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Home My WebLink About4.13 TJKM Traffic AmendCITY CLERK FILE # 600-30 AGE N DA STATE M E NT CITY COUNCI'L MEETZNG DATE: July 3, 2003. SUBJECT: Amendment to Agreement with TJKM Transportation Consultants For Traffic Engineering Services Report Prepared by: Lee S. Thompson, Public [Forks Director ATTACHMENTS: 1) 2) 3) Resolution and Proposed Amendment Letter from TJKM, including comparison of Current and Proposed Rate Schedules Current Agreement and Amendment RECOMMENDATION: FINANCIAL STATEMENT: Adopt resolution approving amendment to agreement and authorize Mayor to execute amendment. TJKM is proposing rate adjustments that range from 0% to about 14.29%, depending on personnel classification. The net effect of the adjustment if applied to 2001-02 hours by classification would be a 4.59% increase, which is below the Consumer Price Index rate of increase. DESCRIPTION: The City has contracted with TJKM Transportation Consultants since 1983 for traffic engineering services. Services provided have been primarily in the area of preparing private development traffic studies, Capital Project Traffic Analysis and general traffic engineering services. TJKM's current agreement was approved by the City on July 7, 1998. On July 20, 1999, the City Council approved an extension of the agreement for an additional two years, terminating June 30, 2001, with a provision for an adjustment of rates after one year. TJKM requested and was granted a 3.2% increase in rates on June 20, 2000. Staff is proposing that TJKM's agreement be extended for a two-year period, with a rate adjustment allowed after the first year. Under this agreement, the City may request that TJKM perform general engineering tasks, such as preparing routine traffic studies, attending the City's Traffic Safety Committee meetings, and private development review of projects and Capital Project Traffic Analysis. The work provided by TJKM to date has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the agreement. g:\engr\tjkm\agstamnd0 1 COPIES TO: Chris Kinzel, Sr., TJKM ITEM NO. RESOLUTION NO. - O1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS WHEREAS, the City Council of the City of Dublin approved an agreement for geotechnical services with TJKM Transportation Consultants, on July 7, 1998, which was extended until June 30, 2001; and WHEREAS, the term of the agreement is proposed to be extended until June 30, 2003, allowing TJKM Transportation Consultants to request an adjustment of rates for the second year of the term; .I NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (extension of term) with TJKM Transportation Consultants, 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: ATTEST: City Clerk Mayor gXengrltjkmlresoamendO1 EXHIBIT "A" OF RESOLUTION -01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on July 7, 1998, to provide 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. Adiustment 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 TJKM TRANSPORTATION CONSULTANTS Date: G:\Engr-contracfiTJKIVIXamendment0 1 .doc EXHIBIT 1 OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS CLASSIFICATION Principal Principal Associate Senior Associate Associate Sr. Transportation Engineer Transportation Engineer Asst. Transportation Engineer Technician II Technician l Technician Graphics Designer Designer Admin. Supervisor 2001-2002 PROPOSED RATE $155.00 135.00 126.00 112.00 99.00 90.00 77.00 60.00 60.00 60.00 64.00 64.00 40.00 g:engr\TJKM\Exhibit I amendment Transportation Consultants March 7, 2001 Mr. Lee* Thompson Public Works Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Mr. Thompson: Thank you for the opportunity to submit our rate increase request for FY 2001-2002. I apologize for the delay in getting these to you. TJK_M is proposing to increase rates for the following technical classifications: Principal, Principal Associate, SenSor Associate, Associate, Senior Transportation Engineer, Transpomtion Engineer, Assistant Transportation Engineer, Technician 1I Technician I, and Technseian. We also propose a $5 increase for our Administrative Supervisor category. Our proposed rates for FY 2001-2002 are illustrated on the attached spreadsheet. Also attached is a detailed list of the actual ho~trs charged for each classification in FY 2000-2001. Our proposed rates to the City of Dublin reflect a discounted rate of our normal hourly rates. I have attached our standard rate schedule for your information only. TJKM expects to increase some of these standard rates within the next 2 months. We value our on-call agreement with Dublin and have truly enjoyed being involved in many of the wonderful projects occurring in Dublin since you were incorporated. It has been exciting to watch the successful planning and growth in Dublin. Please let me know if you have any questions regarding our proposed increased. We look forward to another year. of serving your traffic engineering needs. Very truly yours, Chris D. Kinzet, P.E. President Pls server/dubtin/t 57-0012001-2002rates.doc 4234 Hacienda Drive, Suite 101, Pleasanton, California 94588-2721, (925) 463-06 11, Fax (925) Pleasanton and Santa Rosa Rate Comparison for TJKM's City of Dublin On-Call Services 157-001 for 2000-2001 and Proposed for 2001-2002 TITLE PRINCIPAL PRINCIPAL ASSOCIATE SENIOR ASSOCIATE ASSOCIATE SENIOR TRANSP. ENGINEER TRANSPORTN. ENGINEER ASST. TRANSP. ENGINEER TECHNICIAN II TECHNICIAN I TECHNICIAN GRAPHICS DESIGNER DESIGNER ADMINISTRATIVE SUPVSR OTHER, FAX, OUTSIDE EXPENSE TOTALS 2000-2001 712000-212001 RATES HOURS $ 148 34.5 $ 5,106.00 $ 155 $ 127 - $ $ 135 $ 119 0.5 $ 59.50 $ 126 $ 106 - $ $ 112 $ 93 42.5 $ 3,952.50 $ 99 85 72 55 55 55 64 64 35 TOTAL iPROPOSED FOR 2001-2002 COST RATES HOURS COST 2.5 $ 212.50~ $ 90 -$ $77 -$ $60 -$ $60 -$ $60 13.0 $ 832.00 $ 64 8.5 $ 544.00 $ 64 2.0 $ 70.00 $ 40 $ 597.95 103.5'$11,374.45 34.5 $ 5,347.50 $- 0.5 $ 63.00 $ 42.5 $ 4,207.50 2.5 $ 225.00 $ $ $ $ 13.0 $ 832.00 8.5 $ 544.00 2.0 $ 8O.00 $ 597.95 103.5 $11,896.95 PERCENT INCREASE 4.73% 0.00% 5.88% 0.00% 6.45% -5.88% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 14.29% 0.00% 4.59% 21oo dbj c:\excel-dublin 00-01 projec projections TJKM HOURLY RATE SCHEDULE FOR ON-CALL WORK.IN THE CITY OF DUBLIN Proposed 2001-2002 Standard Reduced Standard Reduced Principal $175 $148 $175 $155 5% Principal Associate 150 127 150 135 6% Senior Associate 140 119 140 125 5% Associate 125 106 125 112 ' 6% Senior Traffic Engineering !10 93 110 99 6% Sr. Transportation Engineer 110 93 110 99 6% Traffic Engineer 100 85 100 90 6% Assistant Traffic Engineer 85 72 85 77 7% Traffic Engineering Assistant 85 72 85 77 7% Technician IV 75 55 75 60 9% Technician I11 75 55 75 60 9% Technician I! 75 55 75 60 9% Technician I 75 55 75 60 9% Technician 75 55 75 60 9% Senior Designer 90 75 90 81 8% Technical Staff 75 55 75 60 9% Graphic Designer :- 75 64 75 64 0% Designer 75 64 75 64 0% Drafter 75 64 75 64 · 0% Word Processing Supervisor 65 35 65 40 14% Secretarial/Word Processing 65 35 65 40 14% Administrative Staff 65 35 65 40 14% Computer/Production Specialist 40 35 40 36 3% Production Staff 40 35 40 36 3% Current 2000-2001 % Increase Expert Vtrrtness charges available on request. (a) These rates shall apply to capital improvement design work and private development review as indicated in the master agreement. Standard TJKM rates are subject to increase mid-year 2001. (b) These rates are typically 90 percent of TJKM's standard rates, and shall apply to general traffic engineering services excluding capital improvement design and review. CITY OF DUBLIN On-Call Services 157-00t 2000-2001 TITLE RATE Feb-01 Jan-01 Dec-00 Hrs. Hrs. Hrs. PRINCIPAL $ 148 2 $ 296.00 3.5 $ 518.00 PRINCIPAL ASSOCIATE $ 127 $ $ SENIOR ASSOCIATE $ 119 0.5 '$ 59.50 $ - ASSOCIATE $ 106 $ $ SENIOR TRANSPORTN. ENGINE $ 93 3 $ 279.00 9 $ 837.00 TRANSPORTN. ENGINEER $ 85 2.5 $ 212.50 ASST. TRANSP. ENGINEER $ 72 $ TECHNICIAN I $ 55 $ TECHNICIAN $ 55 $ GRAPHICS DESIGNER $ 64 13 $ 832.00 DESIGNER $ 75 $ AMINISTRATIVE SPRVSR $ 64 $ OTHER(FAX, OUTSIDERS .... $ 35 $ $ 1,679.00 $ $ $ $ $. 0.5 $ 37.50 $ $ $ 1,392.50 Nova0 Hm. Oct-00 Hrs. Sep-00 Hrs. 3.5 '$ 518.00 $ $ $ - 3 $ 279.00 $ $ $ $ $ 2.5 $ 187.50 $ $ 1 ]5 $ 986.25 Aug~0 Hm. July-00 Mar-J un-O0 Total to Date Hrs. 25.5 $ 3,774,00 34.5 $ $ 0.5 $ 27.5 $ 2,557.50 42.5 $ 2.5 $ $ $ $ 13 5.5 $ 412.50 8.5 2.0 $ 128.00 2 $ 103.5 $ 6,872.00 $ 9,250.75 dbj 2/00 Dublin O0-01f.xls CITY OF DUBLIN ACTIVITY OF PRNATE DEVELOPMENT ANALYSIS I TJKM PROJECT#CITY FC-PROJECT # PROJECT DESCRIPTION 157.096 534 Site 5B KOI~ C.e~s,.'-P,hase 2 Total 157-125 96770 Alamo Canal Bike Path Pmiect Total 157-t27 15~129 Total 157-130 Total 157-131 Total 157-132 4s9 SiNera Property 507 Alameda County Sumlus Auth, Site 3 516 S/base Dublin Headquarters 9689 Total 157-137 506 Total 157-139 523 Total iTOTALYTD 157098 435 157-130 5t6 157-132 9689 157-139 523 157-127 499 157-129 507 157-131 96560 157-137 506 157-139 523 Jan-Mar Apr-Jun Juiy-Sep OCt-Dec INVOICE~ INVOICE DATE INVOICE AMOUNT] 1st Quarter 2rid Quarter 3rd QUarter4th Quarter 31071 091071~0 $1,516.00 $0.00 $1,516.00 $0.00 $176.75 $t,957.50 $4,135.50 $0.pe$176.75 $0.00 30360 02/04/00 $490.00 30482 03/06/00 $1,467,50 30576 04105/00 $2,161.00 30652 05103100 $902,00 30764 06/05/00 $1,072,50 31314 12/05/00 30608 02/04100 $457.50 $6,206.43 30787 03f00/00 $1,630.00$480,00 30909 04/05100 $971.07 30987 05103/00 31120 O6/05/00 30301 01111100 30384 02/07/00 30736 05116/00 30756 06/05/00 30959 08/02/00 30397 02/08/00 30513 03/07/00 30607 04107100 30659 00/03/00 Tra01c Signal Desigl'rvilla~le Parkway/Dovona· 3038~ 30483 03/00/00 30632 04111100 30651 05/02/00 30765 06/05/00 30842 02/05100 30484 03/06/00 30766 00/00/00 31164 10/06/00 30747 05105/00 DubEn BNd/Scarlett Ddve Signal Design 31062 G9/07/00 31160 10/06/00 31241 tt/03/00 Dublin Ranch Neigboffiood L-4 Maniott Hotel New Projects Site 59 fdosed 1/5/00) ~re-Opened 0/4/00-08/04100 Alameda County $umlus Site 15 01/04100 Dublin Bvld, Scadett Signal Design0t/25/00 Closed Projects Silvera Property 01/05101 Alameda County Sur~us Authority Site 30t/05/01 Village Pkwy I Devona, Brighton & Tamarach12/30/00 Dublin Ranch Neighboffiood L-406/21/00 Marriott Hotel 12/30/00 $0.00 $1,987.50 ' $7,657,50$0.00 . ~ $5,442.50 $4,522.50 $t,945,20 $4os.o0 $270.00 $9,965.00 $2,3502o $27o,oo $o.oo ~ $5,930.00 $6,89025 $2,755.00 $3,151.85 $t2,820~5 $5,906.85 $0o00 $0.00 ~ $767.05 $7,169.77 $4,231.21 $2,627.31 $3,381.78 $1!775.40 $7,876.82 $10,240.30 $1,775.40$O.pe~ $1,333.24 $230.00 $1~33~4 $230.00 $650.00 $0.00 S650.00 So.pe $182,50 $0.00 $182,50 ~ $0,00 $0,00 $1,187.50 $4,910~0 $6,919,60 $0.00 $1,167.50 $11,830.40 I $33,952.81 I $25,5o0.35 I $12,40s.40 I $12,189.65 I $e4,04tt.21 | Dublin 2000-2001 i 57-098 157-130 157-132 157-139 157-108 157~127 157-129 157-131 157-137 157-139 435 516 9689 523 411 499 507 96560 506 523 New Projects Site 5B (closed 1i5/00) Re-opened 8/4/00 Sybase Dublin Headquarters Dublin Blvd /Scarlett Signal Design Marriott Hotel Closed Projects Yam Yam (orig. cl 1/5/00 reopened 1/5/00 Silvera Property Alameda County Surplus Auth. Site 3 Village Pkwy at Davona, Brighton & Tamarack Dublin Ranch Neighborhood L-4 Marriott Hotel 01/05/00 01/04/00 01/25/00 08/11/00 01/15/01 01105101 01/15/01 12/30/00 06/21/00 12/30/00 157-001 Task 68 69 71 72 73 76 79 80 90 91 92 95 Reiew Casterson Study Hansen Hill Traffic Issues Review of Yara Yara Study Review Park Sierra Study Review Creekside III Study Review General Motors Study Review Santa Rita Site 1 Study Review'PeopleSo~ Development Amador Valley Blvd/Starward Drive West Vomas Road Central/Hibernia All-Way Stop Dublin/Doughery Operations 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 08/08/00 DublinFCAna00~01 .xls sheet 2 STANDARD' CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1; 1992, by and between the CITY OF DUBLIN, a Municipal Corporation ("City")~ an~ TJKM Transportation Consultants, ("Consultant"), who agree as follows: 1. 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 Consultant by providing Consultant with 30 days'.written notice. In the event of such termination, Consultant 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 Consultant terminates its services to City, it must provide City with written notice at least 90 days in advance of such termination. Notices to Consultant or City shall be provided as outlined in Section 13 below. 2. SERVICES. Subject to the terms and conditions set'forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said .services at the time, place, and in the manner specified in Exhibit A. 3. 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. 4. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit G, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing sereices pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit G according to the terms and conditions set forth in ETalibit C. 5. 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. 6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7. OWNERSHIP OF WORK. All documents, data, studies, surveys, drawings, maps, and reports furnished to Consultant by City, as well as reports and supportive data prepared by Consultant under this Agreement shall Agreement with TJKM Transportation Consultants July 1, 1992 ~' PaSe 1 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. 8. COLLECTION OF FEES. Allfees 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 City ordinances and fee schedules in effect and shall provide to the persons designated by City for collection of fees,' the amount of such fees to be collected. 9. .SUBCONTRACTINGo The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subc0ntracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 10. CHANGES. City may from time to time require changes in the 'sCope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. ~11. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. . 12. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his designee. 13. NOTICES. Any written notice to Consultant shall be sent to: TJICMTransportation Consultants 4637 Chabot Drive Suite 214 Pleasanton GA 94588 . 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 Agreement with TJKM Transportation Consultants July 1, 1992 : Page 2 Executed as of the day first above stated: Attest: CITY OF DU IN, . TJKM TRANSPORTATION CONSULTANTS Chris D. Kinzel Approved as to form: ~ City A~torney Agreement with TJKM Transportation Consultants July 1, 1992 Page 3 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE 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 ~ Perform the statutory responsibilities of .City Traffic Engineer. Analyze the Gity's traffic engineering needs and recommend programs to the City Manager consistent with the economic capabilities of the City° Attend meetings with City Staff, public officials, community leaders, developers, contractors, and the general public, as required by the City. At the discretion of the City, reyiew and comment on planning programs and land development projects which are not only located within the City, but also located outside the City and whidh may have a traffic impact on the City. 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 funding. 6~ Recommend ordinances and regulations pertaining to traffic engineering matters. Establish working relationships. and Coordination with other public agencies and private utilities involving traffic engineering matters affecting the City. Provide special engineering reports as to such related traffic studies. 10. Give direction to and assist City Staff in performing traffic studies as necessary and/or required.. 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. Exhibit A Page 1 of 2 Development ReView Duties Review proposed developments and make recommendations pertaining to traffic engineering considerations. Review traffic engineering aspects ofplanning applications~ Capital Projects Assist the City Manager in the development of a Capital Improvement Program that relates to traffic matters. Upon specific and separate authorization by City, prepare plans and specifications for traffic-related Capital Improvement Projects. It is understood that Consultant may provide design · services for traffic related Capital Improvement Projects. However, City reserves the right to bid any project or bring in specialists when deemed necessary by City or' 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. D. Designation as City Traffic Engineer For the term ofthis agreement, the following employee of Consultant is designated as City Traffic Engineer: Chris Kinzel - Registered Traffic Engineer Exhibit A Page 2 of 2 EXItIBIT B PAYMENT SCHEDULE Consultant shall be compensated for'work as follows: A. The following work shall becharged at 80 percent of the rates shown in Exhibit B-1. Be General traffic engineering services and studies excluding capital improvement project design. The following work shall be charged at the rates sho~ in Exhibit B-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. Review of proposed developments and traffic studies for proposed developments when paid by outside fees. City shall not pay for the cost of commuting from Consultant's office to Dublin City Offices. City shall pay Consultant's invoices no later than 30 days from.the billing date providing, in City's estimation, that said invoices are correct and sufficient backup is attached. City shall advise Consultant within 30 days of the billing date if said invoices are deemed incorrect. Exhibit B Page 1 of 1 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City.. The location, quantity, and time Of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles,'and reproduction facilities. Exhibit C Page 1 of 1 EXHIBIT D GENERAL PROVISIONS INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Gonsultant's engineering services rendered pursuant to this Agreement; however, City shall not have the. right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement° LICENSES: PERMITS: ETC.' Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally 'required for Consultant to practice his profession°. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement aS may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REOUIREMENTS. 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 ~onsultantis bid. 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" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed.' 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of' the State' of California and Employers Liability Insurance. Minimum Limits' of Insurance. Consultant shall maintain limits no less than: (i) 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 Exhibit :D Page 1 of 5 July 1, 1992 general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $500,000 combined single limit per accident for bodily injury and $100,000 for property damage. (3) Workers 'Compensation and Employers Liability: Workers Compensation .limits as required by the Labor Code of the State of California and Employers Liability limits. of $500,000 per accident· Deductibles and Self-Insured Retentions. Any deductibles or selfr insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibleS or self-insured retentions as respects the City, its officers, officials and employeeS; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance ProvisionS· The policies are to contain, Or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages· (a) The City, its officers, officials,.employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Gonsultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to Comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (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. Exhibit D Page 2 of 5 July 1, 1992 (2) gorker'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 of $500,000 Gity to protect the' City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of.performance of the 'services specified in this Agreement° (4) All Coverages. Each' insurance policy requiredby 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. Acceptability of Insurers. Insurance is to be placed with insurers with a Beets' rating of no less than A:VIII. Verification of Coverage. Consultant shall furnish~City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificatels and endorsements for each insurance policy are to be. signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all.required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity. whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Gity to any obligation. whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted. or purported assignment of any right or obligation pursuant to this 'Agreement shall be void and Of no effect. PERSONNELl Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole Exhibit D Page 3of 5 July 1, 1992 10. 11. discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal. of such person or persons° STANDARD OF-PERFORMANCE~ Consultant shall perform all services required pursuant tot his Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his.profession° All. instruments of service of whatsoever nature which Consultant delivers to City pursuant t0 this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any 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 negligenceof the Consultant or .of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indireCtly'arising from the Gonsultant's negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof'and that this paragraph is a material element of consideration~ Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGUlATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall .comply- with 'all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 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 orproperties 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 Fublic Records Act), distribute, and otherwise use, copyright or Exhibit D Page 4 of 5 July 1, 1992 12. patent, in whole or in part', any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. a: (contraCts) \ tjkm\agrement Exhibit D Page 5 of 5 July 1, 1992 EXI-HBIT "A" OF lIESOLUTION/~)4 -00 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJ'K2M TRANSPORTATION CONSULTANTS FOR ENGINEERING SERVICES WHEREAS, the City of Dublin Cnereinafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT"), entered into an agreement on July 7, 1998, to provide engineering services to CITY: and WHEREAS, said agreement was mended in July of 1999 to extend the term of agreement for an additional two years, tem~inatlng Jmae 30, 200t; and WHEREAS, said amendment to agreement included a provision for an agreed-to increase in fee rates at the end of the 1999-2000 Fiscal Year; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2000-2001; NOW, THEREFORE, the parties her~to agree as follows: ~.aiustme_n..~, O.f Rates · 'It~e rate schedule attached hereto as Exhibit I shall be in effect for Fiscal Year 2000-2001 until termination of agreement on June 30, 2001. ATTE · ~~ CITY OF DUBLIN TJKM TRANSPORTATION CONgULTANT~q g:e~gfitjl~\amenclmentO0 G:~ngr-c~ntraet\TJKM',amen{lmentOO.{toe EXHIBIT 1 OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS PROPOSED 2000-2001 Standard (a) Reduced (b) CLA_SSIFICATIQ_N TJKM Rate Ci~..O.f..DHb. lin Principal $175 $148 Principal Associate 150 127 St. AsSo{~iate ............. t 40 ..... 1"'~ 9' Associate '125 106 Sr. TraffiC.,Engineer 110 93 S~': Transportation Engineer 110 ................:93 Traffic Engineer 100 85 Assistant Traffic Engineer 85 72 Traffi~gineering Assistant 75 ........ 64 ....... Technician IV 75 55 Technician III 75 55 TechniC'ia~"'ii ................. 75 55 Technician I 75 55 St. Designer 90 75 Technical Staff ....................... ~5' ...................55 Graphics Designer 75 64 Designer 75 64 Drafter 75 64 Word Processing Supervisor 65 35 Secretarial/Word Processing 65 ........ 35 Administrative Staff 65 35 Computer/Production Specialist 40 35 Production Staff 40 35 (a)' (b) These rates shall apply to capital improvement design work and private development review as indicated in the master agreement. These rates are typically 85 percent of TJKM's standard rates, and shall apply to general traffic engineering services, excluding capital improvement design and review. g:eng~Jkm~exhtbit I amendment EXHIBIT "A" OF RESOLUTION AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS :IrOR 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 July 7, 1998, to provide engineering services to CITY: and WI-IEREAS, said agreement was mended in April of 1999 to extend the not-to-exceed limit for Fiscal Year 1998-99; and WHEREAS, the City and the Consultant wish to extend the term of agreement for an additional two years;::te~~"j~"30; 200.i!i~:;and. WHEREAS, Consultant has requested an adjusi~nent of rates for Fiscal Year 1999-2000; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of agreement shall be until June 30, 2001. Adjustment of Rates The rate schedule attached hereto as'Exhibit 1 shall be in effect for Fiscal Year 1999-2000. Consultant shall. be entitled to request a further adjustment of rates for the second year of the agreemere term. ATTEST: CITY OF DUBLIN TJKM TRANSPORTATION CONSULTANTS \\DUBLINFS2~P-WXEngr-contract\TJKIvlXamcndment99~005doc TXKM Hourly Rate Schedule for On-Call City .of Dublin Work Principal P~noipal Associate Senior AsSochte Associate ' Senior Traffic Engineering,. - St. TranspOrtation Engineer · Traffic Engineer Assistant Traffic Engin~r Traffic Engineering Assistant T eelmician IV Technioian.llI Techr~ian II' Technicira I. Graphics Designer Designer Drai~cr Word Processing Supervisor S~creteria!/Word Processing ComputcrfProduction Specialis~, Cullrent PropOsed 1998-1999 , 1999-2000 Standard $155 124 124 110 93 93 82 72 62 62 62 62' 62 62 62 36 36 36 Re, duc, ed $12t2 105 10S 94 79 '79 70 61 61 53 53 53 53 53 53 53 31 31 31 'Standard $I60 140 130 115 100 I00 90 75 75. 65 65 65 65 65 65 65 36 41 Reduoed $136 '114 Ill · 98: 85 85 76 64 55 55 55 55 55 55 31 31 35 E~pert lfirness charges available on request Ct~ent TJt~/I ratc~ in the City ofDublin, 6ffeotiv~ '97-'99 (no rate increase ~tm-ed in I998/1999) These rates shall apply for eaplial improvenent d~iSn work and privau~ c&w~lopment review as indi~i in the master agr~ra~xt Thes~ rats ar~ .typically 85 l~rc~nt of TJKM~s standard rates, and shah apply to gen~'ml Inffi~ ~ngiae~-~ng sgrvlce~ ~oh~Iing oaiil~tl improvement design and r~vi~v. Dublin Rate Schedule 1999-2000~RP 07/1311999 8:47 AM '1 'WltY, REAS, the City of Dublin (hereinafter ,referred to as "CITY") and TJKlVI Transportation Consultants (hereinafter referred to as "CONSULTANT") entered into an agreement on lune9, 1992, to provide traffic engineering services to CITY: and - WI:tF~REAS, the tenn' of said agreemere was amended to extend to June 30, 1997; and WHEREAS, an adjustment of fees for services rendered has been requested for the 1997- 98 Fiscal Year; NOW, THEREFORE, ,the parties hereto agree as follows: Adjustment of Charg~ Rates CONSULTANT's charge rates shall be as shown on the Schedule of Fees attached as Amendment Exhibit Term of Agreement The term of the agreement shall terminate on June 30, 1998 CITY OF DUBLIN ATTEST: ' Ci l~k g:~:onWaefi. lan~arnendment TJKM TRANSPORTATION CONSULTANTS Principal Date: EXHIBIT I OF AMENDMENT, TJKM Hourly. Rate Schedule -Principal Principal Associate Senior Associate Assec~ate Senior Traffic Engineer Sr. Transportation E/Planner Traffc'Engineer Transportation E/Planner Assistant Traffic Engineer Traffic Engineering Assistant Technician IV Technician HI Technician H Tec~,~cian I Graphics Designer Designer Drafter . Word Precessing Supervisor Secretari'ayWord Pr0~eSsing Computer/ Production Specialist Expert w~mess char~es available on request. Current 96-97 Standarda $160 120 120 120 90 90 80 80 70 60 60 60 60 60 60 60 35 Reduced $:120 102 102 102 77 77 68 60 51 48 48 48 48 51 51 51 30 30 3.0 Cuxre~t TJKM rates in the City of D~b|iu, effectjve Juns 30, 1996. Proposed 97-98 Standard $165 124 124 !10 93 93 82 72 62 62 62 62 62 62 62 62 36 36 36 Reduced $132 105 105 94 79 79 70 70 61 53 53 53 53 53 53 53 53 31 31 31 These rates shall apply for capital ~aproveme~t design work and private development review as imlicated Lu the mastar agreement. These ~atas are 85 percent of TJKM standard rates, and shall apply to ~ral traffic engineering services, excluding capital improvement design and development review. rh~ 157-CON.97 WHEREAS, the City of Dublin (hereinafter referred 'to 'as "CITY") and' TJKM Transportation CohsultantS .(hereinai~er referred to as "CONSULTANT") entered into an agreement On June 9, 1992, to provide traffic engineering services to CITY: and WB'FfREAS, the term of said agreement was mendedto. extend to June 30, 1997; and WHEREAS, an adjustment of fees for services rendered has been requested fo~; the-.1996- 97 Fiseai Year;' THEREFORE, the parties hereto agree as follows: · AdjuStment of Charge Rates CONSULTANT's charge rates shall be as shoWn. on the Schedule of Fees attached as Amendment Eichibit CITY OF DUBLIN ATTEST: g:.XcontractX!ficrnlamendment Principal EXH'!:BI T City of Dublin Engineering Contract TJKM Hourly Rate Schedule Principal Associate Engineers Prtncipot Associate St. Associate Assoclafe Senior Engineers St. Traffic Engineer St. Transpor~crlion Eng/Ranner Engineers Traffic Engineer Transportation Eng/Ranner Asst. Traffic Engineer Technical Staff Traffic Engineerjng Asst. Technician IV Technician III TechniCian II Techr~cian I · Graphics Designer Designer Drafter Production Staff Word Processing Supervisor Sec/Word Processing Computer/Production Speclalid Proposed FY 96/97 Rates Standard Reduced 15% 160 136 120 102 120 102 12O 102 ~ 77 90 77 80 68 80 68 70 60 60 51 60 48 60 48 60 48 60 48 60 51 60 51 60 51 35 30 35 30 35 30 Current Rates Standard Reduced 144 ,115 124 99 113 91 108 87 103 82 103 82 93 74 93 74 82 66 67 54 54 43 46 37 38 31 2t 16 67 54 57 45 49 40 49 40 47 38 31 31 EXHIBIT "A"' OF RESOLUTION 68 -95 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS. FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (herelnafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT") entered imo an agreement on June 9, 1992, to provide traffic engineering services to CITY: and WHEREAS, the term of said agreement was amended to extend to June30, 1995; and WHEREAS, an additional two-year extension is recommended; and WHEREAS, an adjustment of fees for services rendered has been requested for the 1995- 96'Fiscal Year; NOW,. TIIF~REFORE, the parties hereto agree aS follows: Adjustment of Charge Rates 'CONSULTANTs charge rates shall be as shown on the Schedule of Fees attached as Amendment Exhibit Extension of Agreement The term of the agreement shall be extended for a two-year period, terminating June 30, 1997. .CITY OF DUBLIN or ATTEST': g:XcontractXt./km~amendment TJKM TRANSPORTATION CONSULTANTS 'a4 Principal Date: ' Mr. Lee Thompson, Public WOrE Director City of DublLrt Traffic Engineering Services Page 6 March 7, I995 Table IV TJI4M Hou~y Rate Schedule Principal Principal Associate Senior-Assoeiate Associate Senior Traffic Engineer Sr. Transportation EfHanner Traffic Engineer Transportation EfPlanner Assistant Traffic Engineer Traffic Engineering Assistant Technician IV Technician III Technician II Technician I Graphics Designer Designer Drafter Word Processing Supervisor Secretarial/Word Processing Computer/ Production Specialist Expert witness charges at~ilable on request. Current 94-95 Standarda $140 120 110 105 100 100 90 90 80 65 52 45 37 20 65 48 48 46 30 Reduced $112 96 88 84 80 80 72 72 64 52 42 36 30 16 52 44 39 39 37 30 Current TJKM rates in the City of Dublin, effective February 1, 1994. Proposed 95-96 Standardb $144 124 113 108 103 103 93 93 82 67 54 46 38 21 67 57 49 49 47 31 Reduced $115 99 91 87 82 82 74 74 66 54 43 37 31 16 54 45 40 40 38 31 These rates shall apply for capital improvement design work and private development review as indicated in the master agreement. These rates are 80 percent of TJKM standard rates, and shall apply to general traffic englneeHng services, excluding capital improvement design and development review. 157-CON.95 EXHIBIT "A" OF RK~OLUTION 54-94 AMENDMENT TO AGREEMENT' BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS 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 June 9, 1992, to provide traffic engineering services to CITY: and WHEREAS, on hne 1, 1993, the City Council approved an extension of the term of Agreement to June 30, 1995; .and . WHEREAS, an adjustment of fees.for services rendered has been requested for the 1994-95 Fiscal Year; NOW, THEREFORE, the partieshereto agree as follows: Adjustment of Charge Rates CONSULTANT' s charge rates shall be as shown on the Schedule of Fees attached as Amendment Exhibit "1 ." CITY OF ,DUBLIN Mayor ATTF~T: C c er k TIKM TRANSPORTATION CONSULTANTS F Principal Date: a: (contracts) It.,l'lon lamndment .... ,-,,_,- AMENDMENT' EXHIBIT '1 ,:.': L . ,,_,.-; TJKM-Hourly .Rate Schedule Principal ,Associate Senior'Associate Associate Senior Traffic Engin~rfrrans. Engin~r/Planncr . . Traffic Engineerfinns. Engineer/Planner Assistant Traffic EngineerfFrans. Engineer/Plamer Traffic Engineering Assistant Technician IV Technician HI Technician II Technician I ' Graphics Designer DeSigner Drafter . .. Word Processing Supervisor Word Processor Production Specialist Current $103 86 82 77 52 42 36 30' 16 52 '39 39' 37 3(l' .. Proposed (88 ~ ..... ~80,~,,, ·36. 16 52 ... 39 39 30 I~7-ODN.94 EXHmIT "A" AMENDMENT TO AGRE~NT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS FOR TRAFHC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and TJKM Transportation Consultants enereinafter referred to as "CONSULTANT") entered into an agreement on June 9, 1992, to provide 'traffic engineering services to CITY: and WHEREAS, CITY wishes to, Continue contracting for services from CONSULTANT; and ' W!tEREAS, an adjustment of fees for services rendered is not necessary for the ensuing one-year period (July 1, 1993 to June 30, 1994); NOW, THEREFORE, the parties hereto agree as follows: Extension of Agreement The agreement dated June 9, 1992, shall be extended for a two-year period, beginning July 1, 1993 and terminating June 30, 1995. CONSULTANT shall have the opportunity to propose a rate increase for CITY's approval on an annual basis. CITY OF DUBLIN TJK1Vi TRANSPORTATION CONSULTANTS Principal a: (contracts) ~{ikm ~amndment