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HomeMy WebLinkAbout4.07 OmniMeans TrafficEngr CITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETZNG DATE: July 3, 2001 SUBJECT: Amendment to Agreement with Omni-Means for General Traffic Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution and Proposed Amendment Letter from Omni-Means Current Agreement and Amendment RECOMMENDATION: FINANCIAL STATEMENT: Adopt resolution approving amendment to agreement and authorize Mayor to execute amendment. Under this agreement, Omni-Means provides traffic engineering services to the City based on the adopted rate schedule. Types of services performed would typically be peer review or preparation of traffic studies associated with private development projects in eastern or downtown Dublin. Developers pay for the costs of these services. Omni-Means is proposing a rate increase for Fiscal Year 2001-2002 ranging between 1.2% and 7.7%, depending on personnel classification. The net effect of the adjustment if applied to 2000-01 hours by classification would be a 4.0% increase. This increase is commensurate with the Consumer Price Index rate. DESCRIPTION: The City has contracted with Omni-Means since 1996 for general Traffic Engineering services. The services provided to date have been peer review and preparation of traffic studies associated with private development projects in eastern and downtown Dublin. This past year, Omni-Means also conducted a traffic speed survey study to update the City' s speed surveys for the purpose of continuing radar enforcement on City streets. The traffic speed survey study is now complete, and it is not anticipated that this type of service will be needed in the near future. Staff is proposing that the agreement with Omni-Means be extended for a two-year period and to allow the consultant to request an adjustment of rates for the second year of the term. The work provided to date by Omni-Means has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the agreement. COPIES TO: George Nickelson, Omni-Means ITEM NO. ~ g:\engr\omni means\agstamndO 1 RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH OMNI-MEANS WHEREAS,. the City Council of the City of Dublin approved an agreement for consulting traffic engineering services with Omni-Means, on June 11, 1996, which was extended until June 30, 2001; and WHEREAS, the term of the agreement is proposed to be extended until June 30, 2003, allowing Omni-Means to request an adjustment of rates for the second year of the term; NOW, THEREFORE, BE IT RESOLVED that the City Council 0fthe City of Dublin does hereby approve the amendment to the agreement (extension of term) with Omni-Means, 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 3rd day of July, 2001. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk glengrlomni-meanslresoamendO1 EXHIBIT "A" OF RESOLUTION -01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND OMNI-MEANS FOR GENERAL TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1996, to provide consulting traffic engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2001; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2003); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to June 30, 2003. Adjustment of Rates The rate schedule attached hereto shall be effective for the 2001-2002 fiscal year. Consultant may propose a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN ATTEST: City Clerk Mayor OMNI-MEANS Date: G:\Engr-contracfiomni\amendment0 1 .doc EXHIBIT I OF AMENDMENT TO AGREEMENT OMNI-MEANS CLASSIFICATION Consultant (Branch Mgr.) Traffic Engineer 3. Traffic Engineer 3 Technician 3 2001-2002 PROPOSED RATE $150 104 86 70 g:engfiomni-means\Exhibit 1 amendment ENGINEERS,pLANNERS March 8, 2001 Mr. Lee S. Thompson Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Billing Rate .Comparison (2000-2001'to 2001-2002) Related to Omni-Means Agreement for Traffic Engineering Services Dear Mr. Thompson: The following is a billing rate comparison showing total hours billed during 2000-2001 (through February 23, 2001), 2000'2001 rates/staff tides and proposed 2001-2002 rates/staff titles: ' '; :: 'Title' .. Consultant (BranCh: Mgr.) Traf. Engr. 3 (Galloway) Traf. Engr. 3 (Narayanan) Project Mgr. 2 Technician 1 Current Rates/Titles 2000-01 2000-01 Rates HOUrs Through"2'/2-3/0i":'!i $145 57.0 .... $100 639.0 " $85 35.0 $98 ' 3.0 $65 178.0 Total Cost', $ 8,265.00 $ 63,900.00 $ 2,975.00. $ 294.00 $11,570.00 Totals: $ 87,004.00 Proposed Rates/Titles 2001-02 Total Title Rates Hours Cost Percent Increase/Decrease Consultant (Branch Mgr.) $1'50 Traffic E~gr: 3.:.(~a!!0w.ay). $104 Traf. Engr. 3 (Narayanan) $86 Techniciaii '3 $70:" Totals: ROSEVILLE 2237 Douglas Boulevard, Suite 1 O0 Roseville, CA 95661 (916) 782-8688. FAX (916) 782-8689 REDDING 434 Redcliff Drive, Suite D Redding, CA 96002 (530) .223-6500 FAX (530) 223-9326 57.0 $ 8,550.00 '+3.4.% 639.0 ' ' $ 66,456.00 +4.0% .: .., '35.'(j ..........$ 3~0i0:00 .....+1.2% ...... '178:0': :. ':.::"'$12,4'60;00 ..~F:7.:7% ':";"~...'; ':,, ~.,..'. '$ 90,476.00 +4.0% VISALIA 720 W. Center Avenue, Suit. Vjsalia, CA 93291 (559) 734-5895 FAX (559) 734-5899 March 8, 2001 Mr. Lee Thompson Page 2 As indicated in the above comparison Tables, our overall billings are projected to rise by 4.0%, comparing 2000-2001 rates/hours with the rates/hours proposed for fiscal year 2001-2002. It should be noted that. the Project Manager 2 position listed for 2000-01 is not anticipated to work on Dublin projects in 2001~2002. We trust that the City will find these rates/hours acceptable. Please call us if you have any questions or comments. Sincerely, / Branch Manager STANDARD CONSULTING ENGINEERING SERVICES AGREEMEiNT THIS AGREEMENT is made at Dublin, California, as of~ye~ / ( ,1996, by and · stween the CITY OF DUBLIN, a municipal corporation ("City"), and OMNI-MEANS ("Consultant"), :ho agree as follows: 1. SERVICES. Subject to tl~e terms and conditions set forth in this Agreement, ': onsultant shall provide to City the services described in Exhibit A. Consultant shall provide said en,ices at the time, place, and in the mm. mer specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for sen,ices rendered pursuant to this '.greement ai the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall the only payments to be made to Consultant for services rendered pursuant to this Ag'reement. 'onsultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no "runner be specified in Exhibit B, then according to the usual and customary procedures and practices 'hich Consultant uses for billing clients similar to City. 3. FACILITIES AND EOUIPMENT." Except as set forth in Ex_kibit C, Consultant shall, at sole cost and expense, finnish all facilities and equipment which may be required for furnishing .n,ices pursuant to this A~eement. City shall furnish to Consultant only the facilities and equipment ~ed 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 is Ageement In the event of any inconsistency between said general provisions and any other terms or lnditions of this Ageement, the other term 'or condition shall control insofar as it is inconsistent with the .-neral provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference zorporated herein. 6. SUBCO.'KrTRACTING. The Consultant shall perform the work contemplated with sources available within its own organization and no portion of the work pertinent to this contract shall : subaontract-.e,d without written authorization by the City,-except that which is expressly identified in = Consultant's proposal. ' 7. CHANGES. City may from time to time require changes in the scope of the ~dces by Consulfont to be performed under this Ageement. Such changes, including any change in the nount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be k~ctive as amendments to this A~eement only when in writing. · g. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the 'oject for the duration 0fthe project. There shall be no change in the P~Dject Manager or members of the oject team without prior written approval by the City. The Proj=ct Manager for Consultant shall be EORGE W. hrlCKELSON. 9. COJxrt'ZACT .ADMINISTRATION. This Ag'reement shall be administered by LEE S. 2-tOMPSON ("Administrator")..411 correspondence shall be directed to or through the Adminis~aIor or :s or desig"nee. __re'cement age 1 of 2 .6/04/96 ] O. NOY]CBS. Any wriUen notice lo Consultant shall be sere to: Any written notice to City shall be sent to: Lee S. Thompson Director of Public Worb/Ciiy Engineer · P. O. Box 2340 Dublin, CA 945.68 Executed as of the day first above LRyClerkk- Approved as to form: City Attorney CITY OF DUBLIN, a municipal corporation By J(/7_~,-~ ,~, "'~Ci~ By. A_zr=cmeni P~gc 2 of 2 05/06/96 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE To provide traffic studies, peer review and other traffic related sen,ices 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 Pa~e 1 of EX~IIBIT B PAYMENT SCHEDULE City shall pay Consultant an mount not to exceed fie tom/sum of SEVENTY THOUSAND DOLLARS ($70,000) PER YEAR for services Io be performed pursuant to this A_.Sreemcnt. Consultant shall submit invoices at the end of project based on the cost for services perforated on a time and expenses bases. The total sum stated above shall be the tom/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 ex?ense or cost whatsoever incurred by Consultant in rendering services pursuant to this A~eement City shall make no paymere for any extr~ further or additional service pursuant to this A~rcemcnt unless such ex"tra sen,ice and the price therefor is a~eed to in writing executed by the City Manager or other desigmated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed rwcnD:- five percent (25%) of the initial contract price. -The services m be provided under this A~rccmcnt msy be terminated wkhout cause at any point in firnc in the sole and exclusive discretion of City. If the A~reemcnt is terminated by City, Consultant shall be cnfi~ed to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all T~n~shcd snd unfinished documents and other materials shall, ai the option of the City, become City's sole and exclusive property. Consultant hereby expressly wsivcs any and all claims for damages or compensation arising under this AErcement. Consuksnt shall maintain adequate logs and timesheets in order to vcri~y costs incurred to date. The Consultant is not authorized to perform any services or incur any costs . whatsoever under the tcr~ of this A~orecrncnt until receipt of a fully executed Purchase Order the Finance Department of the City of Dublin. Exhibit B Pa~c 1 of 1 05/06/96 EXHIBIT C City shall famish physical facilities such as desks, filing cabinets, and conference space, as may be r~asonably necessary for Contraclor's use whi]~ consulting with City ~mployees and reviewing records and the information in possession of City. The location, quantity, and ffme of furnishing said physical facilities shall bs in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring an), dLmct expense, including, but not limiting th~ generality of this exclusion, long-distance telephone or oth~r communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 05/06/96 EXHIBIT D GENERAL PROVISIONS /NDEPF, NDENT CONTRACTOR. At all times during the term of this Agreemere, Consultant shah 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 0f. Consultant's engineering services rendered pure, rant to this Agreement; however, City shall not have the fight to control the means by which Consultant accomplishes services rendered pursuant to this A~eement LICENSES: PERMITS: ETC. Consultant represents and wanrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect a~ all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. T/ME. Consultant shall devote such time to the performance of sendces pursuant to this Agreement as may be reasonaMy neckscry for satisfactory performance of Consultant's obligafions pursuant to this Agreement YNSLrRANCB REQUIREMENTS. Consultant shal/procure and maintain for the duration of the contract insurance against claims for injuries to persons or ct~mages to property which may arise from or in bnnection with the performance of the work hereunder by the Consultrout, his ~ents, representatives, employees or subconwaciors. The cost of such insurance shall be included in the Consultant's bid_ .:- Minimum Scope of Insurance. Coverage shall bs at least as broad as: tn.~urance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and insurance Services Office form number OL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CO 0001). Insurance Services Office form number CA 0001 CEd. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Worker's Compensation insmanse as required by the Labor Code of the State of California and Employers Liability in-~urance. B. "'. Minimum Limits of insure_nee. Consultant shall maintain its no less than: 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 ag~egate limit is used, either the gener~ ag~cgate limit shall apply scparaLety to this project/location or the general aggregate limit shall be twice the required occurrence limit (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injm7 and propert), dmnnage. Exh]bh D Page 1 of 4 05/06/9~i (3) ~Vorkers Compensation and Employers Liability: Workers Compensation limits~-~. as required by the Labor Code of the Slate of California and Employers Liabilit,'. limits of $1,000,O00 per accident. DeductShies and So]f-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 deduc~bles or self-insured retentions as respects the Cky, its officers, officials and employees; or the Consu/mn~ shall procure a bond guaranteeing payment of losses and reIated investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following. provisions: General Liability and Automobile Liability Coverages. (© The City, its of:risers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities p~rformed by or on b~half ofthe Consultant; products and compBted operations of the ConSultant premises owned, occupied or used by th: Consultant, or automobiles owned, Based, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. The ConsulUnfs insurance coverage shzal be primary insurance as respects the City, its officers, officials, employees and volunteers. Amy insurance or sc~-~s~cc mi~cd by tc CiF, i~ o~csrs, o~ci~s, employees ;7"7' or vo]~ecrs sh~l bc excess of~e Com~snfs ~Ecc ~d sh~ not conMbutc ~ it Any fafiurc to comply ~4th reporting provisions of the policies shall not affect coycrags provided m the City, its officers, officials, employees or volumeers. (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, excep~ w~th respect to the limits of the insurer's liability. Workers Compensation and Employers Liability Coverage. The insurer shall a~ee to waive all fights of subrogation agains~ the City, officers, officials, employees and volunteers for losses arising from work performed by the ConsulUnt for the City. (3) Professional Liability. Consultant shall cariF professional liability insurance in an amounl deemed by the City to adequately protect the CiD' a_~s~ngt liability caused by negligent acts, errors or omissions on the part of the Consultaut in the $ours~ of performance of the sendoes specified in this A~eemsnt A/1 Coverages. Exhibh D P~e 2 of 4 05/06/96 Each insurance policy required by this clause shall be endorsed to state tm coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in Emits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIH. Verification of Coverape. Consultant shall furnish City with certificates of insurance and with original endorsements effec~ng coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer T.o bind coverage on its behalf. The certiiicates and endorsements are T.o be received and ap/~roved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of tho ' surenee requirements upon · ' e c; . ' ' ' ' e CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, T.o act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or irapiled, pursuant to this A~eemeni to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to This AFeemem rosy assign any fight or obligation pursuant to this A~eement..Any attempted or purported assignmenl of any right or obligation pursuanT. to this A~eemen~ shall be void and of no PERSO.N~rEL. Consultant shall assig-n 'only competent persome/to perform services pursuant to ' this A~eement In the event that City, in its sole discretion, at any time during fie term of this A_zrccment, desires the removal of any such persons, Consultant shall, immediately upon rccei~4ng notice from City of such desire of City, cause the removal of such person or persons. STA.krDARD OF PERFORMANCE: ConsulTant shall perform all services requbed pursuant to this Agreement in the manner and according to the standards observed by a competent praclkioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant ~o this Agreement shall be prepared in a substantial, f~-st class and worlcmantike manner and conform ~o the standards of quality normally observed by a person practicing in Consultan/'s profession. HOLD HARMLESS AkD RESPONSIBILITY OF CONSULTANTS. Consultant shall rake all respor. sibiiity for the work, shall bear ali losses and damages tiresfly or indirectly resulting to him, ~o any subconsultant, to th[ 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 dif:fisutfies, accidents, occurrences or offnet causes predicated on active or passive negligence of the Consullant or of his stfoconsulTznt ConsulianI fnall indemniff'-y, defend and hold hamless City, i*.s officers, officials, directors, employees and agents from and against any or all loss, ti~foiiity, expense, cts~m, costs (including costs of defense), suits, and damages of every nature and description divesfly or indirec~y raising from the negligent performance of!he worm This pm-agraph shall not be construed io exempt the City, its employees and officers from its own ~-aud, willful injury or violation of law whether willfnml or negligent For purposes of Section 2782 of the Civil Code the pm-15es hereto reco=mnjze and agree ~ai this Agreement is not a Exhibit D Page 3 of 4 05/06/96 10. 11. construction contract. By execution of this Agreement Consultant acknowledges and agrees zhs:..~ he has read and understands the provisions hereof and that this para_m-aph is a material element.- consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REOULAT/ONS. To the extent thai this Agreement may be funded by riseal 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. DOCUMENTS. All reports, data, maps, models, char!s, 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, cop3~ights, or patent ri~=hts by 'Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority m publish, disclose (as may be ]imiled by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement - Exhibit D Page 4 of 4 05/06/96 EXItlBIT "A" OF RESOLUTION /Ot5) -98 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND OMNI MEANS FOR TRAFFIC ENGINEERING SERVICES' WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omni-Means (hereinaier 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 a~eement for an additional one-year period (terminating June 30, 1999); NOW, THEREFORE, tl~e 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, t999. Adjustment of Rates Charge rates for utilized personnel categories during the contract term shall be as per the rate schedule dated effective December 1, 1996 attached hereto as Exhibit "A". ATTE · C rk ~' CITY OF DUBLIN ayor Date: ' 17~/11 [ {~ RESOLUTION NO. 221 - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO CONTRACT WITH OMNI-MEANS FOR FY2000-01 WHEREAS, the City Council of the City of Dublin approved an agreement for traffic engineering services with Omni-Means, on June 11, 1997; and WHEREAS, the term of said agreement was extended to June 30, 2001; and WHEREAS, said agreement contained a not-to-exceed amount for fiscal year 2000-01 of $70,000; and WHEREAS, said services are primarily for private development traffic study preparation and costs are charged to developers; and WHEREAS, City anticipates that, due to the current workload, the total projected charges for the fiscal year will exceed said not-to-exceed amount of $70,000; and WHEREAS, City desires to amend said agreement to increase the not-to-exceed amount to $195,000 under the existing terms of said agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with Omni-Means, which is attached hereto as "Exhibit A." PASSED, APPROVED AND ADOPTED this 19th day of December, 2000. AYES: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston NOES: None AB SENT: None ABSTAIN: None ATTES~~~ C~ Mayor K2/G/12-19-00/reso~omnimeans.doc (Item 4.20) G : ~Engr-contractXomni treso budget amend_OO-O I,doc