1702 Kittleson & Assoc., Inc. piggyback w/Sem CoI qo,7,-
Thursday, April 02, 2015
TO: Mayor /City Clerk
E: Kittleson & Associates Inc Piggyback Contract with Seminole County No.
PS8286.13JVP
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
® Mayor's signature
❑ R.,.., ecordin --
'"-Rendering \ t
Safe keeping '
H Payment Bond
❑ City Manager Signature
® City Clerk Attest/Signature
® City Attorney /Signature
Once completed, please:
® Return originals to Purchasing- Department Marisol
❑ Return copies
Special Instructions:
Ma4-4o4, Ord o-i e�
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Contract Agreement Name: Kittleson & Associates Inc Piggyback Contract with
Seminole County No. PS8286.13JVP
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City Of Sanford Piggyback (Seminole County)
Agreement with Kittelson & Associates, Inc. (Capacity and Safety Improvement
Evaluations)
The City of Sanford ( "City ") enters this "Piggyback" Contract with Kittelson &
Associates, Inc., an Oregon corporation, authorized to do business and doing business in
the State of Florida, (hereinafter referred to as the "Vendor"), under the terms and
conditions hereinafter provided. The City and the Vendor agree as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
government of Seminole County, Florida, said contract being identified as the "Engineering
Services Agreement Miscellaneous Capacity and Safety Improvement Evaluations (PS-
8286- 13 /JVP) ". The piggybacked contractual provisions are all as described in Exhibit "A"
and further referenced below; said original contract with Seminole County being referred to
as the "original government contract ".
2. The original government contract is incorporated herein by reference and is
attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original
government contract are fully binding on the parties and said terms and conditions are
incorporated herein.
3. Notwithstanding the requirement that the original government contract is fully
binding on the parties, the parties have agreed to modify certain technical provisions of the
original government contract as applied to this Contract between the Vendor and the City,
as follows:
(a). Time Period ( "Term ") of this Contract: N /A. That is the term of this contract is
commesurate ith the term of the original government contract with work orders being
completed as directed in the work orders issued hereunder.
(b). Insurance Requirements of this Contract: N /A. That is, the City shall be
protected and insured by the Vendor to the same extent, at a minimum, as is Seminole
County under the terms and conditions of the original government contract.
(c). Any other provisions of the original government contract that will be modified:
(1). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract is
Christopher Smith, Project Planner, City of Sanford, Post Office Box 1788, 300 North Park
Page 1
Avenue; Sanford, Florida 32771 -1778, telephone number (407 -688 -5144) and whose e-
mail address is: chris.smith @sanfordfl.gov.
(2). Notwithstanding anything in the original government contract to the contrary,
the venue of any dispute will be in Seminole County, Florida. Litigation between the parties
arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate
jurisdiction. The law of Florida shall control any dispute between the parties arising out of or
related to this Contract, the performance thereof or any products or services delivered
pursuant to such Contract.
(3). Notwithstanding any other provision in the original government contract to the
contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non - binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(4). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the City,
and the laws of any Federal, State, or local regulatory.
(5). Payments shall be made after the tendering of a valid invoice in accordance
with the provisions of the Local Government Prompt Payment Act.
(d). All other provisions in the original government contract are fully binding on the
parties and will represent the agreement between the City and the Vendor.
SIGNATURE PAGE FOLLOWS
Attest.
Marc A. Butorac
Vice - President
Lawre ce A. Van Dy e
CFO
Attest:
Kittelson & Associates, Inc.
By: -t-
Mark A. Vandehey
CEO
Date:
City Of Sanford
Cynthia Porter, City Clerk Jeff Triplett,
Date: q —
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
Page 3
T R A N S P O R T A T I O N E N G I N E E R I N G / P L A N N I N G
610 SW Alder Street, Suite 700, Portland, OR 97205 r° 503.228.5230 � 503.273.8169
MEMORANDUM
Date: March 25, 2015
To: Chris Smith
City of Sanford
300 N Park Avenue
Sanford, FL 32771 -1244
From: Janice Frantz
Project: US 17 -92 at SR 46 Roundabout Feasibility
Subject: Partially Executed Agreements
Project #: 18847
Enclosed please find three original partially executed agreements for the above referenced
project. Please countersign and return a fully executed copy to my attention.
Thank You,
9 e-
Janice Frantz
Contract Specialist
Kittelson & Associates, Inc.
610 SW Alder Street, Suite 700
Portland, OR 97205
ifrantz@kittelson.com
www.kittelson.com
503- 228 -5230 (Main)
503 -535 -7403 (Direct)
503 -273 -8169 (Fax)
Transportation Engineering /Planning
BaltimorelBendIBoiselFt .LauderdalelOrlandol i'o1-tl andITucsonlAnchoragelRestonlSacramentolOakland
FILENAME: C:\ Users \jfrantz \Desktop \Cover LencrsTlient Return JJF.doc
ENGINEERING SERVICES AGREEMENT
MISCELLANEOUS CAPACITY AND SAFETY IMTROVEMENT EVALUATIONS
(PS- 828&13/JVP)
THIS AGREEMENT is made and entered into this 2V day of Ak4"s r ,
20_J_3, by and between KTTTELSON & ASSOCIATES, INC., duly authorized to conduct
business in the State of Florida, whose address is 225 East Robinson Street, Suite 450, Orlando,
Florida 32801, hereinafter referred to as "CONSULTANT ", and SERHNOLE COUNTY, a
political subdivision of the State of Florida, whose address is Seminole County Services Building,
1101 East First Stzcet, Sanford, Florida 32771, hereinafter ref=cd to as "COUNTY ".
WITNESSETH:
WHEREAS, COUNTY desires to retain the services of a competent and qualified
CONSULTANT to provide engineering consultant services with regard to miscellaneous roadway
capacity and improvements to Seminole County; and
III
VITJ so 1 # is .� :. :i .«. :k :� — ► •i E i r wK����
of services of consultants; and
WHEREAS, CONSULTANT is competent and qualified to fiunish services to COUNTY
and desix= to provide professional services according to the terms and conditions stated herein,
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
Ple i17,YTi lil�i111; r[K #� lv 1 : ►I1 . —".:_ . ill
Section 1. Services.
(a) COUNTY does hereby retain CONSULTANT to fiirnish professional services and
perform those tasks as further descnlxd in the Scope of Services attached hereto as 5dubit A and
made a part hereof. Required services shall be specifically enumerated, descn'bed, and depicted in
CERTIFIED COPY
MARYANNE MORSE
Miscellaneous Capacity and Safety Improvement Evaluations CLERK OF CIRCUIT COURT
(PS- 8286- 131JW) SE lOLE COUNTY, FLORIDA
Page 1 of 22
BY
DEPUTY CLERK 1
Section 3. Authorization for Services. Authorization for performance of professional
services by CONSULTANT under this Agreement shall be in the form of written Work Orders
issued and executed by COUNTY and signed by CONSULTANT. A sample Work Order is
attached hereto as Exhibit B. Each Work Order shall describe the services required, state the dates
for commencement and completion of work, and establish the amount and method of payment.
The Work Orders will be issued under and shall incorporate the terns of this Agreement.
COUNTY makes no covenant or promise as to the number of available projects or that
CONSULTANT will perform any project for COUNTY during the life of this Agreement
COUNTY reserves the right to contract with other parties for the services contemplated by this
Agreement when it is determined by COUNTY to be in the best interest ofCOUNTY to do so.
Section 4. Time for Completion. The services to be rendered by CONSULTANT shall be
commenced as specified in such Work Orders as may be issued hereunder and shall be completed
within the time specified therein.
Section 5. Compensation. COUNTY agrees to compensate CONSULTANT for the
professional services provided for under this Agreement on either a "Fixed Fee Basis" or on a
"Time Basis Method ". The CONSULTANT shall be compensated in accordance with the rate
schedule attached as Exhibit C. The CONSULTANT shall also be required to execute the Truth in
Negotiations certificate attached hereto as Exhibit D.
Section 6. Reimbursable Expenses.
(a) If a Work Order is issued on a Fixed Fee or Time Basis Method, than reimbursable
expanses are in addition to the hourly rates. Reimbursable expenses are subject to the applicable
"Fixed Fee ", "Not to- Fxc;eed" or "Limitation of Funds" amount set forth in the Work Order.
Reimbursable expenses may include actual expenditures made by CONSULTANT, its employees
Miscellaneous Capacity and Safety Improvement Evahmhons
(PS- 8286- 13/AT)
Page 3 of 22
(2) Expense of reproduction, postage, and handling of drawings and
specifications are authorized at actual cost only.
(3) If authorized in writing in advance by COUNTY, the cost of other
expenditures made by CONSULTANT in the interest of the Project.
(b) Any reimbursable expenses under this Agreement shall be supported by a source
document, such as a receipt or invoice, with the employee's name, project name, and brief
explanation of the expense. All reimbursable expenses small be itemized on the invoices.
(c) All reimbursable expenses must be allowable, allocable to the contract, and
reasonable, as solely dekmnined by COUNTY.
Section 7. Payment and BiIIing.
(a) If the Scope of Services required to be performed by a Work Order is clearly
defined, the Work Order shall be issued on a Fixed Fee Basis. CONSULTANT shall perform all
work required by the Work Girder, but in no event shall CONSULTANT be paid more than the
negotiated Fixed Fee amount stated therein.
(b) If the Scope of Services is not clearly defined, the Work Order may be issued on a
Time Basis Method and contain a Not -to- Exceed amount. If a Not to-Exceed amount is provided,
CONSULTANT shall perform all work required by the Work Order, but in no event shall
CONSULTANT be paid more than the Not- to-Exceed amount specified in the applicable Work
(c) If the Scope of Services is not clearly defined, the Work Order may be issued on a
Time Basis Method and contain a Limitation of Funds amount. CONSULTANT is not authorized
to exceed that amount without the prior written approval of COUNTY. Said approval, if given by
COUNTY, shall, indicate a new Limitation of Funds amount. CONSULTANT shall advise
Miscellaneous Capacity and Safety Improvement Evaluations
(PS- 8286-23 /NP)
Page 5 of 22
(b) COUNTY may perform or have performed an audit of the records of
CONSULTANT at any time during the team of this Agreement and after final payment to support
final payment hereunder. Audits may be performed at a time mutually agreeable to CONSULTANT
and COUNT'Y.Total compensation to CONSULTANT may be determined subsequent to an audit
as provided for in subsections (b) and (c) of this Section, and the total compensation so determined
shall be used to calculate final payment to CONSULTANT. Conduct of this audit shall not delay
final payment as provided by subsection (a) of this Sections.
(c) In addition to the above, if Federal funds are used for any work sander the
Agreement, the Department of Housing and Urban Development, the Comptroller General of the
United States, or any of their duly authorized representatives shall have access to any books,
documents, papers, and records of CONSULTANT which are directly patinnent to work performed
under this Agreement for Purposes of malting audit, examination, excerpts, and transcriptions.
(d) CONSULTANT agrees to maintain all books, documents, papers, accounting
records, and other evidence pertaming to work performed under this Agreement in such a manner
as will readily conform to the terms of this Agreement and to make such materials available at
CONSULTANT's office at all reasonable times during the Agreement period and for five (5) years
from the date of final payment under the contract for audit or inspection as provided for in
subsections (b) and (c) of this Section.
(e) In the event any audit or inspection conducted after final payment, but within the
r
period provided in paragraph (d) of this Section, reveals any overpayment by COUNTY under the
teens of the Agreement, CONSULTANT shall refund such overpayment to COUNTY within thirty
(30) days of notice by COUNTY.
Miscellaneous Capacity and Safety Improvement Evaluations
(PS- $2$6- 13 /NP)
Page 7 of 22
convenience or because of the failure of CONSULTANT to fulfill its Agreement obligations. Upon
receipt of such notice, CONSULTANT shall:
(1) immediately discontinue all services affected unless the notice directs
otherwise; and
(Z) deliver to COUNTY all data, drawings, specifications, reports, estimates,
summaries, and any and all such other information and materials of whatever type or nature as may
have been accumulated. by CONSULTANT in performing this Agreement, whether completed or in
process.
(b) If the termination is for the convenience of COUNTY, CONSULTANT shall be
paid compensation for services performed to the date of termination. If this Agreement calls for the
payment based on a Fixed Fee amount, CONSULTANT shall be paid no more than a percentage of
the Fixed Fee amount equivalent to the percentage of the completion of work, as determined solely
and conclusively by COUNTY, contemplated by this Agreement.
(c) If the termination is due to the failure of CONSULTANT to fulfill its Agreement
obligations, COUNTY may take over the work and prosecute the same to completion by other
Agteeaneuts or otherwise. In such case, CONSULTANT shall be liable to COUNTY for all
reasonable additional costs occasioned to COUNTY thereby. CONSULTANT shall not be liable
for such additional costs if the failure to perform the Agreement arises without any fault or
negligence of CONSULTANT; provided, however, that CONSULTANT shall be responsible and
liable for the actions of its subcontractors, agents, employees, and persons and entities of a similar
type or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in
its sovereign or contractual capacity, fines, floods, epidemics, quarantine restrictions, strikm, freight
Miscellaneous Capacity and Safety bWov==t Evahaatiow
(PS- 8286- 13/NP)
Page 9 of 22
or resulting from award or malting of this Agreement For the breach or violation of this provision,
COUNTY shall have the right to terminate the Agreement at its sole discretion, without liability
and to deduct from the Agreement price, or otherwise recover, the full amount of such fee,
commission, percentage, gift; or consideration.
Section 15. Conflict of Interest.
(a) CONSULTANT agrees that it will not contract for or accept employment for the
performance of any work or service with any individual, business, corporation„ or government unit
that would create a conflict of interest in the performance of its obligations pursuant to this
Agreement with COUNTY.
(b) CONSULTANT agrees that it will neither take any action nor engage in any conduct
that would cause any COUNTY employee to violate the provisions of Chapter 122, Florida
Statutes, relating to ethics in government
(c) In the event that CONSULTANT causes or in any way promotes or encourages a
COUNTY officer, employee, or agent to violate Chapter 112, Florida Statutes, COUNTY shall
have the right to terminate this Agreement.
Section 16. Assignment. This Agreement, or any interest herein, shall not be assigned,
transfemki, or otherwise encumbered, under any circumstances, by the parties hereto without prior
written consent of the other party and in such eases only by a document of equal dignity herewith.
Section 17. Subcontractors. In the event that CONSULTANT, during the coarse of the
associates in connection with services covered by this Agreement, CONSULTANT must first
secure the prior express written approval of COUNTY. If subcontractors or other professional
Miscellaneous Capacity and Safety Improvement Evaluations
(PS- 8286-IMW)
Page 11 of 22
(2) The Certificate shall contain a statement that it is being provided in
accordance with this Agreement and that the insurance is in full compliance with the Insurance
requirements of this Agreement. The Certificate shall have this Agreement number clearly
marked on its face.
(3) In addition to providing the Certificate of Insurance, on a current ACORD
Form, upon request as required by COUNTY, CONSULTANT shall, within thirty (30) days after
receipt of the request, provide COUNTY with a certified copy of each of the policies, of
insurance providing the coverage required by this Section. Certified copies of policies may only
be provided by the Insurer, not the Agent/Broker.
(4) Neither approval by COUNTY, nor failure to disapprove the insurance
furnished by CONSULTANT, shall relieve CONSULTANT of its full responsibility for
performance of any obligation including CONSULTANT's indemnification of COUNTY under
(b) Insurance Company Requirements. Insurance companies providing the insurance
under this Agreement must meet the following requirements:
(1) Companies issuing policies (other than Workers' Compensation) must be
authorized to conduct business in the State of Florida and prove same by maintaining Certificates
of Authority issued to the companies by the Department of Insurance of the State of Florida.
(2) In addition, such companies shall have and maintain a Best's Rating of
"A-" and a minimum Financial Size Category of °`VII'" according to A.M. Best Company.
(3) If during the period which an insurance company is providing the
insurance coverage required by this Agreement, an insurance company shall: (i) lose its
Certificate of Authority; or (ii) fail to maintain the requisite Best's Rating and Financial Size
Miscellaneous Capacity and Safety Improvement Evacuations
(PS- 8286- 13 /NP)
Page 13 of 22
Compensation injury to the subcontractor's employees. The minimum required limits to be
provided by both CONSULTANT and its subcontractors are outlined in subsection (C) below. In
addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is
to be included for the United States Longshoremen and Harbor Workers' Compensation Act,
Federal Employees' Liability Act, and any other applicable Federal or State law.
(B) Subject to the restrictions of coverage found in the standard
Workers' Compensation policy, there shall be no maximum limit on the amount of coverage for
liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's
and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part
One of the standard Workers' Compensation policy.
(C) The minimum amount of coverage under Part Two of the standard
Workers' Compensation policy shall be:
$500,000.00 (Each Accident)
$500,000.00 (DiseawPolicy Limit)
$ 500,000.00 (Disease -Each Employee)
(2) Commercial General Liability.
(A) CONSULTANT's insurance shall cover CONSULTANT for those
sources of liability which would be covered by the latest edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by
the Insurance Services Office, without the attachment of restrictive endorsements other than the
elimination of Coverage C, Medical Payment, and the elimination of coverage for Fire Damage
Legal Liability.
(B) The minimum limits to be maintained by CONSULTANT
(inclusive of any amounts provided by an Umbrella or Excess Policy) shall be as follows:
Miscellaneous Capacity and Safety Improvement Evaluations
(PS- 8286- 13/JW)
Page 15 of 22
(d) CovM&e . The insurance provided by CONSULTANT pursuant to this Agreement
shall apply on a primary and non - contributory basis, and any other insurance or self- insurance
maintained by COUNTY or COUNTY's officials, officers, or employees shall be in excess of
and not contributing to the insurance provided by or on behalf of CONSULTANT.
(e) Occurrence Basis. The Workers' Compensation policy and the Commercial
General Liability and the Umbrella policy required by this Agreement shall be provided on an
occurrence rather than a claims -made basis. The Professional Liability insurance policy may be
on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond
to all claims reported within three (3) years following the period for which coverage is required
and which would have been covered had the coverage been on an occurrence basis.
(f) Obligations. Compliance with the f regoing insurance requirements shall not
relieve CONSULTANT, its employees, or its agents of liability from any obligation under a
Section or any other portion of this Agreement.
Section 20. Dispute Resolution.
(a) In the event of a dispute related to any performance or payment obligation arising
under this Agreemen4 the parties agree to exhaust COUNTY dispute resolution procedures prior to
filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for
proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures,"
Seminole County Administrative Code. Contract claims include all controversies, except disputes
addressed by the "Prompt Payment Proc odure.%- arising under this Agreement within the dispute
resolution procedures set forth in Section 3.5540, "Contract Claims," Seminole County
Administrative Code.
Miscellaneaczs Capacity and Safely Improvement Evaluations
(PS- 8285- 13/IVP)
Page 17 of 22
the mattes contained herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained or referred to
in this document. Accordingly, it is agreed that no deviation from the tams hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
Section 23. Modifications, Amendments or Alterations. No modification, amendment,
or alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
Section 24. Independent Contractor. It is agreed, that nothing herein contained is
intended or should be consttued as in any manner creating or establishing a relationship of co-
partners between the parties or as constituting CONSULTANT (including its officers, employees,
and agents) an agent, represenWive, or employee of COUNTY for any purpose, or in any manner,
whatsoever. CONSULTANT is to be and shalt retrain forever an independent contractor with
respect to all services performed under this Agreement.
Section 25. Employee Sb tus. Permits employed by CONSULTANT in the performance
of services and functions pursuant to this Agreement shall have no claim to pension, worker'
compensation, unemployment compensation, cavil service, or other employee rights or privileges
granted to COUNTY's officers and employees either by operation of law or by COUNTY.
Section 26. Services Not Provided For. No claim for services furnished by
CONSULTANT not specifically provided for herein shall be honored by COUNTY.
Section 27. Public Records Law. CONSULTANT acknowledges COUNTY s, obligations
under Article I, Section 24, Florida Constitution, and Chapter 119, Florida Statutes, to release
public records to members of the public upon request. CONSULTANT acknowledges that
COUNTY is required to comply with Article I, Section 24, Florida Constitution, and Chapter 119,
Miscellaneous Capacity and Safety hMmvemmt Evaluations
(PS- 8286- 13 /7VP)
Page 19 of 22
addressed to the party for whom it is intended at the place last specified. The place for giving of
notice shall remain such until it shall have b= changed by written notice in compliance with the
provisions of this Section. For the present, the parties designate the following as the respective
places for giving of notice, to -wit:
For COUNTY:
Seminole County Public Works Department
200 West County Home Road
Sanford, Florida 32773
For CONSULTANT:
Kiftolson & Associates, Inc.
225 East Robinson Street, Suite 450
Orlando, Florida 32801
Section 31. Rights At Law Retained. The rights and remedies of COUNTY, provided for
under this Agreement, are in addition and supplemental to any other rights and remedies provided
bylaw.
jThe balance of this page is left intentionally blank
Attestations and signatures on following page.]
Miscellaneous Capacity and Safety Improvement Evaluations
(PS- 8286 -13 /NP)
Page 21 of 22
MISCELLANEOUS CAPACITY AND SAFETY IMPROVEMENTS CONTRACT
SCOPE OF SERVICES
The purpose of this scope is to hire one Engineering consulting firm to perform
the following, but not limited to'
1 Before and after evaluation of roadway improvements to determine
changes in traffic volumes, delay, speed, and other measures of
effectiveness.
2. Benefit/Cost Studies to analyze potential minor roadway improvements.
3. Other Minor traffic studies.
4. Assistance With traffic analysis as needed for grant applications.
5. Miscellaneous MOT plans and signal modification plans.
6. Miscellaneous Transportation Modeling. (i.e. FSUTMS)
7. Signal timing analysis.
8. Trip generation and/or roadway impact fee land use studies.
9. Traffic Signal Design
10. Miscellaneous minor traffic design services.
11. Traffic design analysis and review. (including transit studies, afternative
modes of transportation, Innovative transportation alternatives and
development consultant reviews)
Page I of 1
EXHIBIT "9"
WORKORDER
r • r •
a) Execution of this Work Order by the COUNTY shall serve as authorization for the CONSULTANT to
provide, for the stated project, professional services as set out in the Scope of Services attached as
Exhibit "A" to the Master Agreement cited on the face of this Work Order and as further delineated in
the attachments listed on this Work Order.
b) Term: This Work Order shall take effect on the date of its execution by the COUNTY and expires upon
final delivery, Inspection, acceptance, and release of the final payments and encumbrances of the last
approved amount of this Work Order, unless terminated earlier In accordance with the termination
provisions herein.
c) The CONSULTANT shall provide said services pursuant to this Work Order, Its Attachments, and the
cited Master Agreement (as amended, if applicable) which Is incorporated herein by reference as if It
had been set out in its entirety.
d) Whenever the Work Order conflicts with the cited Master Agreement, the Master Agreement shall
prevail.
e) METHOD OF COMPENSATION - If the compensation Is based on a:
(1) FIXED FEE BASIS, then the Work Order Amount becomes the Fixed Fee Amount and the
CONSULTANT shall perform all work required by this Work Order for the Fixed Fee Amount
The Fixed Fee is an all - inclusive Firm Fixed Price binding the CONSULTANT to complete the
work for the Fixed Fee Amount regardless of the costs of performance. The work to be
performed by the CONSULTANT shall be based on the Labor Hour Rates established in the
Master Agreement that are in effect on the date of the CONSULTANTS price proposal for
this project. In no event shall the CONSULTANT be paid more than the Fixed Fee Amount
(fi) TIME BASIS WITH A NOT-TO-EXCEED AMOUNT, then the Work Order Amount becomes the
Not-to-Exceed Amount and the CONSULTANT shall perform all the work required by this
Work Order for a sum not exceeding the Not -to- Exceed Amount. In no event is the
CONSULTANT authorized to incur expenses exceeding the rot -to- exceed amount without
the express written consent of the COUNTY. Such consent will normally be in the form of
an Amendment to this Work Order. The CONSULTANTs compensation shall be based on
the actual work required by this Work Order and the Labor Hour Rates established in the
Master Agreement that are in effect on the date of the CONSULTANTS price proposal for
this project.
(iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT, them the Work Order Amount
becomes the Limitation of Funds amount and the CONSULTANT Is not authorized to exceed
the Limitation of Funds amount without prior written approval of the COUNTY. Such
approval, if given by the COUNTY, shall indicate a new Limitation of Funds amount The
CONSULTANT shall advise the COUNTY whenever the CONSULTANT has incurred expenses
on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds
amount. The CONSULTANTSs compensation shall be based on the actual work required by
this Work Order and the Labor Hour Rates established in the Master Agreement.
(iv) The CONSULTANT may utilize labor categories that are not included in the attached
fee proposal, but that have been approved In the Master Agreement If a substitution is
necessary, the work shall be completed within the approved Time Basis (Not-To-Exceed or
Limitation of Funds) Work Order Amount, and In no event shall the Work Order Amount be
modified as a result of any changes in labor categories. The CONSULTANT shall submit a
written request to the County's Project Manager for approval of any substitution prior to the
utilization of any labor category for service, and the County Project Manager's approval of
any substitution must take place prior to submission of the invoice. Any approved labor
category substitution shall be based on the prevailing labor categories and their associated
Work Order — Contracts, Rev 11 /14 /11
Page 2 of 3
Exhibit "C
s T R A N S P O R T A T I O N E N G ( N E E R I N G% P 4 A N N I N G
I ,. `•t
Labor Classification
Hourly Compensation
Multiplier
Billing Rate
Principal Engineer
$80.26
2.9
$232.75
Senior Engineer
$56.52
2.9
$163.91
Senior Planner
$52.29
2.9
$151.64
Project Manager
$41.79
2.9
$121.19
Project Planner
$43.46
2.9
$126.03
Project Engineer
$42.19
2.9
$122.34
Transportation Modeler
$40.30
2.9
$116.87
Engineer
$39.87
2.9
$115.62
Engineer Intern
$34.06
2.9
$98.77
CAD Technician /Designer
$41.63
2.9
$120.73
Accounting
$29.08
2.9
$84.33
Clerical
$22.67
2.9
$65.74
*Note 1: Hourly Compensation reflects our rates effective 7/1/2013 and are calculated based upon the total
compensation for KAI staff (base hourly rate +SEP -IRA contribution).
*Note 2: As shown in the attached Calculation of Overhead Rate schedule, our overhead of 170.92% exceeds the
rate of 162% established for this project; the 162% rate will be applied for the duration of this contract.
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