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HomeMy WebLinkAbout14-228 Award of PSA with Kimley-Horn and Associates, INC.CITY OF A LSIA E K 44.]DREAM . EXTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 12, 2014 SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT (PSA) WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT AND ENGINEERING SERVICES Recommendations: 1. Award the consultant PSA to Kimley -Horn and Associates, Inc. in an amount not to exceed $310,000 for FY 14/15 Capital Improvement Program (CIP) project management and engineering services. 2. Authorize the City Manager to execute the contract with Kimley -Horn and .. Associates, Inc. for FY 14115 CIP project management and engineering services. 3. Authorize staff to appropriate $310,000 from the FY 14115 CIP administration funds for FY 14/15 CIP project management and engineering services. Background On June 10, 2014, Council approved the FY 14/15 operating budget. On June 24, 2014, Council approved the FY 14/15 $25AM CIP. The current staffing levels in the Engineering Division of the Public Works Department consists of the Public Works Director, City Engineer, three senior engineering technicians and two construction inspectors. Project management and engineering services are complimented by:a. contract project-manager-and a_contract traffic engineer, both part-time services. Award of Professional Service Agreement with Kimsey -Horn and Associates, Inc. August 12, 2014 Page 2 Discussion The $25AM CIP includes projects consisting of the pavement management program, alignment studies, master plans, parks, storm drains, streets and facilities. The number and size of projects far exceeds the capabilities of present staff to implement in a timely manner. In addition, the $25AM CIP requires additional resources in order to implement the program in a cost- effective and timely manner. On June 27, 2014 staff issued a Request for Qualifications from several engineering and project management firms. The services requested included civil design, master plan development, alignment study, park and facility planning, project management and engineering on -call extension of staff services. On July 11, 2014, staff received over twenty (20) responses to the request for qualifications. Staff first reviewed the responses from those firms presenting qualifications to provide on -call extension of staff services. After review by staff, Kimley- Horn and Associates was determined best to meet the needs of the City to provide on- call extension of staff services for project management and engineering services in implementation of the $25AM CIP. Fiscal Impact The cost of services provided by Kimley -Horn and Associates is estimated at $310,000 per annum. Funds are available in the FY 14115 CIP administration budget. Prepared by: Walter Allison, P.E. &J City Engineer Vince Damasse, P.E. VP Public Works Director Approved by: Grant M. Yates City Manager Attachments: Kimley -Horn and Associates, Inc. - Professional Services Agreement ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES This. Agreement for Professional Services (the "Agreement ")is made and entered into as of the. k° ,A day of 4949 t 2;014. by and between the City of Lake Elsinore, a municipal corporation ( "City ") and KimlMHorn and Associates, Inc., a ( "Consultant "). RECITALS A. City desires to retain Consultant to perform Project Management services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A)] or [for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years.] 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $_310 000 without additional written authorization from the City_ Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided however that approved sub consultants listed in Exhibit D may be billed at cost plus 10 %. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been,accepted by City. 5: Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is Attachment A — Page 1 determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perfon-n, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination_ 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any.other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use. of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, .designs, and other intellectual .property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the .purposes intended by this Agreement shall be at City's sole risk. —Aft —ac hment.A...-'F ac�e 2 .....- .-- ._._� -- -� - -- b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential_ Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to, Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and. represents. that it does not now have any investment .or interest €n real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement..or.any other source of income, ,interest in real proAerty or investment which ---- ....... ..._........_ would be affected in any manner or degree by the performance of. Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. , 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of .whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), to the extent arising out of the consultant's negligence of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain, Workers' Compensation Insurance and Employer's Liability Insurance for his /her ............................... . employees. in accordance with the laws of the State of California. In addition, Consultant.... shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California . _ ..... ____ -- _—......- .._._.._..- _....__._...._.___. — _ _._..........----__ ........... .._...__— ___._.___._.___....._. for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had .beeh written for each, except with respect to the limits of liability of the insuring company, _ _..._ .......... _- -- .............. — — _ _ ............._... _ .......:.... - - -- Attac�men #_A =_ Page_ �.__ _____._.__._ ..............._.._ iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. 'if to City: City of Lake Elsinore Attn: Vince Damasse 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Jennifer Harry, P.E. —Vice President Kimley -Horn and Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 17. Entire A rc� eement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any- or, all._ rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any.portion of the work to be �_ At inept A -- Page 6 performed under this Agreement except as provided in Exhibit D without the written authorization of the City. if City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue, This Agreement and all matters relating to it shall be govemed by the laws of the State of Califomia and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party, 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this.Agreement. For breach or.violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, .during, the term of his or her service —._ .. .......... ..._.. _ - - -- -- --._. .......--- _.__._ ... ........ _.__ _ /attachment A -Page with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: By: Printed Name: Title: APPROVED AS TO FORM: City Attorney CONSULTANT: By: Printed Name: Title: Business license # ATTEST: City Clerk Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D -- List of Subcontractors Attachment A — Paae 8 EXHIBIT "A" SCOPE OF SERVICES . ......... . . me'O ,tune 30, 2014 Mr. Vince Damasse, P.P. Mr. WalterAlfison, P.E. Director of Public Works/City Engineer City of Lake Esinore 130 S. Main Street Lake Elsinore, California 92030 Re. Pavement Management and Capital Improvement Programs Dear Mr: Damasse & Mr. Allison: Wmley-Horn and Associates, Inc. ( "Klmley4 -tom" or "Consultant°} is pleased to submit this Scope of Services (the "Scope"] to The City of Lake Elsinore CClient" or "City for as- needed project management related to the City`s Pavement Management Program and Capital Improvement Program. Scope of Services Km1ey -Hom will provide the services specificallyset#ortb below. Task 1• Pavement Management Program ProjectMana ment It is understood the City is requesting assistance froth Kimfey -Horn to help prioritize the City's Pavement Management Program. The exact details of this task will be further defined in upcoming discussions with the City and Kimley - -Hom, but may include some of the following types of activities: Assistance with prioritizing the City's Pavement Management Program, including. assessment of the current pavement surveys and pavement indexes. Development of policies and procedures -for implementation of the Pavement Management Program. Assistance developing and/or implementing project management best practices_ Task 2- Capital Improvement Program Protect Management If. is understood the City is requesting assistance fmm lamley-Hom to help prioritize the City's Capital Improvement Program. The exact details of this task will be further defined in upcoming discussions with the City and iGmley -Horn, but may Include some of the following types of activities. Assistance with prioritizing the City's Capital Improvement Program Developmerd of policies and procedures forimplementafion of the Capital Improvement Program. Assistance developing and/or implementing project management best practices. The nature of setvices for Tasks 9 and 2 wAl be further detailed based on the discussions noted above and will be completed as requested by the Clty'on an hourly basis. Activities will be pria►fttzed based on the budget avalfablef and as such, some of the activities noted above may. not be completed as part of these initial tasks. In addition, if large, distlaot projects are -requested of &mley -Horn, a separate scope and fee can prepared if requested by the City. Additional ,Services Any Items requested that are not speciftcaily, outlined in the above scope will be considered additional. services and will be provided as requested and authorized by the Client.. Fee and Expenses lGmfey -Horn will perform the genera( services in Tasks 1 & 2 of the Scope of Services (as further defined with the City. in initial meetings) on an hourly basis utilizing our then- current standard hourly rates (which are subject to anpuafadjustment), with a maximum budget of $15,000.. Paymentwill be due within 26 days dyour receipt of the t h **,H n Page 2 invoice. Closure 1CmieyHom, in an effort to expedite invoices and reduce paper waste, offers its cl€ents the option to receive electronic invoices. These Invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please select a billing method from the choices below. _.,,,,_ Please email all invoices to Please provide a hard copy invoice to the to the attention of _,,,_ Please provide invoice via email and hard copy If you concur In all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute a City of lake Elsinore professional Services Agreement, retain one copy, and return one copy to us. We WO commence services only afterwe have received a fuiiy- executed agreement Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We would like to take this opportunity to notify you that Jennifer Harry is licensed by the California Hoard for Professional Engineers and Land Surveyors as a Civil Engineer. This notification to you is to comply with the requirements, effective March 9, 2011, of Title 16, California Code of regulations, section 483.5. Your signature In the signature block below also serves as acknowledgement that you have received this notification. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, Jennifer Harry, P.E. (CA PE # 82918) Vice President Attachments: Current Standard Hourly late Schedule Kirk Ammerman, P.E. 0 :. SCHEDULE OF CHARGES Attachment A — Page 10 KIMLEY -HORN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE Effective August 1, 2014 for a period of one year Classification PRINCIPALISR. TECHNICAL ADVISOR ................. ............................... $240.00 SENIOR PROFESSIONAL ........................................ ............................... $185.00 PROFESSIONAL...................................................... ............................... $165.00 ANALYST.................. ............................... .......... ............................... . $135.00 SENIOR DESIGNER.............. .................................... ............................... $150.00 DESIGNER/TECHNICIAWCADD OPERATOR ....... ............................... $125.00 PROJECT ADMINISTRATION .......... ............................... ........................ $125.00 SUPPORTSTAFF ...................................................... .........................•....$ 85.00 • Rates are subject to a yeariy 4% increase Expenses AUTHORIZED SPECIALIST TRAVEL (per day) .............................. $300.00 (Includes flight, hotel, meals for firmwide specialist resource to be utilized only as preapproved by City) OFFICE EXPENSES (% of Billing Rate) .............................................. 5.1% (Covers direct expenses, such as in -house duplicating and blueprinting, mileage, postage) SUBCONSULTANT MARK-UP ......................... ............................... 10.0% DIRECT EXPENSE MARK-UP ............................. ...........................v.0% EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. Executed on this day of ,20 at , California, Consultant Attachment A — Page 91 EXHIBIT "D" LIST OF SUB-CONSULTANTS /SUBCONTRACTORS Attachment A — Page 12