPR units): $3,750 Estimated Expenses: $3,000 Estimated Total: $28,250 7.b Packet Pg. 74 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Programming and Model Development Kickoff Meeting 5,600.00$ Data Request/Review 5,800.00$ Database Development 12,900.00$ Model Calibration 15,300.00$ Mid‐Project Meeting 5,600.00$ Scenario Analysis 11,300.00$ Final Presentations 6,600.00$ 63,100.00$ Programming and Occupancy Development Labor 21,500$ License Plate Recognition Systems (4)3,750$ Misc Expenses 3,000$ 28,250$ Total for Model Development (Does not include Land Use):91,350.00$ Additional Costs: Iniatial On‐Call Scenario Support (65 Hrs est.)8,000.00$ Total Proposed Budget Model Development:99,350.00$ Future Annual Costs: Alternative 1: One Time License Fee 10,000$ Model training For Staff 5,000$ 15,000$ Alternative 2: Annual Hosting & Maint Agreement 10,000.00$ /year Misc Staff Access rto Model:8,000.00$ 18,000.00$ 7.b Packet Pg. 75 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Parking In Lieu Expansion AreaOverlap Planning AreaParking In Lieu AreaStudy Area – Parking Demand ModelExhibit 17.b Packet Pg. 76 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System)