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HomeMy WebLinkAbout4.07 TrafficEngrSvc Fehr CTTY CLERK FILE #600-30 AGEN DA STATEMENT CITY COUNCTL MEETTNG DATE: 3uly 2002 SUBJECT: Amendment to Agreement with Fehr & Peers Associates, Inc., for General Traffic Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution and Proposed Amendment 2) Letter from Fehr & Peers dated July 8, 2002 3) Rate Comparison compiled by Staff 4) Current Agreement dated July 1, 2000, with Amendment dated July 3,2001 RECOMMENDATION: Adopt resolution approving amendment to agreement and authorize ~' ~,." Mayor to execute amendment FINANCIAL STATEMENT: Under this agreement, Fehr & Peers provides traffic engineering services to the City based on the adopted rate schedule. Types of services performed would typically be peer review or preparation of traffic studies associated with private development projects in eastern or downtown Dublin. Developers pay for the costs of these services. The rate increases for Fiscal Year 2002-2003 range from 3.03% to 18°75% over Calendar Year 2001, estimating an armualized 8°72% weighted average increase. DESCRIPTION: The City has contracted with Fehr & Peers Associates, Inc., since July 1, 2000, for general traffic engineering services. The services provided to date have been peer review and preparation of traffic studies associated with private development projects in eastern and downtown Dublin. Under the previous two-year agreement with Fehr & Peers, a rate adjustment was allowed after the first year. Although Fehr & Peers previously adjusted their rate schedule on a calendar year basis (January 1 to December 31), this firm did not perform any work for the City in Fiscal Year 2001-2002. Consultant has now agreed to adjust the rates on a fiscal year basis to coincide with the City's accoUnting system. The work provided to date by Fehr & Peers has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the agreement. COPIES TO: Thomas J. Clausen, Fehr & Peers ITEM NO. g:\engr\fehr & peersXagstamnd02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH FEHR & PEERS ASSOCIATES, INC. WHEREAS, the City Council of the City of Dublin approved a one-year agreement for traffic engineering services with Fehr & Peers Associates, Inc. (hereinafter referred to as Consultant), on July 1, 2000; and WHEREAS, the term of the agreement was extended until June 30, 2003, with the provision that Consultant be allowed to request an increase in rates on an annual basis; and WHEREAS, Consultant is requesting an adjustment in charge rates for this contract term; ' NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (rate adjustment) with Fehr & Peers Associates, Inc., which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 16th day of July, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\engr\fehr & peers\resoamnd 02 EXHIBIT "A" OF RESOLUTION -02 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND FEHR & PEERS ASSOCIATES, INCo, FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Fehr & Peers Associates, Inc~ (hereinafter referred to as "CONSULTANT"), entered into a two-year agreement on July 1, 2000, to provide traffic engineering services to CITY; and WltEREAS, 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: Adiustmem of Rates The rates charged to the City of Dublin shall be as indicated in the letter from Fehr & Peers AssOciates, Inc., dated July 8, 2002° For the term of July 1, 2002, through jUne 30, 2003, the rates shall be as liSted in the fee schedule from Fehr &.Peers Associates, Inc., dated "effective 7/1/2002". The not-to-exceed limit for Fiscal Year 2002-2003 shall be $75,000. CITY OF DUBLIN Mayor ATTEST: City Clerk FEHR & PEERS ASSOCIATES, INC. Date: G:\Engr-contract\Fehr & Peers\amendment02-03.doc ......FEHR&PEERS ASSOCIATES, INC. Transportation Consultants 3685 Mt. Diablo Blvd., Suite 301 Lafayette, CA 94549-3763 925 284-3200 · Fax 925 284~2691 fehrandpeer~,com July 8, 2002 Mr. Lee S. Thompson Public Works Director City o £ Dublin City Offices 100 Civic Plaza Dublin, CA 94568 Dear Mr. Thompson: Fehr & Peers Ass°elates is pleased to provide this information regarding our billing rates for the next liscal year (2002-2003). We appreciate the oppoaunity to provide transportation engineering and planning services for the City. The enclosed rate schedule is for your fiscal year fi-om July 1, 2002 through jUne 30, 2003. We adjusted our rates effective July 1, 2002. I am looking forward to meeting with Mr. Ray Kuzbari and you on July 16. If you have any questions or need additional information, please let me know. Sincerely, ~., Thomas J. Clausen, P.E., P.T.O.E. Senior Associate FEHR & PEERS TRANSPORTATION CO N 5 U I-'I'AN 1'$ FEHR & PEERS ASSOCIATES, INC. Hourly Billing Rates for City of Dublin On*call Services Classification Hourly Rate Senior Principal $180.00 Principal $135.00 Senior Associate $170.00 Associate $130.00 Senior Engineer/Planner $120.00 Engineer/Planner $ 95.00 Senior Technical Support $ 85.00 Administrative Support $ 75.00 Technician $ 75.00 Intern $ 55.00 Note: Reimbursable expenses are invoiced at cost plus 10% for handling including the following: Reproduction work at $.07 per sheet Plotter / Computer use at $10 per hour Personal auto mileage at $.365 per mile Communication Expense (Telephone, fax, E-mail, etc.) effective 711/2002 FEHR & PEERS RATE COMPARISON FOR 2002-2003 Hours by classification used are based on actual for FY 2000-2001 (no hours in FY 2001-2002) Proposed Rate Adjustment for FY 2002-2003 RATE FOR RATE FOR 1/1/01 to 7/1/02 to CLASSIFICATION HOURS 12/31/01' COST 6/30/03 COST INCREASE % CHANGE Admin. Assistant 4.5 65 292.50 75 337.50 45.00 t5.38% Sro Technician 75 75 5,625.00 85 6,375.00 750.00 13.33% Engineer 107 80 8,560.00 95 10,165.00 1,605.00 18.75% Sr. Associate 30.5 165 5,032.50 170 5,185.00 152.50 3.03% Cumulative 19,510.00 22,062.50 2,552.50 13.08% ** * rate in effect when Agreement of 7/1/01 was extended for 2 years (rate was for calendar year 2001) ** These increases are for an 18-month period. The annualized estimated cumulative increase is 8.72%. STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, CalifOrnia, as of Suly 1, 2000, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Fehr & Peers Associates, Inc. ("Consultant"), who agree as folloWs: lo SERVICES. 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 manner 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 ~erms and conditions set forth in Exhibit C. 4. GENERAL 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 Consultant to be performed under this Agreement. Such changes, including any change in the amount 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 each 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 approved by the City prior to work commencing. Agreement Page 1 of 2 06/13/00 9. CONTRACT ADMINISTRATION. This Agreement shall'be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant shall be sent to: Thomas J. Clausen, P.E., P.T.O.E. Fehr & Peers Associates, Inc. 3685 Mt. Diablo Blvd., Suite 301 Lafayette,~ CA [}4549,3763 Any written notice to City shall be sent to: Lee S. Thompson l Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a munic~c~o~rp°ra~?~//~,d/ By ' q) v - t.j "City" By # - "C'onsultant" Approved as to form: City Attorney Agreement Page 2 Of 2 06/13/00 -. EXHIBIT A SCOPE OF SERVICES AND SCHEDULE Provide traffic impact studies of proposed developments and provide general traffic engineering and transportation planning services over a period of one year from July 1, 2000 to June 30, 2001, as requested and authorized by the City in writing. The scope of studies of proposed developments 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 06/13/00 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant for work to be performed pursuant to this agreement at the hourly rates attached herein for an mount not to exceed the total sum of SEVENTY FIVE · THOUSAND DOLLARS ($75,000) PER YEAR, over a period of°ne year from July 1, 2000 to June 30, 2001. Consultant. shall submit invoices monthly based on the cost for services performed on a time and expenses basis and in accordance with the cost estimate for each project. 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 for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed 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 anal all claims for damages or compensation arising under this Agreement, provided this sentence shall not preclude recovery by consultant of compensation due under the provisions of 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 06/13/00 EXHIBIT 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 facilities 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 06/13/00 EXHIBIT D GENERAL PROVISIONS 1. 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 tight to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. 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. 3. 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 Agreement2 4. 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 connection 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% bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 coveting 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. 1/75) covering Automobile Liability, code I "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. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: Exhibi~ D Page 1 of 5 06/13/00 · " (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 the general aggregate limit shall be twi? the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) 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. Co 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. D. 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. (b) 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. · (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Exhibit D Page 2 of 5 06/13/00 (d) 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 insurers liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. (3) 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. 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 00) days prior written notice by certified mail, return receipt requested, has been given to the City except in the event of non-payment of Premium in which case'ten (10) days notice will be given. E. Acceptability_ of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this danse. 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 ali required insurance policies; at any time. H. 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. 5. 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. Exhibit D Page 3 of 5 06/13/00 6. 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. 7. PERSONNEL. 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. 8. 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 insmunents of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, lb-st class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 9. HOLD HARMLESSAND 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, to the extent of the negligent performance or character of the work, Unforeseen difficulties, accidents, occurrences or other causes predicated on active negligence of the Consultant or of his subconsultant.. Consultant shall indemnify, defend and hold harmless 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 to the extent 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 construction 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. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. 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, Exhibit D Page 4 of 5 06/13/00 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 5 of 5 t)6/13/00 RESOLUTION NO, 10~ - Ol A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH FEHR & PEERS AssoCIATES, INC. WHEREAS, the City Council of the City o£Dublin approved an agreement for general traffic engineering services with Fehr & Peers Associates, Inc., on ~Iuly 1, 2000; and WHEREAS, the term of the agreement is proposed to be extended until June 30, 2003, allowing Fehr & Peers Associates, Inc., to request an adjustment of rates after six (6) months and after eighteen (18) months of the term; ~ NOW, TI-1F. REFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the' amendment to the agreement (extension of term) with Fehr & Peers Associates, Inc., which is attached hereto as "Extfibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 3rd day of July, 2001. AYES: Councilmembers Lockhart~ McCormick, Oravetz, Zika and Mayor Houston NOES: None ABSENT: None ABSTAIN:None ..~ ' ~~ Mayor K/G/7-3-O1/reso-tenr~;peers.do¢ (Item 4.4) g~engrfehr & pecrslr~soame~nd01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND FEHR. & PEERS ASSOCIATES, INC~ FOR GENERAL TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Fehr & Peers Associates, Inc. (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on July 1, 2000, to provide general traffic engineering services to CITY; 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. CITY OF DUBLIN FEHR & PEERS ASSOC[ATES, INC. g:engr\fchr & peers~ancndment01 G:kEngr-contract~l%hr & Pcers\amendment01.doc