HomeMy WebLinkAboutItem 4.10 Traffic Eng Svcs
CITY CLERK
File # D~[?2]~-~[Z2]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 17, 2008
SUBJECT:
Amendment to Agreement with TJKM Transportation Consultants
for Traffic Engineering Services
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
3)
Resolution and Proposed Amendment
Letter from TJKM Transportation Consultants (TJKM)
Current Agreement
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RECOMMENDA TIO~ ~ Adopt the resolution approving the amendment to the Agreement.
FINANCIAL STATEMENT: Under this Agreement, TJKM provides traffic engineering services
to the City based on the proposed rate schedule. Types of services
performed are typically private development traffic studies, which
are paid for by developers at TJKM's standard rates, and general
traffic engineering work, which is paid from the City's operating
budget and billed at rates that are reduced from TJKM's standard
rates. Work on Capital Projects is at standard rates. TJKM provides
a specific per-task estimate for each project and obtains written
authorization from the City before proceeding.
Per Section 2.9 of the Agreement, TJKM is allowed to request a
4.2% rate increase for Fiscal Year 2008-2009 based on the
Consumer Price Index (CPI) for Urban Wage Earners for the San
Francisco-Oakland Bay Area for December 2007.
DESCRIPTION: The City has contracted with TJKM Transportation Consultants
since 1983 for traffic engineering services, initially as a subcontractor to Santina & Thompson, and then a
direct City contract. Services to date have primarily been in the area of preparing private development
traffic studies, such as for Dublin Ranch West (Wallis) and the East Dublin Property Owners (EDPO)
Projects, capital project traffic analysis, and general traffic engineering tasks.
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COpy TO: Chris Kinzel, TJKM
Page 1 of2
G:\CONSULTANTS\T1KM\agst amendment 08-09.doc
ITEM NO.
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The most current Agreement was approved on June 21, 2005, for two years and was extended an
additional two years to June 30, 2009. As allowed by Section 2.9 of the Agreement, the consultant has
requested a rate increase for the second year of the term. The rate schedule proposed by TJKM reflects an
increase of 4.2%, which is consistent with the December 2007 CPI for Urban Wage Earners for the San
Francisco-Oakland Bay Area.
TJKM obtains a not-to-exceed proposal from the City for each specific private development review or
Capital Project. The cost ofthe work is paid by developers or budgeted within individual CIP projects. In
addition to tasks related to private development or Capital Projects, the City also assigns general
engineering tasks to TJKM, such as preparing routine traffic studies, for which the City will be billed at
90% ofTJKM's standard rates. This work is paid for through the City's General Fund.
The work performed to date by TJKM Transportation Consultants has been satisfactory, professional, and
competitive, and Staff recommends that the City Council adopt the resolution approving the amendment
to the Agreement.
Page 2 of2
RESOLUTION NO. - 08
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENT TO AGREEMENT
WITH TJKM TRANSPORTATION CONSULTANTS
FOR TRAFFIC ENGINEERING SERVICES
WHEREAS, the City of Dublin, State of California, entered into a two-year agreement with
TJKM Transportation Consultants on June 21, 2005, to perform traffic engineering services; and
WHEREAS, the term of the agreement was extended an additional two years until June 30, 2009,
allowing TJKM Transportation Consultants to request an adjustment of rates for the second year of the
term; and
WHEREAS, Consultant is requesting an adjustment of rates for Fiscal Year 2008-2009 as
allowed by Section 2.9 of the Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Agreement with TJKM Transportation Consultants, which is
attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Amendment to the
Agreement.
PASSED, APPROVED AND ADOPTED this 17th day of June, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:ICONSULTANTSITJKMlreso amend 08-09.doc
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EXHIBIT "A" OF RESOLUTION -08
-
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 a two-year
agreement on June 21,2005, to provide geotechnical engineering services to CITY; and
WHEREAS, the term of the agreement was extended an additional two years, terminating
June 30, 2009; and
WHEREAS, CONSULTANT has requested an adjustment of rates for Fiscal Year
2008-2009;
NOW, THEREFORE, the parties hereto agree as follows:
Section 1.
Adiustment of Rates
The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2008-2009.
CITY OF DUBLIN
TJKM TRANSPORTATION CONSULTANTS
Janet Lockhart, Mayor
tL p. J!~
chris D. Kinzel, President
ATTEST:
City Clerk
Date: 5 l~ C> ~
C:\Documents and Settings\michelle\amendment 08-09 TlKM.doc
~T A.
2008-2009 CHARGE RATE FEE SCHEDULE
TJKM TRANSPORTATION CONSULTANTS
2008-2009
CLASSIFICATION
Standard (a)
T JKM Rate
Reduced (b)
City of Dublin
Principal
Principal Associate
ITS Director/Modeler
Senior Associate
Associate
Senior Traffic Engineer
Traffic Engineer
Contracts Director
Assistant Traffic Engineer
Assistant Planner
Senior Designer
Graphics Designer
Designer
Technical Staff
Technical Staff II
Administrative Staff
Production Staff
$231
209
204
204
166
154
139
132
127
94
105
105
89
82
33
89
56
$209
194
182
182
154
144
122
105
102
72
100
100
77
72
33
59
49
(a) These rates shall apply to capital improvement design
work and private development review as indicated in the
master agreement.
(b) These rates are typically reduced from T JKM's standard
rates, and shall apply to general traffic engineering
services, excluding capital improvement design and
review.
G:\CONSUL TANTS\T JKM\exhibit 1 amendment 08-09 T JKM.doc
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND T JKM TRANSPORTATION CONSULTANTS
THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City")
and T JKM Transportation Consultants ("Consultant-) as of June 21, 2005.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A,the Agreement shall prevail.
1.1 T arm of Servlcas. The term of this Agreement sh all beg in on the date first noted above
and shall end on June 301 2007,the date of completion specified in Exhibit A, and
Consultant shall complete the work described'in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 A$slanment of 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 reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to
this Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultanfs obligations hereunder.
Consultant shall not be responsible for delays beyond Consultant's reasonable control.
Section 2. COMPENSATION. An upper limit shall not be established for the dollar value of work
performed by Consultant within a given year; however, Consultant shall provide a per-task estimate and
shall be required to obtain written authorization from City prior to pelforming tasks under this Agreement.
City hereby agrees to pay Consultant for each task, as authorized by City, notwithstanding any contrary
indications that may be contained in Consultant's estimate, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
per-task estimate regarding the amount of compensation, the Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for services rendered
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
ITTIC_EIl .3.
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pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices. not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Clear numerical identification. with no duplication of numbering;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· At City's option. for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief deSCription of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee. agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agentl or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessa,IY to complete the work described in Exhibit A;
· The Consultant's signature.
2.2 Monthlv Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Total Payment. 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 rendenng services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice.for an amount in excess of the maximum
amount of compensation provided above either for 'a task or for the entire Agreement,
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21. 2005
Page 2 of 14
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unless the Agreement is 'modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses under this Agreement are defined as
mileage and extraordinary binding and printing costs, and shall be included in the total
amount of compensation provided under this Agreement.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.9 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement, the amount of said increase to be approved by the
City. The base for computing the adjustment shall be the Consumer Price Index for Urban
Wage Earners for the San FrancisccrOakland Bay Area published by the U.S. Department
of Labor, Bureau of Labor Statistics (Index) which is published for the year ending in
February. If the Index has increased over the Index for the prior yearl the rates for the
following year shall be established by muluplying the rates for the current year by a
fraction, the numerator of which is the Renewal Index and the denominator of which is the
Index for the preceding year. In no case shall the adjusted rates be less than the initial
rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works
Director shall calculate the adjusted rate on each anniversary date of this agreement and
shall provide notice to Consultant of such new rates.
SAMPLE CALCULATION: (Using 1% index increase as an example)
HOURLY CHARGE RATE
INDEX INCREASE (Assuming 1%) 150 x .01 ;; 1.50
$150.00/hr
1.50/hr
$151.50/hr
Section 3. FACILITIES AND EQUIPMENT. EXcept as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21, 2005
Page 3 of 14
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required by this Agreement. City shall make available to Consultant only the facilities arid equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records
and the infonnation in possession of the City. The location, quantity, and time of furnishing those facilities
shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may
involve incuning any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities. '
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense) shall procure "occurrence coverage" insurance against claims
for injuries to persons or damages to property that may anse from or in connection with the performance
of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City, Consultant shall maintain
the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultanfs bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
su bmitted and made part of this Agreement prior to execution,
4.1 Workers' ComDensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers! Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Uability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self.lnsurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurerl if
insurance is prQvided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (3D)
days' prior written notIce by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General regulrements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21,2005
Page 4 of 14
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per occurrence, combined single limit coverage for risks associated w~h the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with B' general aggregate limit is used,
either the general aggregate limit- shall apply 'separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not
be limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement. including the use of owned and
non-owned automobiles.
4.2.2 Minimum SCODe of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed.
1173) covering comprehensive General Liability and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Service~ Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional reauirements. Each of the follOWing shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied. or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers I
employees, agents, and volunteers.
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21. 2005
Page 5 of 14
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e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its Own cost and expense, shall
maintain for the peri~ covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not
less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals'
, errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled 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.
4.3.3 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercIse, at the Consultant's sole cost and
expense. any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage. '
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Reaulrements.
4.4.1 AcceDtabllltv of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21, 2005
Page 6 of 14
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4.4.2 Verification of coverage. Prior to beginning ,any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall fumish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, UpOA 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.
4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement. only upon the poor express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coveraae. In the event that any coverage required
by this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's eariiest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are a~ematives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insuraf1ce and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21, 2005
Page 7 of 14
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. 'Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop wort< and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. ' INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage
to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole or in part. by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held stricUy liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury,~oss of life.
damage to property, or violation of law arises wholly from the negligence or willful misconduct of the
City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury t loss of Iife, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause, This indemnification and hold harmless clause shall
apply to any damages or Claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it IS a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City. Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees. agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility
of City.
Section 6.
STATUS OF CONSULTANT.
6.1
IndeRfndent 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 Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the, contrary. Consultant
and any of its employees. agents. and subcontractors providing serv:ices under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21, 2005
Page 8 of 14
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but not limited to eligibility to enroll in the Califomia Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Aaent. 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governina Law. The laws of the State of California shall govern this Agreement.
7,2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 other Governmental Regulations. To the extent that this Agreement may be funded
by fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents) and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, 'agents, any subcontractors shall. at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal ODDortunltv. Consultant shall not discriminate, on the
basis of a person's race, religion. color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation. against any
employee. applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any pOSitive obligations required
of, Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21. 2005
Page 9 of 14
1~1' (o(~ rJb
A
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Section 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consu~ant may cancel this Agreement upon thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
parfonnad to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other matertals provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1, Any such extension shall require
a written amendment to thiS ,Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension. City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarty, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination ofGonsultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Ag~ement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal. without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21, 2005
Page 10 of 14
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8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts. studies, surveys, photographs, memoranda, plans, studies, specifications,
records. files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliller
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and allledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date affinal payment to the Consultant to this Agreement.
9.3 Ins~ectlon and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any tlme during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State AudItor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement. the prevailing
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21, 2005
Page 11 of 14
/6.0 ::25
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may. set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this-Agreement. .
10.4 No ImDlied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of a~y other breach of that term or any other term
of this Agreement.
10.5 Successors and Assians. The provisJons of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties:
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 at seq.
Consultant shall not employ any City official in the work performed pursuant to th is
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 at saq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve
(12) months, an employee, agent. appointee, or official of the City. If Consultant was
an employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Govemment Code ~1090 et.seq." the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant 'Consultant understands that, in addition to the foregoing, it
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants
June 21, 2005
Page 12 of 14
/11~6
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may be subject to criminal prosecution for a violation of Government Code ~ 1090 and,
if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written matenals.
10.9 Contract Administration. This Agreement shall be administered by Melissa Morton,
Public Works Director (~Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Chris Kinzel, President
T JKM Transportation-Consultants
5960 Inglewood Drive, Suite 100
Pleasanton, CA 94588-8535
Any written notice to City shall be sent to:
Melissa Morton
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
~1)I~
Seal and Signature of Registered Professional with
report/design responsl bility.
Consulting Services Agreement between
City of Dublin a~d T JKM Transportation Consultants
June 21,2005
Page 13 of 14
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10.12 Intearatlon. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit AI and the Charge Rate Fee Schedule incorporated herein
as Exhibit B, represents the entire and integrated agreement between City and Consultant
and supersedes all prior negotiations, representations, or agreements, either written or
oral.
CITY OF DUBLIN
TJKM TRANSPORTATION CONSULTANTS
I" T) 14P
Ja
Chris Kinzel, President
Attest:
Approved as to Form:
~t:tM- )/- hL
Elizabeth Silver, City Attorney
,
.
G:\CONSUL TANTSITJKf\11V'olEW consulting agreement 0621D5.doc
Consulting Services Agreement between
City of Dublin and T J KM Transportation Consultants
June 21 j 2005
Page 14 of 14
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EXHIBIT A
SCOPE OF SERVICES
To provide general Traffic Engineering Services for the two-year term commencing July 1, 2005, and
ending June 30, 2007, to consist of the following:
1) Prepare traffic impact studies for private development projects under supervision of the City.
2) Prepare traffic-related design plans and specifications for private development and Capital
Improvement Program projects.
3) Prepare special traffic studies as directed by the City.
4) Maintain and update the Contra Costa Transportation Agency/Dublin Travel Demand Model, and
share model files with other consultants as directed by the City.
Consulting Services Agreement between
City of Dublin and T JKM Transportation Consultants--Exhibit A
June 21 , 2005
Page 1 of 2
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EXHIBIT S
COMPENSATION SCHEDULE
Compensation shall be paid per the Fee Schedule entitled, "2005-2006 Charge Rate Fee
Schedule," attached hereto.
G:\CONSUL T AiiTS\T JKMlNEW consultfl'Q agreement 062105.doc
Consulting Services Agreement between
City of Dublin and TJKM Transportation ConsultantsnExhibit B
June 21, 2005
Page 1 of 1
,
2005.2006 CHARGE RATE FEE SCHEDULE
TJKM TRANSPORTATION CONSULTANTS
2005-2006
CLASSIFICATION
Standard (a)
T JKM Rate
Reduced (b)
City of Dublin
Principal
Principal Associate
ITS Director/Modeler
Senior Associate
Associate
Senior Traffic Engineer
Traffic Engineer
Contracts Director
Assistant Traffic Engineer
Assistant Planner
Senior Designer
Graphic,s Designer
Designer
Technical Staff
Technical Staff II
Administrative St~ff
Production Staff
$200
190
185
185
150
140
125
120
115
85
95
95
80
75
30
80
50
$190
175
165
165
140
130
110
105
, 92
65
90
90
70
65
30
53
45
(a) These rates shall apply to capital improvement design
work and private development review as iridicated in the
master agreement.
(b) These rates are typically 90 percent of T JKM's standard
rates, and shall apply to general traffic engineering
services, excluding capital improvement design and
review.
G:\CONSUL. TANTS\T JKM\exhlblt 1 amendment 05-0e.doc
c;9 / ~.,~ C;) G
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EXHIBIT itA" OF RESOLUTION .J!:l-o'
AMENDMffiNT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND TJKM TRANSPORT A TION CONSULTANTS
FOR ENGINEERING SERVICES
WHEREAS, the City of DublIn (hereinafter referred to as 'I CITY") and TlKM
Transportation Consultants (hereinafter referred to as "CONSULTANT"), entered into an agreement on
June 21, 2005, to provide engineering services to CITY, and
WHEREAS, said agreement included a provision for CONSULTANT to request an
Increase in rates at the end of the 2005-2006 Fiscal Year; and
NOW, THEREFORE, the parties hereto agree as follows:
Adjustment of Rates
The rate schedule attached hereto as Exhibit 1 shall bc in effect for Fiscal Year 2006-2007
until termination of agreement on June 30, 2007 Should a new agreement or amendment to agreement to
extend the contract not be entered into by June 30, 2007, then thIS agreement w111 automatically extend
until a new agrccment or amendment to agreement is entered into or City gives written notice of
tennination.
K~,
.1 Y Clerk
Y OF DUBLIN
-<I.
TJKM TRANSPORTATION CONSUlTANTS
(J4 y K~
Date:
:runt q t)ODi.Q
~
t i:\C:()NSI Jl ,TANT$\"I'JKM\amendmcnt 06-07.dllC
G:\CONSUL TANTS\TJKMIolmelldment 06-07.doc
2006.2007 CHARGE RATE FEE SCHEDULE
TJKM TRANSPORTATION CONSULTANTS
2006-2007
CLASSIFICATION
Standard (a)
T JKM Rate
Reduced (b)
City of Dublin
Principal
Principal Associate
ITS Director/Modeler
Senior Associate
Associate
Senior Traffic Engineer
Traffic Engineer
Contracts Director
Assistant Traffic Engineer
Assistant Planner
Senior Designer
Graphics Designer
Designer
Technical Staff
Technical Staff II
Administrative Staff
Production Staff
$205
195
190
190
154
144
129
123
118
87
98
98
82
77
31
82
52
$195
180
170
170
144
134
113
108
95
67
93
93
72
67
31
55
46
(a) These rates shall apply to capital improvement design
work and private development review as indicated in the
master agreement.
(b) These rates are typically 90 percent of T JKM's standard
rates, and shall apply to general traffic engineering
services, excluding capital improvement design and
review
G:\CONSUL TANTS\TJKM\exhlblt 1 amendment OS-D7.doc
J3~
/'
EXHIBIT "A" OF RESOLUTION H-07
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS
FOR TRAFFIC ENGINEERING SERVICES
;JJf ~';;s
j
WHEREAS, the City of Duhlin (hereinafter referred to as "CITY") and lJKM
Transportation Consultants (hereinafter referred to as "CONSULTANT"), entered into a ~~year
agreement on June 21, 2005, to provide traffic engineering services to CITY; and
WHEREAS, CITY and CONSULTANT wish to extend the term of the agreement for an
additional two years, terminating June 30,2009; and
WHEREAS, CONSULTANT has requested an adjustment of rates for Fiscal Year
2007-2008; and
WHEREAS, for future years it would benefit both Consultant and the City of Dublin to
utilize the December CPI;
NOW, THEREFORE, the parties hereto agree as follows:
Section 1.
Extension of Term
The term of the agreement shall be extended from July 1, 2007, to June 30, 2009. Should a
new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2009,
then this agreement will automatically extend until a new agreement or amendment to agreement is
entered into or CITY gives written notice of termination.
Section 2.
Adiustment of Rates
The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2007-2008.
Section 3.
Modification of Section 2 ofthe Agreement
For future years, the CPI index for the month of December shall be utilized to determine
the rate adjustment forthe following fiscal year in lieu of the index for the month of February.
Janet
TJKM TRANSPORTATION CONSULTANTS
~ (?K~
CITY OF DUBLIN
Chris D. Kinzel, President
ATTEST:
Date:
S"" -~0- () l
G:\CONSUL T ANTS\ TJKM\amendment 07 -OS.doc
2007.2008 CHARGE RATE.FEE SCHEDULE
TJKM TRANSPORTATION CONSULTANTS
2007-2008
CLASSIFICATION
Standard (a)
TJKM Rate
Reduced (b)
City of Dublin '
Principal
Principal Associate
ITS Director/Modeler
Senior Associate
Associate
Senior Traffic Engineer
Traffic Engineer
Contracts Director
Assistant Traffic Engineer
Assistant Planner
Senior Designer
Graphics Designer
Designer
Technical Staff
Technical Staff II
Administrative Staff
Production Staff
$222
201
196
196
159
148
133
127
122
90
101
101
85
79
32
85
54
$201
186
175
175
148
138
117
101
98
69
96
96
74
69
32
57
47
(a) These rates shall apply to capital improvement design
work and private development review as indicated in the
master agreement.
(b) These fates are typically 90 percent of T JKM's standard
rates, and shall apply to general traffic engineering
services, excluding capital improvement design and
review.
G:\CONSUL TANTS\TJKM\exhibit 1 amendment 07-0B.doc
("
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