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HomeMy WebLinkAboutItem 4.03 AmendAgmtYJKMTranspCITY CLERK File #600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 2004 SUBJECT: Amendment to Agreement with TJKM Transportation Consultants For Traffic Engineering Services Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Resolution and Proposed Amendment 2) Letter from TJKM dated March 4, 2004 3) Agreement (1992) and most current Amendments RECOMMENDATI~ (~~Adopt resolution approving the amendment to the agreement FINANCIAL STATEMENT: TJKM Transportation Consultants is proposing rate adjustments that range from 0% to 11.0%, depending on personnel classification. The net effect of the adjustment if applied to 2003-04 hours by classification would be a 5.9% increase. TJKM's work in preparing private development traffic studies is paid for by developers at TJKM's standard rates. General engineering work, which is paid from the City's' operating budget, is billed at 90% of TJKM's standard rates. Work .on Capital Projects is at standard rates. DESCRIPTION: The City has contracted with TJKM Transportation Consultants since 1983 for traffic engineering services, initially as a subcontract to Santina & Thompson, and then as a direct City contract. Services provided to date 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 1, 1992, and extended until June 30, 2005. This is the second year of the two-year amendment, which allows the consultant to request an adjustment of rates for the second year of the term. Under this agreement, the City may request that TJKM perform general engineering tasks, such as preparing routine traffic studies, and private development review of projects and capital project traffic analysis. Work performed by TJKM for general engineering tasks is billed at 90% of their standard rate. The cost of work related to private development review is paid at the full rate by developers. The work provided by TJKM to date has been satisfactory, professional, and competitive, and Staff recommends that the City Council adopt the resolution approving the amendment to the agreement. g:\engr\tjkm\agstamnd 04-05 COPIES TO: Chris Kinzel, TJKM ITEM NO. RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS WHEREAS, the City of Dublin, State of California, entered into an agreement for traffic engineering services with TJKM Transportation Consultants on July 1, 1992, which was extended to June 30, 2005; and WHEREAS, said amendment to the agreement included a provision for an adjustment of rates after one year; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2004-2005; 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 FUTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 20th day of July, 2004. AYE S: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Glengr~tjkm~resoamend 04-05 EXHIBIT "A" OF RESOLUTION -0.+ 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 an agreement on July 7, 1998, to provide engineering services to CITY, which was extended until June 30, 2005; and WHEREAS, said 'amendment to agreement included a provision for TJKM to request an increase in fee rates at the end of the 2004-2005 Fiscal Year; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2004-2005; NOW, THEREFORE, the parties hereto agree as follows: Adiustment of Rates The rate schedule attachedhereto as Exhibit 1 shall be in effect for Fiscal Year 2004-2005 until termination of agreement on June 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or .City gives written notice of termination. CITY OF DUBLIN ATTEST: Mayor City Clerk TJKM TRANSPORTATION CONSULTANTS Date: g:engr\tjkmXam~ndment 04-05 G:LEngr-contmct\TJKMkamendment 04-05.doc EXHIBIT 1 OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS PROPOSED 2004-2005 CLASSIFICATION Standard (a) Reduced (b) TJKM Rate 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 $198 $175 188 155 183 154 175 148 150 125 135 114 120 108 115 99 110 90 80 55 92 83 92 83 8O 70 76 65 25 23 76 40 50 45 (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 TJKM's standard rates, and shall apply to general traffic engineering services, excluding capital improvement design and review. g:engCttjkm\exhibit 1 amendment 04-05 Transportation Consultants ECFJVF, O March 4, 2004 Ms. Melissa A. Morton Public Works Director Public Works Department City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: City of Dublin Contract Fiscal Year 2004-05 Update Dear Ms. Morton: TJKM wishes to continue with the Contract for the Fiscal Year 2004-05 without any changes to the Contract terms. Attached please find TJKM' s proposed updated rate schedule. Please note that column (a) rates are used for the development traffic studies and capital improvement project work and column (b) rates apply to the City of Dublin general engineering/on-call services project work. I have also provided two spreadsheets showing the impact of changes in the rates using hours billed from July 1, 2003 through February 29, 2004. Chris Kinzel will contact you to set up a time to meet with you regarding the potential workload for the upcoming year. Please contact me if you have any questions regarding the rates. Sincerely, Rommel Parseh Controller rparseh @tikm.com' copies w/att.: Chris Kinzel Suzanne Nicholson Nanette DiMaggio 5960 lnglewood Drive, Suite 100 Pleasanton, CA 94588-8535 925-463~0611 phone 925-463-3690 fax www.tikm.com TJKM TRANSPORTATION CONSULTANTS Rroposed General Engineering On-Call Services Rate Schedule-Revised For the CITY OF DUBLIN For the Fiscal Year July 1,2003 through June 30, 2004 Current Proposed % Increase 2003-2004 2004-2005 Request (a) Reduced (b) Dublin (a) Reduced (b) Dublin Over Previous Standard by Rates Standard i by Rates Year Principal $195 15% $166 $198 12% $175 5% Principal Associate ,, 185 20% 148 188 18% 155 5% ITS Director/Modeler 180 15% 153 183 16% 154 1% Senior Associate 170 18% 139 175 15% - 148 6% Associate 145 17% 120 150 '17% 125 4% Senior Traffic Engineer 125 14% 108 135 16% 114 6% Traffic Engineer 115 16% 97 120 10% 108 1 t% Contracts Director 115 14% 99 115 14% 99 0% Assistant Traffic Engineer 105 20% 84 110 18% 90 7% Assistant Planner 75 29% 53 80 31% 55 4% Senior Designer 90 10% 81 92 10% 83 2% Graphics Designer 90 10% 81 92 10% 83 2% Designer 75 11% 67 80 13% 70 4% Technical Staff 75 17% 62 76 14% 65 5% Technical Staff 11 25 8% 23 25 8% 23 0% Administrative Staff 75 47% 40 76 47% 40 0% Production Staff 50 10% 45 50 10% 45 0% Expert Witness charges available on request. Average 4% (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 TJKM's standard rates, and shall apply to general traffic engineering services excluding capital ~mprovement design and review, J:\StafflNanett\Special Billings\157-Dublin\Dublin 157-001 Rate Schedule 2004-2005.xls 3/4/2004 10:56 TJKM TRANSPORTATION CONSULTANTS Activity Report of the General Engineering Consulting Work For the CITY OF DUBLIN For the Fiscal Year July 1, 2003 through June 30, 2004 For Invoices Dated from July 1, 2003 through February 29, 2004 2003 - 2004 2004 - 2005 EMPLOYEE HOURS TO 2003 - 2004 TOTAL PROPOSED TOTAL PERCENT CLASSIFICATION DATE RATE COST RATE COST CHANGE Senior Associate 21.0 139.00 2,919.00 $ 148.00 3,108.00 6.5% Senior Engineer 1.5 108.00 162.00 114.00 171.00 5.6% Assistant En~lineer 54.5 84.00 4,578.00 90.00 4,905.00 7.1% Senior Designer 28.0 81.00 2,268.00 · 83.00 2,324.00 2.5% Graphics Designer 2.5 75.00 187.50 ' 83.00 207.50 10.7% Cumulative Effect $ 10,114.50 $ 10,715.50 5.9% J:\Sta~Nanette\Special Billings\157-Dublin\Dublin Gen Eng Comparison 2004-2005.xls 3/4/2004 10:55 TJKM TRANSPORTATION CONSULTANTS Activity Report of the DeveloPment Studies and Capital Improvement Project Engineering Consulting Work For the CITy OF DUBLIN For the Fiscal Year July 1, 2003 through June 30, 2004 For Invoices Dated from July 1, 2003 through February 29, 2004 2003 - 2004 2004 - 2005 EMPLOYEE HOURS TO 2003- 2004 TOTAL PROPOSED TOTAL PERCENT CLASSIFICATION DATE RATE COST RATE COST CHANGE Principal ~.. 12.5 $ 195.00 $ 2,437.50 $ 198.00 $ 2,475.00 1.5% Senior Associate 105.0 170.00 17,850.00 $ 175.00 18,375.00 2.9% Senior Engineer 190.0 125.00 23,750.00 $ 135.00 25,650.00 8.0% Engineer 33.0 115.00 3,795.00 120.00 3,960.00 4.3% Assistant Engineer 167.0 105.00 17,535.00 110.00 18,370.00 4.8% Graphics Designer 43.5 75.00 3,262.50 80.00 3,480.00 6.7% Technical Staff 39.5 75.00 '2,962.50 76.00 3,002.00 1.3% Administrative Staff 8.0 75.00 600.00 76.00 608.00 1.3% Cumulative Effect $ 72,192.50 $ 75,920.00 5.2% J:\Sta~Nanette\Special Billings\157-Dublin\Dublin C.t.P. Comparison 2004-2005.xts 3/4/2004 10:47 STANDARD CONSULTING ENGINEERIN~ SERVICES A~REEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 1992, by and between the GITY OF DUBLIN, a Municipal Gorporation ("City"), and 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. Oonsultant 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 Gity. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which maybe required for furnishing services 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 Exhibit G. 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. Ail 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 ENT be considered the property of the City of Dublin, and upon request at the completion of the services to be performe~, they will be turned over to the City of Dublin. 8. COLLECTION OF FEES. Ail fees to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions set forth above, if collected by Consultant shall be collected in the name of the City. Consultant shall employ reco'rdkeeping 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. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this cohtract shall be subcontracted 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 ADMINISTRATI~. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). Ail correspondence shall be directed to or through the Administrator or his designee.. 13. NOTICES. Any written notice to Consultant shall be sent to: TJKM Transportation Consultants 4637 Chabot Drive Suite 214 Pleasanton CA 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: TJKM TRANSPORTATION CONSULTANTS Chris D. Kinzel Approved as to form: City Attorney 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. Ail 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 City'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, review and comment on planning programs and land development projects which are not only located within the City, but also located outside the City and which may have a traffic impact on the City. 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. 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. Give direction to and assist City Staff in performing traffic studies as necessary and/or required. 10. At the request of the City, recommend solutions to street design problems. 11. Provide general engineering consultation in connection with traffic circulation, street signs, noise impact, etc. Exhibit A Page 1 of 2 B. Development Review Duties PC. Review proposed developments and make recommendations pertaining to traffic engineering considerations. 2. Review traffic engineering aspects of planning applications. Capital Pro~ects 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 of this agreement, the following employee of Consultant is designated as City Traffic Engineer: Chris Kinzel Registered Traffic Engineer Exhibit A Page 2 of 2 EXHIBIT B PAYMENT SCHEDULE Consultant shall be compensated for work as follows: A. The following work shall be charged at 80 percent of the rates shown in Exhibit B-1. Bo 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. Co 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 cQnference 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 Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS; ETQ. 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 REQUIREMENTS.. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise'from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. mo Bo 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). 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: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a Exhibit D Page 1 of 5 July 1, 1992 (2) (3) 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. Automobile Liability: $500,000 combined single limit per accident for bodily injury and $100,000 for property damage. 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 self- insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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 Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute 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 o (3) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. Professional Liability. Consultant shall carry professional liability insurance in an amount of $500,000 City 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) Ail Coverages. go Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with- a Bests' 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 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 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 AGEN%. 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. 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. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole Exhibit D Page 3 of 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 to this Agreement in the manner and according to the standards observed by a competent practitioner of theprofession in which Consultant is engaged in the geographical area in which Consultant practices his profession. Ail instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 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 Gity, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or 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 Consultant'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 REGULATION.~.. 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 Gity is bound by the terms of such fiscal assistance program. DOCUMENTS. Ail reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use., copyright or 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 APPLIGABLE LAWS. In performing the services to be provided pursuant to this agreement, Gontractor 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: (con t. rac ts) \ t~jkm\ a~remen ~ Exhibit D Page 5 of 5 July 1, 1992 WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT"), entered imo an agreemcn~ on July 7, 1998, to provide engineering services to CITY: and WHEREAS, said agreement was amended in July of 1999 to extend the terra of agreement for an additional two years, term~nating Ju~e 30, 2001; and WHEREAS, said amendment to agreement included a provision for an agreed-to increase in f~-~ rates at tb~ ~nd of the 1999-2000 Fiscal Ye~; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2000-2001; NOW, THEREFORE, th.e parties hereto agree as follows: A_ djustraen..t of Rates The rate schedule attached hereto as Exhibi! 1 shall be in effect for Fiscal Year 2000-2001 u~fil termination of agreement on June 30, 2001. CITY OF DUBLIN TJKM TRANSPORTATION CONSUt. TANT9 Date: g:e~gr\~jkm~ame~dmeflt00 EXHIBIT 1 OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS t~.R.OPOSED 2000-200!_ CLASSIFICATION Standard (a) Reduced (b) TJKM Rate CitY_O_fDublin Principal Principal Associate $175 $'I48 150 127 Sr. Associate Associate Sr. TraffiC Engineer 140 119 125 106 110 93 Sr. Transportation Engineer Traffic Engineer Assistant Traffic Engineer Traffic Engineering Assistant Technician IV Technician III 110 93 100 85 85 72 75 64 75 55 75 55 Technician II Technician ! Sr. Designer 75 55 75 55 90 75 Technical Staff Graphics Designer Designer 75 55 75 64 75 64 Drafter Word Processing Supervisor Secretarial/Word Processing 75 64 65 35 65 35 Administrative Staff Computer/Production Specialist PrOduction Staff 65 35 40 35 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 shalJ apply to general traffic engineering services, excluding capital improvement design and review. g:engr~tJkm~exhlblt I amendment 'EXHIBIT 'A' OF RESOLUTION ? I~ ,,:01 AMENDMENT TO AGREEMENT 'BETWEEN CITY OF DUBLIN'AND TJKIVI 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 WltEREAS, the term of the agreement was extended to June 30, 2001; and WttEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2003); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to' June 30, 2003. ' Adjustment of Rates The rate schedule attached hereto shall be effective for the 2001-2002 fiscal year. Consultant re.ay propose a further adjustment of rotes for the second year of the agreement term. CITY OF DUBLIN ' (J' Mayor TJKM TRANSPORTATION CONSULTANTS o:~E ngr.contraet\TJK M\amendment01 .doc EXHIBIT 1 OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS' 'CLASSIFICATION Principa! Principal Associate senior Associate . - Associate · Sr. TransPortation Engineer TranspOrtation Engineer Asst. Transportation Engineer Technician it Technician i Technician · Graphics 'Designer Designer Admin. Supervisor 200i-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.OO 40.00 g:engr\TJKM~,Exhibit 1 amendment ~d EXmBrr ,,n" or axsoLtrnoN 12:3 -0: AMeNDMeNT TO: AGPJ~EMENT B~TW~N C~TY OF O~BL~N ANO T~d TRANSPORTATION CONS~TANTS ~OR ~N. OIN~ER~O S~RWC~S WItlBREAS, 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', which Was extended until June 30, 2001; and · WltEREAS, said agreement was amended in July of 2'001 to extend the term of agreement for an additional two yea]rs, .terminating June 30, 2003; and WHEREAS,. said amendment to agreement included a provision for TJKM 'to request an . increase in fee rates at the end of the 2001-2002 Fiscal Year; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2002-2003; NOW, THEREFORE; the parties hereto agree as follows: Adiustment of Rates The rate schedule'attached hereto as Exhibit :'1" shall be in effect for Fiscal Year-2002- 2003 until termination 'of agreement on June 30,' 2003. Should a ne~v .agreement or amendment to agreement to extend the contract not be entered into by June 30, 2003, then this agreement will automatically extend until a new agreement or amendmem to agreement is entered into or City gives written notice of termination.. ATTEST: 'TJKM TRANSPORTATION CONSULTANTS g:¢ngr\tjkm~amen dment02 (~:LEfigr-~ontracfiTJKMXame n dment02.d0¢ EXHIBIT t 'OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS CLASSIFICATION P~incipal Principal Associate Senior Associate Associate Sr. Traffic Engineer Traffic Engineer Asst. Traffic Engineer Technician II 'Technician I Technician Graphics Designer Designer- Administrative Staff 2002-2003 PROPOSED RATE $159.00 144.00 134.00 6.oo t'03.00 94.00 81,00 60.00 60,00 60.00 64.00 64.00 40.00 g:engr\TJKM~xhibit 1' amendment EXHIBIT "A" OF RESOLUTION ~t~ ~ -03 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 agreeinent on July 7, 1998, to provide engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2003; 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, 2005); NOW, THEREFORE, the parties hereto agree as. f011owsi Extension of Term The term of the agreement shall.be extended from July 1, 2003, to June 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005, this agreement will then automatically extend until a new agreement or amendment to agreement' is entered into or City. gives written notice of terminatiOn. Not-To-Exceed 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 performing tasks under this Agreement. Adjustment of Rates The rate schedule attached hereto shall be effective for the 2003-2004 fiscal year. Consultant may propose a further adjustment of rates fOr the second year of the agreement term. EST: "' "' City'Clerk CITY OF DUBLIN _ //"~ - ' Mayor ' TJKM TRANSPORTATION CONSULTANTS Date: ~- 3 0' O~ G:kEngr-contract\TJKM~mendment 03.doc EXHIBIT 1 OF AMENDMENT TO AGREEMENT TJKM' TRANSPORTATION CONSULTANTS PROPOSED 2003-2004 CLASSIFICATION Standard (a) Reduced (b) TJKM Rate City of Dublin Principal ..PrinC!.paI.Associate ITS Director/Modeler Senior Associate Associate Senior Traffic Engineer Traffic Engineer Contracts Director Assistant Traffic Engineer Senior Designer Graphics Designer Designer Technical Staff Technical Staff II Administrative Staff Production Staff '$195 $166 · 185.' 1.48 180 ~153 170 139 145 120 125 108 115 97 115 99 105 84 90 81 75 81 75 64 75 62 25 23 75 40 50 45 (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 85 percent, of TJKM"s standard rates, and shall apply to general traffic engineering services, excluding capital improvement design and review. g:engr~tjkm\exhibit 1 amendment 03-04