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HomeMy WebLinkAbout7.1 Engineering Contract Review CITY OF DUBLIN AGENDA STATEMENT i CITY COUNCIL MEETING DATE: July 11, 1988 SUBJECT: Engineering Contract Review (Santana &. Thompson) (TJKM) EXHIBITS ATTACHED: 1) Letter from Mr. Peter Santina dated June 30, 1988 (with attachments) 2) Current Santina & Thompson Agreement dated July 1, 1985 and the Amendment adopted March 2, 1987 3) Proposed Santina & Thompson Agreement 4) Letter from Mr. Lee Thompson dated June 15, 1988 relating to the review of TJKM 5) TJKM self-evaluation and proposed revised hourly rate schedule. 6) Current TJKM Agreement (October 14, 1985 with Amendment effective July 1, 1987) 7) Proposed TJKM Contract Amendment RECOMMENDATION: 1) Review the services of Santina & Thompson and TJKM. 2) Approve revised agreement with Santina & Thompson and authorize Mayor to execute. 3) Approved amendment to agreement with TJKM and authorize Mayor to execute. FINANCIAL STATEMENT: See Below. DESCRIPTION: The Engineering function falls into distinct areas of expertise. The firm of Santina & Thompson has provided the City with a variety of professional Engineering Services since February, 1983. These services have included City Engineer, Development Review, Capital Project Design and Inspection, and other related duties. The provision of Traffic Engineering Services are provided by the firm of TJKM. Originally, TJKM functioned as a subcontractor under the Santina & Thompson agreement. In 1985, the City entered into a separate agreement with each consulting firm. The format used to review the performance of each agreement is similar. Each contractor has prepared a self evaluation of their performance. The Staff report will serve to highlight pertinent sections of the information. In addition, the current agreements and proposed agreements are attached for your review. Engineering (Santina & Thompson) Background In 1987, the City Council approved a reorganization of the Public Works/City Engineer functions. This reorganization was approved to achieve greater cost savings in the provision of Public Works, provide centralized control of the Public Works function, to provide additional professional engineering expertise to the City, and to relieve the City Manager's office of the required day-to-day administrative overview of Public Works contract activities. The key elements of the reorganization involve the recruitment of a Public Works Director/City Engineer and a Public Works Inspector. The reorganization also provided for the appointment of a Santina and Thompson employee as Assistant City Engineer to work on a part-time basis for the City. As indicated at the time of the proposed reorganization, the City Manager anticipated that the recruitment for the Public Works Director position would ---------------------------------------------------------------------------- COPIES TO: Peter Santina, Santina & Thompson Chris Kinzel, TJKM ITEM NO. o '1 be a time-consuming process due to the competitive market for engineering services. During 1987-88, the recruitment for the Public Works Director position was completed, and Mr. Lee Thompson was appointed as Public Works Director/City Engineer effective July 18, 1988. The recruitment for the Public Works Inspector position had been partially completed but was delayed by the appointment of the Public Works Director. The evaluation of the engineering contract services for Fiscal Year 1987-88 should be done in the context of a contract that is in transition due to the reorganization. As part of that evaluation process, Mr. Peter Santina has completed a self-evaluation of the Santina and Thompson engineering contract. The evaluation is attached to Mr. Santina's letter dated June 15, 1988, as Exhibit A-1. The evaluation identifies major activities undertaken and the results of those activities. Those areas of particular interest are discussed further in the following paragraphs. Meeting Attendance The initiation of regular meetings with MCE Maintenance Staff and a Traffic Safety Committee have improved communications related to issues during the past year. It is anticpated that the City Engineer will continue to coordinate these meetings and will facilitate communication between the various contractors. Review and Comment on Traffic Impact of Developments Although projects outside the City will not be affected, Staff is recommending as a capital project in 1988-89, an Infrastructure Impact Fee Study. Once this project is complete, an established standard will be available to relate to projects. Once the scope of the study is determined, Staff will recommend the appropriate consultant or team to prepare the report. Funding Methods Mr. Santina's evaluation identifies the various funding obtained through the efforts of their personnel. It is important to note that the FAU funding represents two types of transactions. Santina & Thompson has been successful in obtaining funds for projects selected from this area. Also, FAU funds from other agencies have been purchased at a discounted rate. The following Table highlights the firms experience in obtaining this type of funding: FAU Funds obtained from Alameda County process: $1,446,000 FAU Funds purchased from other agencies: $1,803,997 Cost to City for FAU Funds from other agencies: (1,352,998) Direct savings to City from discounted purchases: $ 450,999 The FAU Funds were purchased from the other agencies at a rate of 75p- for each dollar of special funds. The combination of the direct savings and the FAU grants from the local process totals $1,896,999 in special funds. This does not include the monies being negotiated from the Cities of Benicia and San Luis Obispo. Santina & Thompson has provided the City with a definite cost savings through these arrangements and it has directly reduced the amount of General Funds required to construct the projects. Minor Traffic Studies Santina & Thompson has reviewed most developments with larger projects and major studies being conducted by TJKM. It is anticipated that the City's Public Works Director may need to reconsider the exclusion of TJKM on smaller projects. (See comments under TJKM's self evaluation and Staff commments below. ) Private Development Review Staff would concur that much of the services associated with the review of Parcel Maps and developments will be reduced in the upcoming year. Many of the larger developments have approved development plans. The use of a -2- .. tr41�-. .., r♦ ".r .r"L.� ...:.ey y"4r'..:.+'+y:nG.:../.... .fin.,. _. .... _.._ l .:3+1fU^„ln»,::Y..WN..+.s,wf.WUU.(w:wa.....'.v4<1waA.+,i:+uA4.W.YA.iSw.+IWS!'FAes.'xffi.A/.N'IfLA'.�.i.�:.:..✓F a.........;T.rNI.. c.+Mt—i�:f,... .... . Contract Engineering Firm has allowed the City the opportunity to process previous applications in a timely manner. This type of fluctutation activity is difficult with a set number of City Staff. i Costs The following table identifies the historical breakdown of Engineering costs under the Santina & Thompson Contract. The breakdown identifies costs by major categories: TABLE I Historical Engineering Costs ! (Santina & Thompson) Actual Estimated Recommended 1986-87 1987-88 1988-89 General Engineering/Inspection $ 82,259 $ 136,630 $ 35,000 General Engineering/Inspection Paid By Outside Fees 337,146 221,700 200,000 Capital Project Engr./Inspection 452,377 354,900 226,600 Assessment District Engineering 10,722 15,000 13,500 Pavement Management Program 26,907 0 0 $ 909,411 $ 728,230 $ 475,100 As noted in Mr. Santina's letter the cost of Engineering Services has decreased during the past two years. In addition to the impact of private development, the need for Capital Project Design Services also decreases once the project is designed. It should also be noted that on the Park Development Projects the design was completed by another firm under separate contract, although Santina & Thompson did provide construction management and inspection services once these projects were under construction. Capital Improvement Projects Exhibit A-5 to Mr. Santina's letter outlines the financial history of the various capital projects since the last performance evaluation. Of the seven completed projects, the following breakdown shows the consolidated estimates and cost of the combined projects. Capital Projects Combined Construction Cost Data Construction Budget $1,269,000 Engineer's Est. @ Bid Time $1,303,060 Low Bid $1,080,073 Final Cost (including changes) $1,151,214 The primary changes between the low bid and the final cost are mostly attributable to two projects. On the Dublin- Boulevard Interconnect Project, the City received a favorable price on the controller element. Therefore, the contract was amended to provide controllers which will be required to link other intersections within the City in an upcoming project. The second project was the overlay project which also had a favorable unit price for the work performed. This allowed the City to add additional locations. Overall, the fact that these projects were constructed within the budget is reflective of the efforts made by Santina & Thompson. The Engineering Design & Inspection cost for the same projects has been consolidated below. Engineering Costs Budgeted $197,000 Final Total Engineering Costs $208,635 % Above Budget 5.9% It is understandable that construction costs will vary from the estimate. These are subject to external factors within the public bidding environment. However, the associated Engineering Costs should be understood by the Consultant prior to the conclusion of the job. Staff believes that this -3- J4TY�'isl�:'l,'.'"�,4r14ifyL`H�.��•++�i�:�ff1ii�;Y:F9NU�j'"./.'tmW•.,ay. s.s':L'ar.L.:.Y.'�Gr.'.Y.N::s:r:'.:.t;+.;c:,a'.FfcY`-a+aw`�-0.+.+.,....x,s:raka:r,.*,e.:.i we:.:.�w.n:rz.,w:awrr.H.evcwsWice.,•=:i.,x::+is'•7F4X'S"cotrv4.:3Y+.eas,.w:..aw-;w.r.:.rww.. ... ._ element of performance can be addressed in the revised agreement. Agreement As noted in Mr. Santina's letter, it is their intent to maintain the same rate schedule as is currently in place. The major purpose of developing a revised agreement is to address changes in the scope of work. Since the City will be directly providing the statuatory responsibilities of City Engineer, the scope has changed in a substantial manner. Exhibit B-1 to Mr. Santina's proposal identifies the proposed staffing and terms the firm would propose in a revised agreement. Staff would recommend that the major portions of the current agreement remain intact. This would include the stipulation under Section IID which states that "Consultant shall provide no services for any client other than the City within the corporate boundaries or sphere of influence of the City during the term of the agreement." Staff would also recommend restructuring the budgeted Engineering Costs associated with Capital Improvement Projects. It would be intended to establish an Exhibit which identifies the maximum amount billable on each capital project. Additional costs would only be paid upon amendment of the Exhibit. Staff has prepared a revised agreement attached to this package for Council consideration. Staff would recommend that the City Council provide any additional input and comments on the Engineering Services provided by Santina & Thompson. Traffic Engineering (TJKM) Staff has separated the materials related to Traffic Engineering Services from the Santina & Thompson Letter. The TJKM materials are following the transmittal letter dated June 15, 1988 from Mr. Lee Thompson. Again, the focus of the Staff Report will be to highlight pertinent information in the self evaluation prepared by Mr. Chris Kinzel. Contract Compliance As noted in the self-evaluation, improvements have been made in the coordination and completion of work. In part, these have been accomplished through the consistent assignment of personnel involved with the Dublin Contract. In addition, the regular Traffic Safety Committee meetings have assisted in addressing problems related to traffic. This basically relates to a higher level of service and the cost impact will be reviewed below. Costs The following tables highlight the historical costs and hours of service. Mr. Kinzel's analysis does not include review of the 1986-87 data. Traffic Engineering (TJKM) Historical Cost Information (EST.) BUDGET 1986-87 1987-88 1988-89 General Traffic Engineering $ 52,417 $ 50,000 $ 50,000 Developer Related - Pd. by Outside Fees 9,491 13,500 20,000 Capital Projects 43,377 36,000 15,000 TOTAL $105,285 $ 99,500 $ 85,000 The major study noted in 1986-87 was the Silvergate Drive Study. This evaluated traffic flow following the build out of new residential I developments. Also, included in the Developer related projects was the Hansen Hills Development Study. This project alone accounted for 265.5 hours or, 75% of -4- .. ... •. .:v,4.,..ax:,ui. ....,:..:.. -..kv.. ....:.s... r ......i.. .. ..... .�.. ..... . .. ..- «.-.aa.....+ .........,....•. ,ri:.+_+..:w.a...... ... the services shown in this category. The actual expense was recorded as part of the Planning Budget Contract Services. The category which has a major increase is the General Engineering secfion. This is reflective of the issue discussed above regarding a more coordinated response to traffic problems. In addition, the Traffic Safety Committee is attempting to identify problems prior to them being brought up in a public meeting. It is important to note that TJKM has accomplished this without significantly impacting the composite hourly rate. This is an averaged hourly rate. As noted by Mr. Kinzel, he has attempted to have work performed at the least costly level, while still assuring adequate supervision and review. Proposed Agreement Mr. Kinzel has requested a rate increase of approximately 2.6 percent. The final page of his letter identifies the proposed rate schedule. The listed rate would apply to all capital improvement projects, or, projects funded by private development. For General Traffic Engineering and other studies, the City would pay approximately 80% of the listed rate. Mr. Kinzel has also discussed his firm's involvement with the BART project. He has indicated that this firm will not be involved with the BART extension EIR. This will assure that they will be capable of representing the City's interests in reviewing and commenting on the adequacy of the EIR. Proposed Changes to Level of Service Mr. Kinzel has recommended that additional consideration be given to some of the on-going traffic maintenance activities. It would appear appropriate for items of concern to be addressed as part of the Traffic Safety meetings coordinated by the City Engineer. He has also discussed the need for more attention to be paid to traffic control performed by contractors within the public street. It would seem appropriate for TJKM to discuss proper techniques with the City Public Works Inspector, once this position is filled. A set of basic standards should then be enforced by the Inspector concerning the proper signing, barricade placement, etc. , for all work conducted in the public right-of-way. Mr. Kinzel's final concern relates to the review of minor development plans. This issue was also discussed in the Santina & Thompson review above. He has indicated that the review of both private development plans and capital projects may assist in improving the final product. In the case of minor developments, it may reduce future problems from driveway locations or other impacts. For example, the need for a parking restriction next to a driveway may be installed as part of the development instead of after the actual problem becomes noticeable. Mr. Kinzel has indicated that the time required would be relatively minimal. Staff would recommend that the Public Works Director/City Engineer consider this broader distribution of plans. It is possible that once the City Engineer observes the general types of comments, that these will become regular conditions and further reduce the time spent by TJKM consultants, reviewing development plans. Conclusion Staff would recommend that the City Council review TJKM's performance and provide appropriate input. Staff has prepared an amended agreement which reflects the proposed rate increase. TJKM also is involved in Captial Projects. Therefore, a separate Exhibit identifying maximum Engineering Design Project costs as discussed in the Santina & Thompson Agreement will be developed on a project-by-project basis. The amended agreement is attached to this package for Council consideration. -5- SA V TINA & EN SUGINEERING RVEYING cc N PLANNING T E H®MPVO , INC. CONSULTANTS 1040 Oak Grove Road, Concord, California 94518 (415)827-3200 June 30, 1988 Mr . Richard Ambrose, City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 RE: Self Evaluation of Services and Fiscal Year 1988-89 Proposed Services Dear Rich: This document is in response to your letter of March 25, 1988 and your subsequent conversations with Lee Thompson. The specific documents requested are delineated at the end of this letter. The amount of service that we have provided to the City has decreased during the last few years. We expect this trend to continue as the City adds direct staff and as the rate of private development in the City decreases. It has been our ability to respond to the large changes in staffing require- ments with experienced people that has, we believe, allowed the City of Dublin to be so successful with the control of private development and with the many capital improvement projects that have been completed. The quality of our work generally exceeds the standard quality of the industry, and we have been able to provide this quality efficiently and at little cost to the City. A large portion of our work is totally paid for by developer/applicants. Also, Santina & Thompson, Inc. has successfully assisted the City to obtain over two million dollars in outside funding. tide have organized the documents that you requested in the following manner: Exhibit Al is Santina & Thompson Inc.' s Self Evaluation of Services . Exhibit A2 is a comparison of engineering costs for Santina & Thompson, Inc., presented in tabular form. Corporate Headquarters In Concord Mr. Richard Ambrose June 30, 1988 Page Two i Exhibit A3 is a financial history of the City' s Capital Improvement Projects presented in tabular form. Exhibit B1 is a description of our proposed services for the fiscal year 1988-89. Exhibit Cl is TJKM' s response to your request for their contract review and proposal information. We asked Chris Kinzel of TJKM to prepare this document. Thank you for the opportunity to serve the City of Dublin. Should you have any questions regarding the information contained herewith please do not hesitate to contact me. Si ely, Peter F. Santina PEH: rc Enclosures � 1 EXHIBIT A-2 FISCAL YEAR COMPARISON SANTINA AND THOMPSON ENGINEERING COSTS r 1986-87 1987-88 1988-89 General Engineering $ 82,259 $ 136,630 $ 35,000 Assessment District Engineering 10,722 15,000 13,500 Private Development Plan Checking and Inspection 337,146 221,700 200,000 Capital Projects Engineering and Inspection 452,377 354,900 226,600 Pavement Management Program 26,907 0 0 . TOTALS: $ 909,411 $ 728,230 $ 475,100 CAPITAL IMPROVEMENT PROJECTS EXHIBIT A - 3 FINANCIAL HISTORY CONTRACT PROJECT APPROVED BUDGET ENGR. EST. AMOUNT UNDER CCNSTRUCTION FINAL ENG. NUMBER NAME PRIOR TO BID PRIOR TO BID LOW BID ENGINEERS EST. COST COST 86-4 SIERRA CT. (C) 210,000 230,000 197,530 32,470 209,188 62,937 SIGNAL (E) 50,000 86-7 SIERRA CT. (C) 525,000 524,983 480,495 44,488 492,311 55,846 EXTENSION (E) 63,000 87-1 DUBLIN BLVD. (C) 153,000 149,600 98,800 50,800 119,318 43,498 INTErmNNDCT (E) 42,000 87-2 ANNUAL (C) 282,000 299,967 223,103 76,864 249,002 21,561 STRESP OVERLAY (E) 18,000 87-3 SLURRY SEAL (C) 32,000 32,000 24,402 7,598 24,625 7,879 W. 8,000 87-4 SIDEWALK (C) 41,000 40,010 38, 507 1,503 39,732 8,729 REPAIR (E) 9,000 87-5 CAMP PARKS (C) 26, 500 26, 500 17,326 9,174 17,038 8,185 FENCE (E) 7,000 87-8 DUBLIN BLVD. (C) 125,000 88,479 76,142 12,337 NOT COMPLETE NOT COMPLETE AT CLARK (E) 18,000 88-1 MAJOR ARTERIAL (C) 392, 100 462,600 510,478 < 47,878> NOT COMPLETE NOT COMPLETE SOUK EWALL (E) 65,900 88-3 SIDEWALK REPAIR/ (C) 115, 500 115,500 104,417 11,083 NOT COMPLETE NOT CCMPL HANDICAP RAMP (E) 20,100 88--4 OVERLAY BIKE (C) 447,500 512,400 369,429 142,971 NOT COMPLETE NOT COMPLETE PATH (E) 49,000 88-5 SLURRY SEAL (C) 42,000 42,000 31,990 10,010 NOT COMPLETE NOT COMPLETE (E) 8,000 (Thru 87-5) (all) (all) (all) AThru 87-5) (That 87-5) TOTALS (c)1,269,500 2,524,039 2,172,619 351,420 1,151,214 208,635 (E) 197,000 1,466,500 1,359,849 r t � SUMMARY 1 ) For all ten projects bid since Jan, 1987 (2-1/2 years), plus 2 that were unfinished on the previous year analysis, the sum of the low bids is $351, 420 less than the total of the engineer' s estimate of $2, 524, 039 or an average of 13.9% under the engineer' s estimate. Only one project exceeded the engineer's estimate. 2) For the five projects which have been completed since January, 1987 plus the two 1986 projectswhich were not finished at the time of last years contract revision: a. The actual engineering design and inspection work exceeded the budget by a total of $11, 635 or about 5.9%. b. The sum of the actual cost of construction work was $118, 286 less than that budgeted or about 9.3% under budget. C . The sum of the total cost of the projects (design, construction and inspection) was $106, 651 less than that budgeted or about 7.3% under budget. EXHIBIT A - 1 SELF EVALUATION OF SANTINA & THOMPSON, INC. 'S SERVICES I. Contract Compliance - The following is a listing of Santina & Thompson, Inc.' s contract duties together with comments regarding our compliance. A. Administrative Duties 1. Perform the statutory responsibilities of City Engineer. We have performed the statutory respon- sibilities delegated to us on a routine basis. We review and sign such documents and reports as Final Subdivision Maps, improvement plans, grading plans and capital improvement projects. Some of these duties will be transferred to the City' s Public Works Director/City Engineer for the upcoming fiscal year. 2. Analyze the City' s traffic engineering needs and recommend programs to the City Manager consistent with the economic capabilities of the City. Many of the traffic engineering related programs have been recommended by our firm. Some of these programs were implemented thru the five-year capital improvement program. One initial recommendation was for the study of the arterial street system of the City. Later recommendations include the extension of Dublin Boulevard, circulation network studies for the east and west expanded planning areas and major connection studies such as the Golden Gate/Regional Street connection. We expect many of these tasks will be transferred to the City's Public Works Director position. 3. Attend meetings with City Staff, public officials, community leaders, developers, contractors and the general public as required by the City. We attend various meetings on a routine, daily basis. Our firm has initiated meetings with MCE to coordinate engineering and maintenance work, and has established semi-monthly traffic safety committee meetings. We chair a monthly underground utility committee meeting. 4. At the discretion of the City, review and comment on planning programs and land development projects which are not only located within the City, but also located outside the City and which may have a traffic impact on the City. Most of this work has been the review and comment on developments within the City. On major projects, we have identified offsite impacts and have recommended reasonable off-site improvements for these major projects, 1 thus reducing the need for City funded projects. We expect to continue this duty utilizing our employee serving as your contract Assistant City Engineer. 5. When directed, supervise . the accounting of State Highway user funds from the standpoint of meeting State requirements for the expenditure of such funds. We been asked to and have provided data for the annual state road report for the City. We have kept records for FAU projects and have aided the federal auditor on the City' s federally funded projects as well as for the SB300 projects. 6. Advise the City Manager as to engineering and con- struction financing available from other govern- mental agencies and when so directed, prepare and initiate application for such fundings. We have been successful in preparing applications, negotiating and obtaining the following grants for the City of Dublin: a) $264, 000 of FAU funding for San Ramon Road Phase II. b) $153, 000 of FAU funding from Madera for San Ramon Road Phase II cl $182, 000 of FAU funding for Amador Valley Blvd. improvements d) $150, 000 of FAU funding from Foster City for Amador Valley Blvd. improvements e) $500, 000 of FAU funding for San Ramon Road Phase III f) $30, 000 Office of Traffic Safety grant for the traffic safety sign and marking inventory program g) $160, 000 (in 3 project grants) of MTC bike/ped monies for a bike path on Dougherty Road and for additional miscellaneous handicap ramps h) $10,400 of FETSIM grant funding for the timing of traffic signals on the interconnected Dublin Boulevard system i) $500, 000 of FAU funding for San Ramon Road Phase IV j) $40, 000 of FAU funding from Benicia for San Ramon Road Phase IV 2 k) $107, 500 of FAU funding from San Luis Obispo for San Ramon Road Phase IV Further, we have developed projects and processed funding for the FAU monies left over from pre- incorporation, all available Block Grant funds including advances on future years, and underground utility Rule 20 funds including an advance for the next 8 years. The SB 300 funds were incorporated into previously approved capital improvement projects. 7. Recommend ordinances and regulations pertaining to engineering matters. We have participated in the program to update the municipal code in matters relating to engineering and traffic. Ordinances that address specific engineering and traffic matters have also been prepared and recommended for City Council approval . , 8. Establish working relationships and coordination with public agencies and private utilities involv- ing engineering matters affecting the City. We established the Underground Utility Committee five years ago and continue to be active in committee activities. We also attend ACTAC and ACTAC Audit Committee meetings. 9. Provide special engineering reports as to such related matters as minor traffic studies, assess- ment district formations, annexations etc. , when so requested. We perform minor traffic studies in- house and refer larger studies on to TJKM. We have processed one construction assessment district and three maintenance assessment districts and are providing preliminary engineering studies on a proposed assessment District for the extension of Dublin Blvd. 10. Administer and review issuance of encroachment and grading permits. We established permit forms and processes and have administered this program throughout our association with the City. B. Traffic Engineering Duties 1. Give direction to and assist City staff in per- forming minor traffic studies as necessary and/or required. Santina & Thompson, Inc. reviews minor traffic problems and refers full studies on to TJKM when necessary. The establishment of the Traffic Safety Committee, now that we have two full time traffic officers, has reduced the number of referrals and many of the traffic requests. These items can now be handled on an informal basis with 3 the committee. The committee has assisted us in identifying problems before they become complaints. 2. At the request of the City, recommend solutions to street design problems. Most of the street design problems were addressed under Santina & Thompson, Inc.'s and TJKM's arterial street plan line studies and are being implemented thru the City' s Capital Improvement Program. 3. Provide general engineering consultation in con- nection with traffic circulation, street signs, noise impact, etc. These activities are split. Minor studies are addressed by Santina & Thompson, Inc. and major studies such as the Downtown Study are performed by TJKM. C. Development Review Duties Review proposed private developments, perform statu- tory functions as City Engineer in these reviews, provide field inspection, and recommend acceptance of public improvements condensed duties). Santina & Thompson, Inc. has performed these duties on a routine basis. Our plan check activities have been performed timely. Our review of tentative designs have been conducted in order to reduce future City maintenance costs and to minimize the construction impact on existing adjacent neighborhoods. Many of statutory requirements of the City Engineer will be transferred from Santina & Thompson, Inc. to the City of Dublin this upcoming fiscal year. In general , we feel that we have met all our contract compliance requirements as enumerated above -and we have performed these duties in a professional , timely manner . We endeavor to make improvements as opportunities arise. We believe that private development will decrease over the next year and continue to decrease until projects now in the preliminary planning stage proceed through the planning process. The City will require less staff for plan review and project inspection. D. Capital Projects Aid in development of a capital improvement program, preparation of construction documents and provide con- struction inspection and contract administration condensed duties). Santina & Thompson, Inc. has assisted the City in the development of a five-year capital improvement program and has been active in each year' s update of the program. This work has included the assessment of the City' s needs, especially in the 4 area of transportation; identifying projects; esti- mating costs of these projects and, in conjunction with the City Manager and revenue projections, prioritizing these projects for a five-year period. We have implemented these projects through the preparation of bid documents and construction administration. Near construction are two large projects. These are the San Ramon Road Phase III project and the signal/median landscape project on Amador Valley Blvd. and on Village Parkway. We have been very active in the continued development of the capital improvement program. We have been successfully in seeking outside funding in order to stretch the Dublin improvement dollar. These outside funds have amounted to almost 2.1 million dollars. This year we have designed and advertised all the capital improvement projects approved by the Council except the bus shelter project ( to be performed by LAVTA) and the City entrance signs project. The San Ramon Road Phase III project was delayed because of the need to rebid the associated soundwall project. E. General Conditions and Designation as City Engineer Provide toll free telephone number, regular office hours, no services to any client within Dublin bound- aries and Lee Thompson as City Engineer. (duties con- densed . Santina & Thompson, Inc. has met all of the general conditions during the life of our contract with the City. Lee Thompson has established Monday, Wednesday and Friday as regular office hours and has attended meetings and has been available at other times as required. We have met all other general conditions in our contract including insurance requirements. The City Engine-ar related tasks will change during the upcoming fiscal year. The City will take over the City Engineer functions. II Availability Lee Thompson has maintained regular business hours and has been available by telephone or in person as needs arise. Santina & Thompson, Inc. has responded to the changing manpower needs of the City. 5 Normally, twenty-five phone calls per day are received and acted upon by the staff provided by Santina & Thompson, Inc. III Responsiveness We have attempted to meet the requests and the demands of the City administrator, the general public, and the developers in a timely, efficient and sensitive manner. IV Cost Effectiveness A. Control Project Costs Our inspectors and project engineers continuously analyze projects from a financial perspective. We have emphasized the cost saving aspects of capital improvement projects. We have extended certain items of work during construction in order to take advantage of particularly low unit prices whenever opportunity arise . B. Ability to Obtain Grants Our success in obtaining grants for studies and capital improvement projects, together with private development fees obtained directly for much of our service, has rendered Santina & Thompson, Inc.' s work very inexpensive for the City. We continually attempt to be as cost effective as possible in the performance of our contract work. V. Capital Improvement Program Development and Implementation Santina & Thompson, Inc. was very instrumental in the establishment, updating and implementation of the five- year capital improvement program. Santina & Thompson, Inc. has managed over thirty capital improvement projects totaling over eight million dollars in construction costs. Except for a few .cases that were beyond the control of staff (San Ramon Road Phase I project was a small job bid at a time when contractors were extremely busy and only one high bid was received. The Village Parkway Soundwall project received only one high bid from a joint venture contractor composed of two contractors that normally bid competitively. The San Ramon Road soundwall project did not receive a bid from any precast soundwall contractor that normally proposes low bids) the City has not only received good competitive bids on these projects, but perhaps more importantly not a single claim from the many construction contractors concerned has been lodged against the City. This has 6 . r been due to two major reasons.. 1) Bid documents have been clear and complete in spite of the fact that outside funding had been utilized on many of these projects and complicated and unclear federal and state guidelines had to be met. Meeting these guidelines increased the difficulty of producing clear and concise bid documents. 2 ) The inspection staff has done a remarkable job of recognizing potential problems during construction and taking the appropriate action to resolve difficulties before they become unmanageable and result in litigation against the City. Santina & Thompson, Inc. is experienced in public works projects and recognizes the differences between private and public sector work. It is a result of this experience and expertise that the City has achieved the high level of success regarding its capital improvement program. 7 r EXHIBIT B - 1 Santina & Thompson, Inc's. Proposal for Services in Fiscal Year 1988 - 89 Santina & Thompson, Inc.' s proposal for the upcoming 1988-89 fiscal year is presented as follows. This proposal has been presented in the format requested by the City and is contingent upon the execution of a formal contract between Santina & Thompson, Inc . and the City of Dublin. a. CONTRACT TERM - we propose to continue our term of contract to coincide with the City' s fiscal year, beginning July 1, 1988 and ending June 30, 1989. b. PROPOSED HOURLY RATE - Our proposed rate schedule is attached to this document. Our hourly charge rate is the same as last fiscal year and we propose no increase in hourly rates this year. C . SECTIONAL PAY RATES - We propose to keep our discount percentage for the various categories of work the same as last fiscal year. It is our understanding that our inspector will be primarily inspecting private develop- ment work and the inspection of capital improvement projects will be performed primarily by the City' s inspector. d . INSURANCE LIMITS - We propose no increase in charge rates due to insurance costs for the upcoming fiscal year. our insurance limits will not change from last year. We propose $500, 000 for errors and omissions insurance and $1, 000, 000 general liability insurance. e. STAFFING - We understand that the City of Dublin will provide the employee to serve as the City Engineer and will provide an employee to perform the duties of an inspector. The following table presents the staffing level that will be provided to the C.ity for those positions that will work out of the City of Dublin' s offices. Assistant City Engineer (Sr. Engr. level) 3/5 man year Public Works Inspector 1 man year Resident Engineer ( for FAU projects) 1/5 man year 1 We anticipate that we will continue to provide engineering plan checking services and capital improvement design work service from our Concord of f ice. The plan review work would be on a time and materials basis and the capital improvement design work would be on a time and materials basis with a limiting maximum fee negotiated for each project. 2 SANTINA & THOMPSON, INC. PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1988 PRINCIPAL . . . . . . . . . . . . . . . . . . . . . . . $107. 65 ENGINEERING: Project Engineer . . . . . . . . . . . . . . . . . . 84. 00 Senior Engineer . . . . . . . . . . . . . . . . . . 75. 35 Associate Engineer . . . . . . . . . . . . . . . . . 63 . 50 Junior Engineer . . . . . . . . . . . . . . . . . . 48.45 Public Works Inspector ( includes vehicle) . . . . . . . . . . . . . . . . 64. 25 Pavement Management . . . . . . . . . . . . . . . . 32.25 Resident Engineer ( includes vehicle) . . . . . . . . . . . . . . . . 100. 45 PLANNING: Director of Planning 77. 50 Senior Planner . . . . . . . . . . . . . . . . . . 72. 15 Associate Planner . . . . . . . . . . . . . . . . . 56. 00 Junior Planner . . . . . . . . . . . . . . . . . . . 44. 15 DRAFTING/GRAPHICS: Senior Draftsman . . . . . . . . . . . . . . . 56. 00 Associate Draftsman . . . . . . . . . . . . . . . . 49. 50 Junior Draftsman . . . . . . . . . . . . . . . . . . 43. 05 Graphic Artist . . . . . . . . . . . . . . . . . . . 37. 70 CLERICAL . . . . . . . . . . . . . . . . . . . . . 29. 05 SURVEY: Survey Manager . . . . . . . . . . . . . .. . . . . . . 77. 50 Survey Supervisor . . . . . . . . . . . . . . . . . 70.00 Office Surveyor . . . . . . . . . . . . . . . . . . 65. 65 Associate Office Surveyor . . . . . . . . . . . . . 51.65 Junior Office Surveyor . . . . . . . . . . . . . . . 36. 60 2-Man Party . . . . . . . . . . . . . . . . . 129.15 1-Man Party . . . . . . . . . . . . . . . . . . . . 70. 00 Effective July 1, 1988 to June 30, 1989 - V . �Q A G R E E M E N T This Agreement is made and entered into this � day of LI , 1985, by and between the City of Dublin (hereinafter referred teas City" ) , and Santina and Thompson, Consulting Civil Engineers, Inc. , (hereinafter referred to as "Consultant" ) . WHEREAS, City is desirous of the services of a City Engineer and related engineering; and WHEREAS, Consultant is qualified to render said necessary services and desires to serve as City Engineer to City. NOW, THEREFORE, the parties hereto agree as follows: I. DUTIES OF CONSULTANT Consultant agrees to provide those engineering services that may be required by the City of Dublin during the term of this agreement in a prompt, professional and workmanlike manner in accordance with the standards of the engineering profession. All work shall be completed to the satisfaction of the City Manager. The City may, at its discretion, request performance by consultant of any of the following duties: A. Administrative Duties 1. Perform the statuatory responsibilities of City Engineer. 2. Analyze the City' s traffic engineering needs and recommend programs to the City Manager consistent with the economic capabilities of the City. 3. Attend meetings with City Staff, public officials, community leaders, developers, contractors, and the general public, as required by the City. 4. At the discretion of the City, review and comment on planning programs and land development projects which are not only locatd within the City, but also located outside the City and which may have a traffic impact on the City. 5. When directed, supervise the accounting of State Highway User Funds from the standpoint of meeting State requirements for the expenditure of such funds. 6. Advise the City Manager as to engineering and construction financing available from other governmental agencies and when so directed, prepare and initiate application for such fundings. 7. Recommend ordinances and regulations pertaining to engineering matters. Page 1 r 8. Establish working relationships and coordination with other public agencies and private utilities involving engineering matters affecting the City. 9. Provide special engineering reports as to such related matters as minor traffic studies, assessment district formation, annexation, etc. , when so requested. 10. Administer and review issuance of encroachment and grading permits. B. Traffic Engineering Duties 1. Give direction to and assist City Staff in performing minor traffic studies as necessary and/or required. 2. At the request of the City, recommend solutions to street design problems. 3. Provide general engineering consultation in connection with traffic circulation, street signs, noise impact, etc. C. Development Review Duties 1. Review proposed developments and make recommendations pertaining to engineering considerations. 2. Perform the statutory functions of City Engineer pertaining to the review and checking of subdivision maps. This includes, but is not limited to the following: a. Examine each tract map of each subdivision within the City, with respect to its conformity with the tentative map or maps, any approved alterations, and applicable City records and ordinances. The City Engineer would be required to certify the map. b. Examine each parcel map of each division of land within the City with respect to its conformity with the tentative map or maps, any approved alterations, and applicable City records and ordinances. The City Engineer would be required to certify the map. C. Provide detailed plan checking of tract and parcel maps. 3. Check improvement plans for facilities under the jurisdiction of the City that are prepared by private developers. 4. Establish performance and labor and material bond amounts when required and require the posting of such securities and other development fees within the proper time sequence of such development review. Page 2 5. Provide field inspection during the construction of such improvements by private developers and at the proper time recommend notices of completion and acceptance of the work. 6. Provide such necessary and related functions that are the normal practice of the City in the City Engineering review of private developments. 7. Review engineering aspects of planning applications. 8. Recommend acceptance for maintenance of public improvements to the City Council. D. Capital Projects 1. Assist City Manager in development of a capital improvement program. 2. Provide assistance in preparation of contract documents for capital improvement projects. 3. Upon specific and separate authorization by the City, prepare plans and specifications for capital improvement projects. It is understood that Consultant will provide design services for most capital improvement projects. However, the City reserves the right to bid any project or bring in specialists when deemed necessary by the City or the Consultant. Acapita;l,;.`improvement..:.is defined -as;,-any:,;project =iii which; ther:.construction -Yisr'performed bye someone other than"'tH'e City forces::; 4. Provide plan checking of and construction observation during the course of construction of City undertaken projects. II. GENERAL CONDITIONS A. Consultant agrees to provide a toll free telephone number at consultant ' s office to be used by City of Dublin. B. Consultant agrees to establish regular office hours in the Dublin City Offices to the satisfaction of the City Manager. C. City will provide office space and clerical support for Contractor ' s representative designated as City Engineer. D. Consultant shall provide no services for any client other than the City within the :corporate boundaries or sphere of influence of the City during the term of the agreement. Page 3 III. DESIGNATION AS CITY ENGINEER For the term of this agreement, the following employee of consultant is to be designated as City Engineer: Lee S. Thompson Registered Civil Engineer #19348 IV. COMPENSATION Consultant shall be compensated for work as follows: A. The following work shall be charged at 75 percent of the rates shown in Exhibit A: 1. Work which is performed in or from the Dublin City office for work not chargable to private developments. This includes work performed by the City Engineer and Public Works Inspector, and attendance at Commission and City Council meetings. 2. General Engineering work which is not related to a specific capital improvement project or private development and is performed in or from the Dublin City Office. This includes attendance at Commission and City Council meetings. 3. Services related to the review, issuance and inspection of permits which are based on an established fee and the applicant is not charged the actual cost. B. The following work shall be charged at the rates shown in Exhibit A: 1. Capital improvement design work, which is billed on a time and material basis. Prior to proceeding with the work, a maximum estimated budget shall be established by City and shall not be exceeded without approval of the City Manager. 2. Engineering survey work. 3. Plan checking and other activities which are paid for by the private developer and are designated as actual cost on the fee schedule. This would not include work on projects where the application involved review, issuance or inspection based on an established fee. C. The City shall not pay for the cost of commuting from the Consultant ' s office to Dublin City Office. V. COLLECTION OF FEES All fees to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions set forth above, if collected by engineer shall be collected in the name of the City. Engineer shall employ record keeping measures acceptable to the City. If fees are collected by the City, engineer shall review the appropriate Page 4 i ordinances and fee schedules in effect by City and shall provide to the persons designated by the- City for collection of fees, the amount of such fees to be collected. VI. INDEPENDENT CONTRACTOR STATUS In the performance of the work undertaken pursuant to this agreement, consultant is deemed to be an independent contractor. Consultant' s employees are not to be considered employees of the City of Dublin for any purpose. VII. ASSIGNABILITY This agreement shall not be assignable or transferable by the Consultant without the expressed written consent of the City Manager. VIII. OWNERSHIP OF WORK All documents, data studies, surveys, drawings, maps and reports furnished to the Consultant by the City, as well as reports and supportive data prepared by the Consultant under this contract shall be considered the property of the City of Dublin and upon request at the completion of the services to be performed, they will be turned over to the City of Dublin. IX. PERFORMANCE OF WORK Consultant agrees to perform work as stated in this agreement to the satisfaction of the City. X. LIABILITY COVERAGE A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by the Consultant performing services for the City. B. Consultant firm shall hold harmless the City from damages, costs or expenses that may arise because of damage to property or injury to persons received or suffered by reason of the operation of engineering firm which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of the Consultant or any of its agents, officers and employees and subcontractors. . C. Consultant agrees to provide at its own expense general liability insurance in an amount not less than $1, 000, 000 -and further name the City as an additional insured. D. Consultant shall provide the City with evidence that it has Worker ' s Compensation Insurance covering all its employees and professional liability insurance in the amount of $500, 000. E. Consultant shall assume liability for the wrongful or negligent acts, errors and omissions of its officers, agents and employees and subcontractors in regard to any functions or activity carried out by them on behalf of the City. Page 5 r XI. TERM OF AGREEMENT The term of this agreement shall be from July 1, 1985 until terminated. The City may terminate the services of the engineering firm 'iby providing the firm 30 days written notice. In the event of such termination, the engineering firm shall be compensated for such services up to the point of termination. Such compensation for work in progress would be prorated as to the percentage of progress completed at the date of termination. If the engineering firm terminates its services to the City, it must provide the City with written notice at least 90 days in advance of such termination. All notices to the City shall be addressed to: City Manager City of Dublin 6500 Dublin Boulevard, Suite 101 Dublin, CA 94568 All notices to Consultant shall be addressed to: Santina and Thompson, Inc. Consulting Civil Engineers 1040 Oak Grove Road Concord, CA 94518 Notices, as referred to above, shall be sent via Registered Mail. CITY OF D By May 6r ATTEST: City Clerk Santina._ nd Thom ps n, Inc; Consulti , Civi nginee s: By, \ Peter F. San ina, President APPROV AS TO FORM: / City Attorney Page 6 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA & THOMPSON, INC. , FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY" ) , and Santina & Thompson, Inc. , Consulting Civil Engineers (hereinafter referred to as "CONSULTANT") , first entered into an agreement on February 1, 1983 to provide Engineering Services to the City of Dublin; and WHEREAS, the City has subsequently amended the agreement on an annual basis and adopted a revised agreement on September 22, 1986; and WHEREAS, the fees established in Exhibit A of the most recent amendment to the agreement were effective from September 1, 1986 to July 31, 1987; and WHEREAS, the City wishes to continue contracting for services from Consultant; and WHEREAS, an adjustment of fees for services rendered is desirable by both the City and the Consultant. NOW, . THEREFORE, the parties hereto agree as follows: Section 1 : Adjustment of Rates The Santina & Thompson, Inc. , hourly rate schedule (Exhibit A) , shall replace the rate schedule which was adopted by the City Council on September 22, 1986. . The change in rates shall be effective from August 1, 1987 and shall continue in effect until June 30, 1988, or until rescinded or amended by the City Council, according to the provisions of the agreement. CITY OF DUBLIN �Iayo ATYZS - City Clerk S TINA .. THOLNIP I NC Peter F. an ina,---'---President -7 Date of Adoption EXHIBIT A SANTINA & THOMPSON PROPOSED HOURLY CHARGE RATES .* CITY OF DUBLIN 1986 Rates Proposed Rates Difference PRINCIPAL $103.50 $107.65 $4.15 ENGINEERING Project Engineer 80.73 84.00 3.27 Sr. Engineer 72.45 75.35 2.90 Assoc. Engineer 61.07 63.50 2.43 Jr. Engineer 46.58 48.45 1.87 Public Works Inspector 61.80 64.25 2.45 (includes vehicle) Pavement Management 31.00 32.25 1.25 Resident Engineer 96.60 100.45 3.85 (includes vehicle) PLANNING Director of Planning 74.52 77.50 2.98 Sr. Planner 69.35 72.15 2.80 Assoc. Planner 53.82 56.00 2.18 Jr. Planner 42.44 44.15 1.71 DRAFTING/GRAPHICS Sr. Draftsman 53.82 56.00 2.18 Assoc. Draftsman 47.61 49.50 1.89 Jr. Draftsman 41.40 43.05 1. 65 Graphic Artist 36.23 37.70 1.47 CLERICAL 27.95 29.05 1.10 SURVEY Survey Manager 74.52 77.50 2.98 Survey Supervisor 67 .28 70.00 2.72 Office Surveyor 63 .14 65.65 2.51 Assoc. Ofc. Surveyor 49.68 51.65 1. 97 Jr. Ofc. Surveyor 35.19 36.60 1.41 2-Man Party 124.20 129.15 4.95 1-Man Party 67 .28 70.00 2.72 * Effective August -1, 1987 - June 30, 1988 _ Fees are reduced by 25% for work done in the City offices, with the exception of work reimbursed by private development. AGREEMENT This Agreement is made and entered into this day of 1988, by and between the City of Dublin (hereinafter referred to 'as "City") and Santina and Thompson, Consulting Civil Engineers, Inc. , (hereinafter referred to as "Consultant") . WHEREAS, City is desirous of the services of an Assistant City Engineer and related engineering; and WHEREAS, Consultant is qualified to render said necessary services and desires to serve as Assistant City Engineer and related engineering services to City; NOW, THEREFORE, the parties hereto agree as follows: I. DUTIES OF CONSULTANT Consultant agrees to provide those engineering services that may be required by the City of Dublin during the term of this agreement in a prompt, professional, and workmanlike manner in accordance with the standards of the engineering profession. All work shall be completed to the satisfaction of the City Manager. The City may, at its discretion, request performance by consultant of any of the following duties: A. Administrative Duties 1. Perform the statutory responsibilities of the City Engineer by means of an Assistant City Engineer in the absence of the City Engineer. 2. Attend meetings with City Staff, public officials, community leaders, developers, contractors, and the general public, as required by the City. 3. At the discretion of the City, review and comment on planning programs and land development projects which are not only located within the City but also located outside the City and which may have a traffic impact on the City. 4. Advise the Public Works Director as to engineering and construction financing available from other governmental agencies and when so directed, prepare and initiate application for such fundings. S. Recommend ordinances and regulations pertaining to engineering matters. 6. Aid in the establishment of working relationships and coordination with other public agencies and private utilities involving engineering matters affecting the City. Page 1n r? 7. Provide special engineering reports as to such related matters as minor traffic studies, assessment district formation, annexation, etc. , when so requested. 8. Aid in the preview and issuance of encroachment and grading permits. B. Traffic Engineering Duties 1. Give direction to and assist City Staff in performing minor traffic studies as necessary and/or required. 2. At the request of the City, recommend solutions to street design problems. 3. Provide general engineering consultation in connection with traffic circulation, street signs, noise .impact, etc. C. Development Review Duties 1. Review proposed developments and make recommendations pertaining to engineering considerations. 2. As delegated by the City Engineer, review or check subdivision maps. This includes but is not limited to the following: a. Examine each tract map of each subdivision within the City, with respect to its conformity with the Tentative Map or maps and approved alterations, and applicable City records and ordinances. Santina and Thompson would be required to recommend to the City Engineer as to the certification of the map. b. Examine each parcel map of each division of land within the City with respect to its conformity with the Tentative Map or maps, any approved alterations, and applicable City records and ordinances and to recommend to the City Engineer as to the certification of the map. C. Provide detailed plan checking of tract and parcel maps. 3. Check improvement plans for facilities under the jurisdiction of the City that are prepared by private developers. 4. Establish performance and labor and material bond amounts when required and require the posting of such securities and other development fees within the proper time sequence of such development review. III. COMPENSATION Consultant will be compensated for work as follows: A. The following work shall be charged at 75 percent of the rates shown in Exhibit A: Page 2 r 1. Work which is performed in or from the Dublin City office for work not chargeable to private developments. This includes work performed by the Assistant City Engineer, Resident Engineer, and Public Works Inspector, and attendance at Commission and City Council meetings. f 2. General Engineering work which is not related to a specific capital improvement project or private development and is performed in or from the Dublin City office. This includes attendance at Commission and City Council meetings. 3. Services related to the review, issuance, and inspection of permits which are based on an established fee and the applicant is not charged the actual cost. B. The following work shall be charged at the rates shown in Exhibit A (Hourly Charge Rates, July 1, 1988) : 1. Capital improvement design work, which is billed on a time and material basis. Prior to proceeding with the work, a maximum estimated budget shall be established by City and shall not be exceeded without approval of the City Manager. 2. Engineering survey work. 3. Plan checking and other activities which are paid for by the private developer and are designated as actual cost on the fee schedule. This would not include work on projects where the application involves review, issuance, or inspection based on an established fee. C. The City shall not pay for the cost of commuting from the Consultant's office to the Dublin City offices. IV. COLLECTION OF FEES All fees to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions set forth above, if collected by Consultant, shall be collected in the name of the City. Consultant shall employ recordkeeping measures acceptable to the City. If fees are collected by the City, Consultant shall review the appropriate ordinances and fee schedules in effect by City and shall provide to the persons designated by the City for collection of fees, the amount of such fees to be collected. V. INDEPENDENT CONTRACTOR STATUS In the performance of the work undertaken pursuant to this agreement, Consultant is deemed to be an independent contractor. Consultant's employees are not to be considered employees of the City of Dublin for any purpose. Page 3 VI. ASSIGNABILITY This agreement shall not be assignable or transferable by the Consultant without the expressed written consent of the City Manager. i VII. OWNERSHIP OF WORK All documents, data studies, surveys, drawings, maps and reports furnished to the Consultant by the City, as well as reports and supportive data prepared by the Consultant under this contract, shall be considered the property of the City of Dublin, and upon request at the completion of the services to be performed, shall be turned over to the City of Dublin. VIII. PERFORMANCE OF WORK Consultant agrees to perform work as stated in this agreement to the satisfaction of the City. IX. LIABILITY COVERAGE A. City shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any person employed by the Consultant performing services for the City. B. Consultant firm shall hold harmless the City from damages, costs, or expenses that may arise because of damage to property or injury to persons received or suffered by reason of the operation of engineering firm which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of the Consultant or any of its agents, officers and employees or subcontractors. C. Consultant agrees to provide at its own expense general liability insurance in an amount not less than $1,000,000 and further name the City as an additional insured. D. Consultant shall provide the City with evidence that it has Workers' Compensation Insurance covering all its employees and professional liability insurance in the amount of $500,000. E. Consultant shall assume liability for the wrongful or negligent acts, errors, and omissions of its officers, agents and employees and subcontractors in regard to any functions or activity carried out by them on behalf of the City. X. TERM OF AGREEMENT The term of this agreement shall be from July 1, 1988, until terminated. The City may terminate the services of Consultant by providing the firm 30 days written notice. In the event of such termination, Consultant shall be compensated for such services up to the point of termination. Page 4 If Consultant terminates its services to the City, it must provide the City with written notice at least 90 days in advance of such termination. All notices to the City shall be addressed to: ! City Manager City of Dublin 6500 Dublin Boulevard, Suite 205 Dublin, CA 94568 All notices to Consultant shall be addressed to: Santina and Thompson, Inc. Consulting Civil Engineers 1040 Oak Grove Road Concord, CA 94518 Notices, as referred to above, shall be sent via Registered Mail. CITY OF DUBLIN By Mayor ATTEST: City Clerk Santina and Thompson, Inc. Consulting Civil Engineers By Peter F. Santina, President APPROVED AS TO FORM: City Attorney Page 5 EXHIBIT "A" SANTINA & THOMPSON, INC. PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1988 PRINCIPAL . . . . . . . . . . . . . . . . . . . . . . . $107. 65 ENGINEERING: Project Engineer . . . . . . . . . . . . . . . . . . 84.00 Senior Engineer . . . . . . . . . . . . . . . . . . 75.35 Associate Engineer . . . . . . . . . . . . . . 63. 50 Junior Engineer . . . . . . . . . . . . . . 0 48.45 Public Works Inspector ( includes vehicle) . . . . . . . . . . . . . . . . 64. 25 Pavement Management . . . . . . . . . . . . . . . . 32.25 Resident Engineer ( includes vehicle) . . 100.45 PLANNING: Director of Planning . . . . . . . . . . . . . . . . 77. 50 Senior Planner . . . . . . . . . . . . . . . . . . 72.15 Associate Planner . . . . . . . . . . . . . . . . . 56. 00 Junior Planner . . . . . . . . . . . . . . . . . . . 44.15 DRAFTING/GRAPHICS: Senior Draftsman . . . . . . . . . . . . 56. 00 Associate Draftsman . . . . . . . . . . 49. 50 Junior Draftsman . . . . . . . . . . . . . . . . . . 43.05 Graphic Artist . . . . . . . . . . . . . . . . . . . 37. 70 CLERICAL . . . . . . . . . . . . . . . . . 29. 05 SURVEY: Survey Manager . . . . . . . . . . . . . . . . . . . 77. 50 Survey Supervisor . . . . . . . . . . . . . . . . . 70.00 Office Surveyor . . . . . . . . . . . . . . . . . . 65. 65 Associate Office Surveyor . . . . . . . . . . . . . 51. 65 Junior Office Surveyor . . . . . . . . . . . . 36. 60 2-Man Party . . . . . . . . . . . . . . . . . . . . 129.15 1-Man Party . . . . . . . . . . . . . . . . . . . 70. 00 Effective July 1, 1988 to June 30, 1989 i June 15, 1988 Mr. Richard C. Ambrose City Manager City of Dublin P. 0. Box 2340 Dublin CA 94568 Subject: Contract Review for TJKM Dear Rich, Attached is TJKM's self contract review and proposal. Note that TJKM proposes the same contract provisions except an increase of an average of 2.6% cost of living in their hourly rates. I feel TJKM's service has improved since they have assigned one person to oversee Dublin's work, and their attendance at the Traffic Safety Committee has also helped the coordination between the City and TJKM. - Their office location being only five minutes away from the City offices, and their knowledge of the Tri-Valley traffic through other studies that they are performing, has aided Dublin in its traffic planning and studies. If you have any questions, please let me know. Sincerely yours, I.ee S. Thompson LST/gr EXHIBIT C-1 4637 Chabot Drive,Suite 214 Pleasanton Ca. 94566 (415)463-0611 MEMORANDUM DATE: June 15, 1988 TO: Lee Thompson, Santina & Thompson FROM: Chris D. Kinzel SUBJECT: City of Dublin Contract Review and Proposal At your request, I am responding to Richard Ambrose's March 25, 1988 letter concerning City of Dublin services. The purpose of this memorandum is to provide you information regarding the TJKM portion of the City engineering services. As requested, the first section of this memo deals with our self-assessment of TJKM performance for the past year. 1. Contract Compliance The administrative duties, development review duties and capital projects for which TJKM has been involved range from the review of routine citizen requests, requests from the City council for. traffic control changes, new traffic signal designs, traffic impact analyses for proposed new development, review of site plans for proposed development, signal timing studies, participation in the downtown improvement'study and investigation of school related traffic safety issues. See attachment for a list of specific projects. We believe we have provided these services in a "prompt, professional and workmanlike manner in accordance with the standards of the engineering profession". During this past year, TJKM has participated in the City Traffic Committee which meets twice monthly and is attended by representatives of the City Engineer's Office, TJKM, and the Police Department. The committee allows a high level of coordination of traffic engineering and traffic safety issues among the affected departments and in the coordination of the staff position of the various City departments, for those items that appear on the agenda of the City Council. At this meeting, many routine items are resolved and other more complex issues are designated for further study with the knowledge of all parties. During the past year, staffing of work for the City of Dublin has been more consistent by TJKM. Senior Engineer Michelle DeRobertis attends the City Traffic Committee meetings and handles and coordinates all traffic investigations assigned by the committee, the City Engineer or the City Manager. Michelle also conducts most of the traffic impact evaluations for proposed development within the City of Dublin. She is supervised by Principal Associate Ty Tekawa who provides general review and also coordinates all traffic engineering design functions including traffic signals • PLEASANTON•SACRAMENTO•FRESNC Lee Thompson -2- June 15, 1988 and signing and striping design or review. 'Chris Kinzel attends Council meetings, and provides overall direction to other TJKM staff members. Michelle is currently on maternity leave but will return in July. Other TJKM members are assigned as needed to assist these three, particularly in the area of design and in gathering of field data. Much of the design work is accomplished at the Assistant Traffic Engineer or Traffic Engineer level. Our goal in this organization is to provide traffic engineering services to the City of Dublin at the lowest possible classification level, while providing appropriate review and supervision. 2. Availability TJKM maintains its offices in northern Pleasanton, not far from Dublin City Hall. Generally, we feel we have been available as needed to provide traffic engineering services. We have reduced the instances during the past year where Chris Kinzel was not available to attend the City Council meeting due to schedule conflicts. We anticipate most conflicts can be avoided in the future. 3. Responsiveness Generally, traffic engineering matters do not require immediate response. In the past, some items referred to TJKM have been unnecessarily delayed due to lack of coordination within the TJKM organization or with other City officials. We believe we have improved on this matter in the past year. 4. Cost Effectiveness During the period from January 1987 to March 1988 TJKM composite hourly rates were $53.01, an increase of approximately $0.53 per hour from the 1985-86 engineering breakdown. The total TJKM services for the year increased from a 1985-86 total of $77,026 to an estimated amount of $85,494 on an annualized basis. The total hours of activity increased from 1,410 to 1,569. On an annualized basis, some $16,000 of TJKM's services were paid by developers or grants and $14,000 were for capitol improvement items, primarily San Ramon Road improvements. 5. Program Development and Implementation This item deals with timeliness and accuracy and would best be addressed by the City Engineer and the City staff. Proposal TJKM proposes to continue offering services to the City of Dublin. If.appropriate, the contract term would be from July 1, 1988, to June 30, 1989. The proposed hourly rates for 1988-89 are included on the attachment. The attachment indicates the current rates as well as the proposed rates for the City of Dublin along with the reduced rates. The proposed rates would apply to any capital improvement project or project funded by private developers. The reduced rates would apply to all other traffic engineering services provided by TJKM. Reduced rates are a maximum of 80 percent of the proposed rates, rounded to the nearest dollar. The proposed rates average a 2.6 percent increase over current rates. Lee Thompson -3- June 15, 1988 TJKM requires no insurance subsidy from the City of Dublin. Our errors and omission insurance limits are $500,000. As to ways that traffic engineering services can be improved in the City of Dublin, we feel! there are some areas that could receive more traffic engineering emphasis. Traffic signal timing, operation and special maintenance appears to function on a basis in which incidents are responded to, rather than anticipated. Traffic operations during street and utility construction and maintenance appears to be receiving little attention at the present time either for work performed under City contracts or for work of private contractors or utility company personnel. It would appear that the City has some degree of liability exposure which could be reduced. We continue to feel some additional improvements to traffic safety and traffic circulation could result if TJKM had the opportunity to review some of the routine private development proposals with particular emphasis on driveways and parking lot review. We also feel improvements could be made in coordination of capital projects in which a traffic engineering review of preliminary and final plans from the standpoint of signing, striping, geometry, construction signing and staging, and electrical details should occur. We do not believe that the increased review of either the private development or capital improvement projects would be either expensive or time consuming but, could improve the final product. We continue to be sensitive to the issue of conflict of interest or a perception of conflict. During this past year, TJKM (under permission of the City) became involved with the City/BART discussion on the Park`n'Ride lots. To avoid future similar issues, TJKM will not be involved with the BART extension EIR, so that if needed, we can represent the City's interests. TJKM has extensive involvement with many public and private entities in the valley, hopefully to the advantage of the City of Dublin. Please contact me if there are questions on any of these matters. rhm Attachments 157-4P.2CK TA HOURLY RATE SCHED%._c Current' Reduced Proposedb Reduced` 87-88 87-88 88-89 88-89 Principal $105 $84 $110 $88 Principal Associate 90 72 90 72 Senior Associate 84 67 84 67 Associate 80 64 82 66 Senior Traffic Engineer/Planner 77 62 79 63 Senior Transportation Engineer 77 62 79 63 Traffic Engineer 69 55 73 58 Transportation Engineer 69 55 73 58 Transportation Planner 63 50 63 50 Assistant Traffic Engineer 58 46 60 48 Traffic Engineering Assistant 47 38 52 42 Technician 11 41 33 41 33 Technician 1 26 21 26 21 Graphics Supervisor 50 40 52 42 Draftsman 40 .32 41 33 Project Coordinator 44 35 44 35 Secretarial 40 32 40 32 Computer 30 30 30 30 Expert witness charges available on request. ' Current TJKM rates in the City of Dublin, established January 1, 1987. b These rates shall provide for capital improvement design work and shall be applied as indicated in Paragraph III.BI of the master agreement dated October 14, 1985. These rates are 80 percent of TJKM standard rates, and shall apply to General Traffic Engineering Services and Studies, excluding capital improvement design. Y✓� vI A G R E E M E N T i ��- This Agreement is made and entered into this � i - J day of �cP � 1985, by and between the City of Dublin (hereinafter referred to as City ) , and TJKM Transportation Consultants , (hereinafter referred to as "Consultant" ) . WHEREAS, City is desirous of the services of a City Traffic Engineer and related engineering; and WHEREAS, Consultant is qualified to render said necessary services and desires to serve as City Traffic Engineer to City. NOW, THEREFORE, the parties hereto agree as follows: I, DUTIES OF CONSULTANT Consultant agrees to provide those engineering services that may be required by the City of Dublin during the term of this agreement in a prompt, professional and workmanlike manner in accordance with the standards of the engineering profession. All work shall be completed to the satisfaction of the City Manager. The City may, at its discretion, request performance by consultant of any of the following duties: A. Administrative Duties 1. Perform the statutory responsibilities of City Traffic Engineer. 2. Analyze the City' s traffic engineering needs and recommend programs to the City Manager consistent with the economic capabilities of the City. 3 . Attend meetings with City Staff, public officials , community leaders , developers , contractors, and the general public, as required by the City. 4. At the discretion of the City, review and comment on planning programs and land development projects which are not only located within the City, but also located outside the City and which may have a traffic impact on the City. 5. Advise the City Manager as to engineering and construction financing available from other governmental agencies and when so directed, prepare and initiate application for such fundings. 6. Recommend ordinances and regulations pertaining to traffic engineering matters. 7. Establish working relationships and coordination with other public agencies and private utilities involving traffic engineering matters affecting the City. 8. Provide special engineering reports as to such related traffic studies . 9. Give direction to and assist City Staff -in performing traffic studies as necessary and/or required. 10. At the request of the City, recommend solutions to street design problems. 11. Provide general engineering consultation in connection with traffic circulation, street signs, noise impact, etc. i. 11. .E '1 Page 1 :� C. Development Review Duties 1. Review proposed developments and make recommendations pertaining to traffic engineering considerations. 2. Review traffic engineering aspects of planning applications. D. Capital Projects 1. Assist City Manager in development of a capital improvement program that relates to traffic matters. 2. Upon specific and separate authorization by the City, prepare plans and specifications for traffic related capital improvement projects. It is understood that Consultant will provide design services for most traffic related capital improvement projects. However, the City reserves the right to bid any project or bring in specialists when deemed necessary by the City or the Consultant. A capital improvement is defined as any project in which the construction is performed by someone other than the City forces or the City' s designated street maintenance contractor. II. DESIGNATION AS CITY TRAFFIC ENGINEER For the term of this agreement, the following employee of consultant is to be designated as City Traffic Engineer: Chris Kinzel Registered Traffic Engineer III. COMPENSATION Consultant shall be compensated for work as follows: A. The following work shall be charged at 80 percent of the rates shown in Exhibit A: 1. General Traffic Engineering services and studies excluding capital improvement project design. B. The following work shall be charged at the rates shown in Exhibit A: 1. Capital improvement design work, which is billed on a time and material basis. Prior to proceeding with the work, a maximum estimated budget shall be established by City and shall not be exceeded without approval of the City Manager. C. The City shall not pay for the cost of commuting from the Consultant' s office to Dublin City Office. . Page 2 i IV. COLLECTION OF FEES All fees to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions set forth above, if collected by engineer shall be collected in the name of the City. Engineer shall employ record keeping measures acceptable to the City. If fees are collected by the City, engineer shall review the appropriate ordinances and fee schedules in effect by City and shall provide to the persons designated by the City for collection of fees, the amount of such fees to be collected. V. INDEPENDENT CONTRACTOR STATUS In the performance of the work undertaken pursuant to this agreement, consultant is deemed to be an independent contractor. Consultant' s employees are not to be considered employees of the City of Dublin for any purpose. VI. ASSIGNABILITY This agreement shall not be assignable or transferable by the Consultant without the expressed written consent of the City Manager. VII. OWNERSHIP OF WORK All documents, data studies, surveys, drawings, maps and reports furnished to the Consultant by the City, as well as reports and supportive data prepared by the Consultant under this contract shall be considered the property of the City of Dublin and upon request at the completion of the services to be performed, they will be turned over to the City of Dublin. VIII. PERFORMANCE OF WORK Consultant agrees to perform work as stated in this agreement to the satisfaction of the City. IX. LIABILITY COVERAGE A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by the Consultant performing services for the City. B. Consultant firm shall hold harmless the City from damages, costs or expenses that may arise because of damage to property or injury to persons received or suffered by reason of the operation of engineering •firm which may be occasioned by :any negligent act or omission to act which amounts to negligence on the part of the Consultant or any of its agents, officers and employees and subcontractors. C. Consultant agrees to provide at its own expense general liability insurance in an amount not less than $1, 000, 000 and further name the City as an additional insured. Page 3 D. Consultant shall provide the City with evidence that it has worker' s Compensation Insurance covering all its employees and professional liability insurance in the amount of $500,000. E. Consultant shall assume liability for the wrongful or negligent acts, errors and omissions of its officers, agents and employees and subcontractors in regard to any functions or activity carried out by them on behalf of the City. X. TERM OF AGREEMENT The term of this agreement shall be from the date first written above until terminated. The City may terminate the services of the engineering firm by providing the firm 30 days written notice. In the event of such termination, the engineering firm shall be compensated for such services up to the point of termination. Such compensation for work in progress would be prorated as to the percentage of progress completed at the date of termination. If the engineering firm terminates its services to the City, it must provide the City with written notice at least 90 days in advance of such termination. All notices to the City shall be addressed to: City Manager City of Dublin 6500 Dublin Boulevard, Suite 101 Dublin, CA 94568 All notices to Consultant shall be addressed to: TJKM 4637 Chabot Drive, Suite 214 Pleasanton, CA 94568 Notices, as referred to above, shall be sent via stered Mail. CITY OF D LI By Mayor AT City Cl'eVk TJKM By t� V. � Chris Kinzel APP'20v,ED AS/,TO FORM: &�G� � .�-� X ������ City Attorney Page 4 EXHIBIT A TJKM PROPOSED HOURLY CHARGE RATES * 1984 Rates Proposed Rates Difference Principal $ 90 $ 98 + $ 8 Principal Associate 78 82 + $ 4 Senior Associate 74 76 + $ 2 Associate 69 72 + $ 3 Senior Traffic Engineer 65 68 + $ 3 Senior Transportation Engr 65 68 + $ 3 Traffic Engineer 55 60 + $ 5 Transportation Engineer NP 60 NC Assistant Traffic Engineer 44 49 + $ 5 Traffic Engineering Assistant39 42 + $ 3 Technician II 34 34 0 Technician I 22 22 0 Graphics Supervisor NP 42 NC Draftsman 29 34 + $ 5 Secretarial 32 35 + $ 3 Computer 30 30 0 Above rates include standard overhead items. Travel costs are billed at 30 cents/mile. Outside services are billed at cost plus 10 percent for handling. Invoices are due and payable within 30 days. Invoices paid after 30 days will be subject to separate billings of 1 1/2 percent per month of unpaid balance. Late charges are not included in any agreement for maximum charges. Expert witness charges available on request. * Fees are reduced by 20% for General Traffic Engineering services and studies excluding capital improvement project design. Effective March 1, 1985 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY" ) , and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT" ) , entered into an agreement on October 14, 1985 to provide Traffic Engineering Services to the City of Dublin; and WHEREAS, the fees established in Exhibit A of that agreement have been in effect continuously since October 14, 1985; and WHEREAS, the City wishes to continue contracting for services from Consultant; and WHEREAS, an adjustment of fees for services rendered is desired by both the City and the Consultant. NOW, THEREFORE the parties hereto agree as follows : Section 1 : Adjustment of Rates The TJKM hourly rate schedule (Exhibit A) , shall replace the rate schedule which was adopted by the City Council on October 14, 1985. The change in rates shall be effective July 1, 1987 and shall continue in effect until June 30, 1988, or until rescinded or amended by the City Council, according to the provisions of the agreement. CITY OF DUBLIN yor T: Ci y Clerk TJKM r Chris K.inzel Date of Adoption E X H I . B I T A �... ' TJ& HOURLY RATE SCHEDL r a � Proposed c Reduced d 55-86' 86-87b _ 7-88 87-88 Principal $98 $100 $105 $84 Principal Associate 82 86 90 72 Senior Associate 76 80 84 67 Associate 72 76 80 64 Senior Traffic Engineer 68 72 77 62 Senior Transportation Engineer 68 72 77 62 Traffic Engineer 60 66 69 55 Transportation Engineer 60 66 69 55 Transportation Planner -- 60 63 50 Assistant Traffic Engineer 49 . 55 58 46 Traffic Engineering Assistant 42 45 47 38 Technician 11 34 37 41 33 Technician 1 22 23 26 21 Graphics Supervisor 42 45 50 40 Draftsman 34 37 40 32 Project Coordinator -- 42 44 35 Secretarial 35 37 40 32 Computer 30 30 30 30 The above rates include standard overhead items. Travel costs are billed at thirty cents per mile. Each project may be subject to initial set up and coordination fees. All outside services are billed at cost, plus ten percent for handling. Invoices are due and payable within thirty days. Invoices paid after thirty days will be subject to separate billings of one and one-half percent per month of unpaid balance. Late charges are not included in any agreement for maximum charges. Expert witness charges available on request. ' Current TJKM rates in the City of Dublin, established March 1, 1985. b Current TJKM rates, not in use in Dublin, established March 1, 1986. c. These rates shall provide for capital improvement design work and shall be applied as indicated in Paragraph III .B.1. of the master agreement dated October 14, 1985. d. These rates are 80% of TJKM standard rates, and shall apply: to General Traffic Engineering Services and Studies, excluding capital improvement design. AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "City") , and TJKM Transportation Consultants (hereinafter referred to as "Consultant") , entered into an agreement on October 14, 1985, to provide Traffic Engineering Services to the City of Dublin; and WHEREAS, the fees established in Exhibit A of that agreement have been in adjusted by amendment for Fiscal Year 1987-88; and WHEREAS, City wishes to continue contracting for services from Consultant; and; WHEREAS, an adjustment of fees for services rendered for Fiscal Year 1988-89 is desired by both City and Consultant; NOW, THEREFORE, the parties hereto agree as follows: Section 1. Adjustment of Rates The TJKM hourly rate schedule (Exhibit A) shall replace the rate schedule which was adopted by the City Council for Fiscal Year 1987-88. The change in rates shall be effective July 1, 1988, and shall continue in effect until June 30, 1989, or until rescinded or amended by the City Council, according to the provisions of the agreement. CITY OF DUBLIN Mayor ATTEST: City Clerk TJKM Chris Kinzel DATE OF ADOPTION TJr%svI HOURLY RATE SCHEDW.c Currenta Reduced Proposed' Reduced- 87-88 87-88 88-89 88-89 Principal $105 $84 $110 $88 Principal Associate 90 { 72 90 72 Senior Associate 84 67 84 67 Associate 80 64 82 66 Senior Traffic Engineer/Planner 77 62 79 63 Senior Transportation Engineer 77 62 79 63 Traffic Engineer 69 55 73 58 Transportation Engineer 69 55 73 58 Transportation Planner 63 50 63 50 Assistant Traffic Engineer 58 46 60 48 Traffic Engineering Assistant 47 38 52 42 Technician II 41 33 41 33 Technician I 26 21 26 21 Graphics Supervisor 50 40 52 42 Draftsman 40 '32 41 33 Project Coordinator 44 35 44 35 Secretarial 40 32 40 32 Computer 30 30 30 30 Expert witness charges available on request. a Current TJKM rates in the City of Dublin, established January 1, 1987. ' These rates shall provide for capital improvement design work and shall be applied as indicated in Paragraph III.B1 of the master agreement dated October 14, 1985. ` These rates are 80 percent of TJKM standard rates, and shall apply to General Traffic Engineering Services and Studies, excluding capital improvement design.