HomeMy WebLinkAboutItem 4.04 AgrmntWilburSmithAssc
CITY CLERK
File # 0
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 19,1998
SUBJECT:
Amendment to Agreement with Wilbur Smith Associates
for General Traffic Engineering Services
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1)
2)
3)
Current Agreement
Letter from Wilbur Smith Associates
Resolution and Proposed Amendment
RECOMMENDATION: ~ Adopt resolution approving amendment to agreement and authorize
Mayor to execute amendment.
FINANCIAL STATEMENT: Under this agreement, Wilbur Smith Associates provides general
traffic engineering services to the City based on the adopted rate schedule. Types of services performed
would typically be review of transportation- or traffic-related issues for private development projects or
design services for Capital Improvement Projects. The cost of private development related services would
be budgeted in the Engineering Operating Budget and paid by developers. The cost of work on City
projects would be budgeted for the specific Capital Project. Wilbur Smith has indicated that their fees will
not increase for the upcoming year.
DESCRIPTION: In May of 1997, the City Council approved agreements with a number of
consultants that could be utilized on an ongoing basis for geotechnical, traffic engineering, or civil
engineering functions. Many of these agreements will expire in Mayor June of 1998 and need to be
amended if the City is going to continue to utilize the services. The agreement with Wilbur Smith
Associates expires on June 11th. It is recommended that the dates cif these agreements coincide with the
end of the fiscal year in the future, and the proposed amendment reflects an expiration date of June 30,
1999.
To date, Staff has not utilized the services of Wilbur Smith Associates but would like to extend the term of
the agreement for at least another year. The need for traffic studies for new development is increasing, and
this agreement would provide a third transportation consultant to share the workload with TJKM and
Omni-Means. .A,..s with the other consultants on this type of agreement, not-to-exceed proposals would be
obtained for each specific project.
Staff recommends that the City Council approve the amendment to the agreement.
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COPIES TO: William E. Hurrell
ITEM NO. -----4.4
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as o~fÝE II , 1996, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and WILBUR SMITH ASSOCIATES
("Consultant"), who agree as follows:
1. SERVJCES. 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 terms 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. E)"'1llBITS. AIl exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. S1JB CONTRA CTING. Tne 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 on1y when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the
pTOject for the duration of the project. There shall be no change in the Project Manager or members of the
pJ ùject team without prior written approval by the City. The Project Manager for Consultant shall be
Vl1LLL~.M HURRELL.
9. CONTRACT ADMINISTRA~ TION. This A2:ree¡nent shall be administered by LEE S.
lHOMPSON ("Administrator"). AIl correspondence shall be directed to or through the Administrator or
his or designee.
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Agreement
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10. NOTICES. Any written notice to Consultant shall be sent to:
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
AttestO(fltð f-ciL
lCi(f Clerk \..--
CITY OF DUBLIN,
a murucipal corporation
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"City"
By
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"Consultant"
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Approved as to form:
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City Attorney
Agn~ement
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
To provide traffic studies, peer review and other traffic related services for private development
projects. The scope of studies will be detailed as specific projects are proposed to the City. The
consultant shall provide the City with a not-to-exceed fee for each study, peer review, and/or
other traffic related review.
Exhibit A
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EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant an amount not to exceed the total sum of SEVENTY
THOUSAND DOLLARS ($70,000) PER YEAR for services to be performed pursuant to this
Agreement. Consultant shall submit invoices at the end ofproject based on the cost for services
performed on a time and expenses bases.
The total sum stated above shall be the total which City shall pay for the services
to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum
for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this
Agreement
City shall make no payment for any e>.'tra, further or additional service pursuant to
this Agreement unless such e>.1ra 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 ex'tra service is rendered and in no event shall such change order exceed twenty-
ñve percent (25%) ~fthe 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. .Ifthe Agreement is
terminated by City, Consultant shall be entitled to receive just and equitable compensation for
any satisfactOI}' work completed on such documents and other materials to the effective date of
such termination. In that event, all finisbed and unfInished documents and other materials shall,
at the option of the City, become City's sole and exclusive property. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement.
Consultant shall maintain adequate logs and tirnesheets 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
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WILBUR
SMITH
ASSOCIATES
ENGINEERS. PLANNERS
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May 7, 1996
Mr. Tim Tucker, Associate Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear:Mr. Tucker:
Wilbur Smith .A,..ssociat~s (WSA) is pleased to accept the City of Dublin's invitation to provide
transportation consulting services related to studj~s of new development. We have a long history
of pro\.~ding similar services to local agencies throughout northern California dating from the
opening of our San Francisco office in 1956.
Staffing
'WSA currently employs 11 transportation engineers and planners; together with our support staff
we employ 17 people in San Francisco and 2 people in San Jose. WSA proposes a well-qualified
staff to fuliil1 the City's needs, led by Ron Holmes, P.E. and Mchel1e DeRobertis, P _E. .A.n
organization chart is attached for your information.
Staff specifically proposed for studi~s in Dublin, including proposed hourly billing rates,
are as follows:
Bill Hurrell, P _E., Principal-in-Charge
Ron Holm~s, P .E., Project Director
Roger Henderson, P .E., CMA.. Methods
Michdle DeRobertis, P _E., Project Manager
Ron Foster, Project Planner
Jason Loa, Project Engineer
Carol Levine, Graphics
Fong Chen, Traffic Count Field Supervisor
Leslie Da1e, C1erical
Part-Time Staff - Traffic Counts
S] 55 per hour
155
130
$115 per hour
SO
65
$ 65 per hour
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Basis of Charges
WSA's Western Region Rate Schedule, listed by position, is attached. The basis for our charges
are on actual time spent in one-half hour increments. WSA charges separately for the actual cost
of telephone, fax., maiJ, in-house printing, copy shop reproductions and mileage at the rate of 26
cents per mile.
Statement of Qualifications
þJso attached is a description of the Firm and a summary of our qualifications. We are very
excited about the opportunity to work with the City of Dublin. Please do not hesitate to call me,
Mchelle DeRobertis or Roger Henderson at (415) 896-0670 if you have any questions. We aJso
encourage you to contact our references listed in the attached Statement of Qualifications.
Sincere]y,
V4Ç-%~
'William E. HurrelJ, P .E.
Regional "Vice President
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WESTERN REGION RATE SCHEDULE
Classification
00. Executive Management Officers
01. Officers/Principa!s
02. Associate Engineers. Planners, Etc.
03. Principal Engineers, Planners, Etc.
04. Senior Engineers, Planners, Etc.
05. Engineers, Planners, Etc.
06. Assistan1 Engineers, Planners, Etc.
10. Technicians
21. Draftspersons
30. Word Processorsrrechnical Typists
40. Enumerators
50. Te-Ghnical and Clerical
60. Fieid
N{)ï3: (') I rave!, reP<OOu¡:tions. leleDhOOe. suc%es anö orner ~ at c:cs: Dlus 10 oercen:..
(2) i'Dr a:::>"..aranœ at 10rmaJ heannçs or court tesl.mony. tne 2::cNe rates are 10 De mc:rezsed by 50 oerce"L
(3j i'ees are œyaDle in U.S. Della-os WltroDU1 dís=J"'-
(-") Rates ,nc:Jude c:omoensat'OC1. benefits. ovemead and fee.
Rate
Per Hour
S; 200.00
155.00
130.00
115.00
90.00
80.00
65.00
55.00
55.00
55.00
50.00
-45.00
14.00
2.'96
WILBUR SMiTH ASSOCIATES
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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 faciJities 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
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EXHIBIT D
GENERt\L PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the tenn of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consultant's engineering services rendered
pursuant to this Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all
licenses, pennits, 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 tenn of this
Agreement any licenses, pennits, 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 Agreement.
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's 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 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" fonn CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering AutomobiJe
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
B. Minimum Limits ofInsurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this projectl1ocation or the general
aggregate limit shall be twice the reqUÍIed occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injlliJ and property damage.
Exhibit D
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(3)
Workers Compensation and Employers Liability: Workers Compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of$l,OOO,OOO per acc~dent
C. 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:
(If 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 vvith 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.
(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 insurer's 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.
Exhibit D
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Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptability ofInsurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VIII.
F. Verification of Covera~e. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy aTe to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
H. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages. scope, lirrllts and forms of such insurance are either
not commercially available or that the City's interests are otherwise fully protected.
5. CONSUL T ANT 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.
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. STA.NDARD 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 aTea in which
Consultant practices his profession. All instruments of service of whatsoever nature which
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work., shall beaT all losses and damages directly or indirectly resulting to
him, to any sub consultant, to the" City, to City officers and employees, or to parties designated by
the City, on account of the negligent performance or character of the work., unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant or ofhis sub consultant. Consultant shall indemnify, defend and hold harmless the
City, its officers, officials, directors, employees and agents from and against any or all loss,
liability, e:x.-pense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the negligent performance of the work.
This paragraph shall not be construed to exempt the City, its employees and officers from its OWi_
fraud, willful injury or violation of law whether willful or negligent. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a
.Exhibit D
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construcrion 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
consi derati on.
Approval of the insurance contracts does not relieve the Consultant or sub consultants from
liability under this paragraph. .
1 o. GOVERNMENTAL REGULA TJONS. 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, 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
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WILBUR
SMITH
ASSOCIATES
ENGINEERS. PLANNERS
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January 28, 1998
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Lee S. Thompson
Director
Public Works Department
P.O. Box 2340
DubEn, CA 94568
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RE: Two Year Contract
Dear Mr. Thompson:
r have reviewed our current contract with the City. Based upon that review I find that the contract
language and the schedule of hourly rates continue to be acceptable for fiscal year 1998-99.
We look forward to the opportunity to provide you with assistance under this contract
Very truly yours,
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William E. Hurrell, P.E. ,"
Regional Vice President
VVEHíweh
#044000
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RESOLUTION NO. - 98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
'" '" '" '" '" '" '" '" '"
APPROVJNG AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES
WITH WILBUR SMITH ASSOCIATES
WHEREAS, the City Council of the City of Dublin approved an agreement for traffic engineering
services with Wilbur Smith Associates, on June 11, 1997; and
WHEREAS, said agreement contained a fee schedule which is not proposed to increase for the
upcoming fiscal year; and
WHEREAS, the term ofthe agreement is proposed to be extended until June 30, 1999;
NOW, TIffiREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the amendment to the agreement (extension of term) with Wilbur Smith Associates, 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 19th day of May, 1998.
AYES:
NOES:
ABSENT:
ABSTAlN:
Mayor
ATTEST:
City Clerk
g:\engr\wilsrniili \resoamnd
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EXHIBIT flAil OF RESOLUTION -98
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND WILBUR SMITH ASSOCIATES
FOR TRAFFIC ENGINEERING SERVICES
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Wilbur Smith
Associates (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11,
1997, to provide engineering services to CITY; and
WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement
for an additional one-year period (terminating June 30, 1999);
NOW, THEREFORE, the parties hereto agree as follows:
Extension of Term
The term of the agreement shall be extended to coincide with the end of the 1998-99 Fiscal Year;
i.e., until June 30, 1999.
CITY OF DUBLIN
Mayor
ATTEST:
City Clerk
WILBUR SMITH ASSOCIATES
Date: