Loading...
HomeMy WebLinkAbout4.04 Amend AgmtOmni-Means'CITY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 2004 SUBJECT: Approval of Amendment to Existing Engineering Services Contract with Omi-Means RepOrt Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution and Proposed Amendment Letter from Omi-Means Current Agreement and Amendments RECOMMENDATION: .~")/~Adopt resolution approving the amendment to the agreement FINANCIAL STA~TE~ENT: Under the current agreement, Omi-Means provides traffic engineering services to the City based on the adopted rate schedule. Types of services performed are typically peer review or preparation of traffic studies associated with private development projects in eastern or downtown Dublin. The costs of these servi~ces are paid for by developers. Per the agreement, the consultant is allowed to request a rate adjustment for the second year of the term. Omi-Means is proposing rate adjustments for Fiscal Year 2004-2005 ranging from 0.0% to 4.8% for classifications currently serving the City. The net effect of the adjustment, if applied to Fiscal Year 2003-2004 hours as invoiced by classification, would be a 2.9% increase. DESCRIPTION: Omi-Means provides general traffic engineering services to the City based on the consultant's adopted rate schedule for FY 2003-2004. The current agreement with Omi-Means expires on June 30, 2005, with the provision that the consultant may request an adjustment of rates at the end of the first contract year. At this time, Omi-Means is proposing rate increases for the Branch Manager and Traffic Engineer 3 positions by 4.8% and 3.7%, respectively; however, the rate for the Technician 3 will not increase. The average rate of increase is 2.9%. Omni-Means will provide an estimate and obtain written authorization from the City before beginning any task. Omi-Means has continued to provide satisfactory, professional service at competitive rates. Staff recommends that the City Council adopt the resolution approving the amendment to the agreement. COPIES TO: G:\engr-contract\omni\agstamendmt 04-05.doc George W. Nickelson, Omi-Means ITEM NO. 4_~ RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING ~ERVICE~ 'CITY CLERK File# AGENDA STATEMENT CITY COUNCIL MEETING DATE: 3uly 20, 2004 SUBJECT: Approval of Amendment to Existing Engineering Services Contract with Omi-Means Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution and Proposed Amendment Letter from Omi-Means Current Agreement and Amendments RECOMMENDATION: ( dopt resolution approving the amendment to the agreement FINANCIAL STA<~ENT: Under the current agreement, Omi-Means provides traffic engineering services to the City based on the adopted rate schedule. Types of services performed are typically peer review or preparation of traffic studies associated with private development projects in eastern or downtown Dublin. The costs of these services are paid for by developers. Per the agreement, the consultant is allowed to request a rate adjustment for the second year of the term. Omi-Means is proposing rate adjustments for Fiscal Year 2004-2005 ranging from 0.0% to 4.8% for classifications currently serving the City. The net effect of the adjustment, if applied to Fiscal Year 2003-2004 hours as invoiced by classification, would be a 2.9% increase. DESCRIPTION: Omi-Means provides general traffic engineering services to the City based on the consultant's adopted rate schedule for FY 2003-2004. The current agreement with Omni-Means expires on June 30, 2005, with the provision that the consultant may request an adjUstment of rates at the end of the first contract year. At this time, Omni-Means is proposing rate increases for the Branch Manager and Traffic Engineer 3 positions by 4.8% and 3.7%, respectively; however, the rate for the Technician 3 will not increase. The average rate of increase is 2.9%. Omni-Means will provide an estimate and obtain written authorization from th~ City before EXHIBIT "A" OF RESOLUTION -04 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND OMNI MEANS FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and 'Omni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on JUne 11, 1996, to provide engineering services to CITY; and WHEREAS, the City CoUncil approved an extension of term until June 30, 2005; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2004-2005; NOW, THEREFORE, the parties hereto agree as follows: Adiustment of Rates The rate schedule attached hereto as Exhibit 1 shall be effective for Fiscal Year 2004-2005 Until termination of agreement on JUne 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by JUne 30, 2005, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or City gives written notice of termination. CITY OF .DUBLIN ATTEST: Mayor City Clerk G:~ngr-c ontract\omni\amendment 04-05.doc EXHIBIT 1 OF AMENDMENT TO AGREEMENT OMNI-MEANS CLASSIFICATION Consultant (Branch Mgr.) Traffic Engineer 3 Technician 3 2004-2005 PROPOSED RATE $173 112 84 g:engr\omni-means\Exhibit 1 amendment 04-05 ENGI NEEBS · PLANNERS February 26, 2004 Ms. Melissa A. Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Billing Rate Comparison (2003-2004 to 2004-2005) Related to Omni-Means' Agreement for Traffic Engineering Services Dear Ms. Morton: The following is a billing rate comparison showing total hours billed during 2003-2004 (through February 20, 2004), 2003-2004 rates/staff titles and proposed 2004-2005 rates/staff titles: Current Rates/Titles 2003-04 2003-04 Total Title Rates Hours Through 2/20/04 Cost 'Branch Mgr. (Nickelson) $165 Traf. Engr. 3 (Galloway) $108 Technician 3 (Tuma) $84 Totals: Tide 50.5 261.0 150.0 Proposed Rates/TRies 2004-05 Total Rates. Hours Cost $ 8,332.50 $ 28,188.00 $ 12,600.00 $ 49,120.50 Percent Increase/Decrease Branch Mgr. (Nickelson) $173 Traffic Engr. 3 (Galloway) $112 Technician 3 (Tuma) $84 50.5 $ 8,736.50 +4.8% 261.0 $ 29,232.00 +3.7% 150.0 $12,600.00 no change Totals: $ 50,568.50 +2.9% 1901 Olympic Boulevard, Suite 120 · Walnut Creek, CA 94596 ~ (925) 935-2230 fax: (925) 935-2247 ROSEVILLE REDDING VtSALIA WALNUT CREEK February 26, 2004 Ms. Melissa Morton Page 2 As indicated in the above comparison Tables, our overall billings are projected to rise by 2.9 %, comparing 2003-2004 rates/hours with the rates/hours proposed for fiscal year 2004-2005. We trust that the City will find these rates/hours acceptable. Please call us if you have any questions or comments. Sincerely, George W. Nickelson, P.E. Branch Manager STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of~V~ [[ ,1996, by and, between the CITY OF DUBLIN, a municipal corporation ("City"), and OMNI-MEANS ("Consultant'), who agree as follows: 1. ~.~C.,.~. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the mariner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. OENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and 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. 7. ..CHANGES. City may from time to time require changes in the sCope of the services by Consul~_nt to be performed under this Agreement. Such changes, including any change in the mount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement 'only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for Consultant shall be GEORGE W. NICKELSON. 9..CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed t° or through the Administrator or his or designee. Agreement Page 1 of 2 O6/O4/96 10. NOTICES. Any written notice to'Consultant shall be sent to: Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as oft. he day first above stated: Approved as to form: CITY OF DUBLIN, a municipal corporation By. I~.~a~t-- ~. ,,City [,..}~,~~----..-"-" City Attorney Page 2 of 2 05/06/96 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE To provide traffic studies, peer review and other traffic related services for private development projects. The scope of studies will be detailed as specific projects are proposed to the City. The consultant shall provide the City with a not-to-exceed fee for each study, peer review, and/or other traffic related review. Exhibit A Page 1 of 1 EXtHBIT B PAYMENT SCHEDULE City shall pay Consultant an amount not to exceed the total sum of SEVENTY THOUSAND DOLLARS ($70,000) PER YEAR for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project based on the cost for services performed on a time and expenses bases. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay.any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment fo[ any extr.a, fu~ e.r or ad~tional se..r~i.'ce pursu~a~ to this Agreement unless such extra service and the price theretor is agreed to in wnung execu by the City Manager Or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price. -The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B page 1 of 1 05/06/96 EXItIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facil, ities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 05/06/96 EXHIBIT D GENERAL PROVISIONS o INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City.. City shall have the fight to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS: ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. TIME. Consultant shall devote such time to the performance of serviCes pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's 'obligations pursuant to this Agreement. INSURANCE REQUIREMENTS. 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 Eonnection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (F,d. 1/73) covering comprehensive General .Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Mil~imum Limits of Insurance. Consultant shall maintain limits no tess than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or thegeneral aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Exhibit D Page I of 4 05/06/96 O) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 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 and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1)' General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees 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 the protection afforded to the City, its officers, officials, employees or volunteers. The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree'to waive all fights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. O) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) All Coverages. Exhibit D Page 2 of 4 05/06/96 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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. Acceptabili _ty of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Fo Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. o CONSULTANT NO AGENT. EXcept as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. P..~g~S_02~:~.~. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during.the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD.. HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the'City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subConsultant. Consultant shall indemnify, defend and hold hannless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a Exhibit D Page 3 of 4 05/06/96 10. I1. c°nstmction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant Shall comply with ali applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. · DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed~hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement, Exhibit D Page 4 of 4 05/06/96 ~,xmm-n,' o~ ~so~o~ 60-~ A~~x ~o A~~X BETWEEN CI~ OF ~Lff AND OMm ME~S FOR ~~IC ENG~E~G SER~CES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to extend the term of'said agreement for an additional one-year period (terminating June 30, 1999); NOW, THEREFORE, the par~ies, hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide .with the end of the 1998-99 Fiscal Year; i.e., until June 30, 1999. Adjustment of Rates Charge rates for utilized personnel categories during the 'contract term shall be as per the rate schedule dated effective December 1, 1996 attached hereto as Exhibit "A". CITY OF DUBLIN "f~ayor EXtHBIT "A" O~ RESOLUTION FOR TRAFFIC E~GIN~ER~G SERVICES _W!tEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and Wlt2EREAS, the City Council approved an extension of term until June 30, 1999; and Wlt'E~AS, Consultant a~ ~..¢ity. 9f Dublin wish to extend the term of said agreement for an additional two-year period ¢~i~a/~!h:~;..~i Now, TttE~FO~, the Parties hereto agree as follows: Extension of Term The term of the agreement shall be extended until June 30, 2001. Adiustment of Rates The rates charged to the City of Dublin shall be as indicated in the letter from Omni-Means dated June 30, 1999; i.e., Consultant $1'42.00 per hour; Traffic Engineer 3 $97.00 'per hour; Project Manager $98.00 per hour; Traffic Engineer 2 $79.00 per hour; and Technician 1 $30.00 per hour. Other rates shall be as indicated on the original 1999 rate schedule. Consultant shall be entitled to submit a request for an adjustment of rates for the second year of the contract term; i.e., 2000-200I .fiscal year. CITY OF DUBLIN OMNI-MEANS . · ! WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omni-Means 0aereinaf~er referred to as "CONSULTANT"), entered into a one-year agreement on Sune 11, 1997, to provide engineering scndces to CITY; and WHEREAS, the City Council approved an extension of term until ~Iu~ 30,200.... .. 1;iand. WHEREAS, Consultant has requested an adjusmient of rates for Fiscal Year 2000-2001; NOW, THEREFORE, the parties hereto agree as follows: Adjustment of Rates The rates charged to the City of Dublin shall be as indicated in tho letter from. Omni-Means dated February 14, 2000; i.e., Consultant $145.00 per hour; Traffic Engineer 3 $100.00 per hour; Project Manager 2 $100 per hour; and Technician 3 $65.00 per hour. Other rates shall be as indicated on the original 1999 rote schedule. The not-to-exceed limit for Fiscal Year 2000-2001 shall be $70,000. CITY OF DUBLIN OMNI;MEANS Date: 7/7/~0 EXIHRIT "A" OF RESOLUTION ~ -00 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND OMNI-MEANS FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, the City Council approved an extension of term until June 30, 2001; and WHEREAS, the City's current workload requires an increase in the not-to-exCeed amount; NOW, THEREFORE, the parties hereto agree as follows: Increase of Not-to-Exceed AmoUnt The not-to-exceed amoUnt for fiscal year 2000-2001 shall be revised to $195,000. G:~Engr-contract[omni~budget amend_ O0-Ol.doc EXHIBIT "A" OF RESOLUTION ]~.~-01 AMENDMENT TO AGREEMENT BETWEEN CITY 'OF DUBLIN AND OMNI-MEANS FOR GENERAL TRAFFIC ENGINEERING' SERVICES WHEREAS, the City of Dublin (hereinafter referred to as ."CITY") and Omni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1996, to provide consulting traffic engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2001; and WHEREAS, Consultant and. the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2003); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to June 30, 2003. Adjustment of Rates The rate schedule attached hereto shall be effective for the 2001-2002 fiscal year. Consultant may propose a further adjustmenrofrates for the second year of the agreement term. CITY OF DUBLIN Mayor OMNI-MEANS Date: G:\Engr-contmcfiomni\amendment01.doe EXHIBIT "A" OF RESOLUTION t~i -02 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND OMNI MEANS FOR TRAFFIC ENGINEERING SERVICES JUN i 2002 WORK WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omi-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1996, to provide engineering services to CITY; and WHEREAS, the City Council approved an extension of term until June 30, 2003; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2002-2003; NOW, THEREFORE, the parties hereto agree as follows: Adjustment of Rates The rates charged to the City of Dublin shall be as indicated in the letter from Omni-Means dated February 13, 2002; i.e., Consultant $150.00 per hour; Traffic Engineer 3. $108.00 per hour; and Technician 3 $74.00 per hour. Other rates shall be as indicated on the original 2001-2002 rate schedule. The not-to-exceed limit for Fiscal Year 2002-2003 shall be $100,000. CITY OF DUBLIN Mayor G:\Engr-contract\omni~ncn dmcnt02-03.doo EXHIBIT "A" OF RESOLUTION l,..~0-03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND OMNI-MEANS FOR GENERAL TRAFFIC ENGINEERING SERVICES wltEREAS, the City of Dublin (hereinafter referred to as' "CITY"). and Omni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1996, to provide consulting traffic engineering services to CITY; and WHEREAS, the term of the agreement was extended to 'June 30, 2003; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2005); NOW, THEREFORE, the parties hereto agree 'as follows: · Extension of Term The term of the agreement shall be extended from July 1, 2003, ~o June 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005, this agreement will then automatically extend until a new agreement or amendment to agreement is entered into or City gives written notice of termination. Not-To-Exceed An upper limit' shall not be established for the dollar value of work performed by Consultant within a given year; 'however, Consultant shall provide a per-task 'estimate and shall be required to obtain written authorization from .City prior to performing tasks under this Agreement. AdjUstment of Rates The rate schedule attached hereto shall be effective, for the 2003-2004 fiscal.year. Consultant may propose a further adjustment of rates for the second year of the agreement tenn. O:engr_contract\omni-means~amendment03 -04 G:kEngr_contracfl0mniXamendment03-04.doc CITY OF DUBLIN // .... MayOr .