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Home My WebLink AboutItem 4.08 TrafficEngrSvc TJKM CI'TY CLERK FILE # 600-30 AGENDA STATEMENT CTTY COUNCTL MEETTNG DATE: 3uly 16, 2002 SUBJECT: Amendment to Agreement with TJKM Transportation Consultants For Traffic Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution and Proposed Amendment 2) Staff Rate Comparison Table 3) Letter from TJKM dated April 18, 2002 /~ p~¢4) Agreement (1992) and most current Amendments RECOMMENDATION: 'xXt/ Adopt resolUtion FINANCIAL STATEMENT: TJKM Transportation Consultants is proposing rate adjustments that range from 0% to 6.35%, depending on personnel classification. The net effect of the adjustment if applied to 2001-02 hours by classification would be a 3.36% increase. The work performed by TJKM in the area of preparing private development traffic studies was 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 also paid at TJKM's 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 7, 1998, and extended until June 30, 2001. The agreement was amended in July 2001 to extend the term until June 30, 2003. 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. As noted in the Financial Statement, the requested adjustment is a net increase of about 3.36%. 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° COPIES. TO: Chris Kinzel, TJKM ITEM NO. ~. &.~ g:\engr\tjkm\agstamnd02 ~2 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. 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. Page 2 ~/aY"- RESOLUTION NO. - 02 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 79 1998, which was extended for a two-year period to June 30, 2001; and WHEREAS~ City approved an extension of the term of agreement for an additional two-year period to expire on June 30, 2003; 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 2002-2003; 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," PASSED, APPROVED AND ADOPTED this 16th day of July, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G~engr~tj'kmlresoarnendO2 EXHIBIT "A" OF RESOLUTION -02 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, 2001; and WHEREAS, said agreement was amended in July of 2001 to extend the term of agreement for an additional two years, 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: Adjustment 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 new 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 amendment to agreement is entered into or City gives written notice of termination°. CITY OF DUBLIN Mayor ATTEST: City Clerk TJKM TRANSPORTATION CONSULTANTS Date: g:engr\tjkm\amendment02 G:\Engr-eontract\TJKM\amendment02.doc EXHIBIT l 'OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS 2002-2003 PROPOSED CLASSIFICATION RATE Principal $159.00 Principal Associate '~ 44.00 Senior Associate 134,00 Associate 116.00 Sr, Traffic Engineer 103,00 Traffic Engineer 94.00 Assr, Traffic Engineer 81.00 Technician II 60~00 Technician I 60.00 Technician 60.00 Graphics Designer 64.00 Designer 64.00 Administrative Staff 40.00 g:engr\TJKM~Exhibit 1 amendment RATE COMPARISON~ TJKM 2002-2003 2001-2002 PROPOSED HOURS 2001-02 2002-2003 CLASSIFICATION * THRU 1114102 RATE COST RATE COST DIFF. PRINCIPAL 28.5 155.00 4,417.50 159.00 4,531.50 114.00 2.58% SR. ASSOCIATE (standard rate) 1.5 145.00 217.50 155.00 232.50 15.00 6.90% SR. ASSOCIATE 5.5 125.00 687.50 134.00 737.00 49.50 7.20% ENGINEER (standard rate) 4 105.00 420.00 110.00 440.00 20.00 4.76% TRAFFIC ENGINEER 14.5 90.00 .1,305.00 94.00 1,363.00 58.00 4.44% ASS'T TRAFFIC ENGINEER 1.5 77.00 115.50 81.00 121.50 6.00 5.19% GRAPHICS DESIGNER 2.5 64.00 160.00 64.00 160.00 0.00% ADMINISTRATIVE STAFF 12 40.00 480.00 40.00 480.00 0.00% 7,803.00 8,065.50 262.50 3.36% * Rates are at reducted rate schedules, except as noted g:engr-contract\tjkm~atecomp 02 Transportation Consultants ApfillS, 2002 City of Dublin City Office 100 Civic Plaza Dublin, CA 94566 Att: Lee S. Thompson Re: City of Dublin Fiscal Year 02-03 Update Enclosed is your request for the Fiscal 2001-2002 - 2002-2003 Rates. It' you should have any questions please feel free to contact me at 925-463-0611 ext 101. Thank you, Billing Specialist 59601nglewood Dfive, Suite 100 Pleasanton, CA 94588-8535 PLEA SANTON 925-463-0611 phone 925-463-3690 fax www. tjkm.com TJKM Hourly Rate Schedule For On-Call Work in The City of Dublin Current Proposed % increase 2001-2002 2002-2003 request over Standard Reduced by Dublin Rates Standard Reduced by Dublin Rates previous year Principal $180 14% $155 $185 14% $159 2% Principal Associate $155 13% $135 $165 13% $144 6% Sr. Associate $145 14% $125 $155 13% $134 6% Associate $130 14% $112 $135 14% $116 3% Sr. Traffic Engineer $115 14% $99 $120 14% $103 4% Senior Transportation Engineer $115 14% $99 $120 20% $103 4% Traffic Engineer $105 14% $90 $110 15% $94 4% Assistant Traffic Engineer $95 19% $77 $100 19% $81 9% Traffic Engineering Assistant $95 20% $77 $100 ~19% $81 5% Technician IV $75 20% $60 $75 20% $60 0% Technician III $75 20% $60 $75 20% $60 0% Technician II $75 20% $60 $75 20% $60 0% Technician I $75 20% $60 $75 20% $60 0% Technician $75 20% $60 $75 20% $60 0% Sr. Designer $90 10% $81 $90 10% $81 0% Technical Staff $75 20% $60 $75 20% $60 0% Graphic Designer $75 15% $64 $75 15% $64 0% Designer $75 15% $64 $75 15% $64 0% Drafter $75 15% $64 $75 15% $64 0% Word Processing Supervisor $65 38% $40 ~ $65 38% $40 0% Secretarial/Word Processing $65 38% $40 $65 38% $40 0% Administrative Staff $65 38% $40 $65 38% $40 0% Computer/Production Specialist $40 10% $36 $65 9% $59 9% Production Staff $40 10% $36 $50 10% $45 10% Expert Witness charges available on request a. These rates shall apply to capital improvement design work and private development as indicated in the master agreement. Standard TJKM rates are subject to increase in mid-year 2002. b. These rates are typically 90 pement of TJKM's standard rates, and shall apply to general traffic engineering services excluding capital improvement design and review. 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 ("Gity")~ and TJK~ Transportation Consultants, ("Consultant"), who agree as follows: 10 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 terminationo 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~ 2o 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 EQUIPMENT. Except as set forth in Exhibit C, COnsultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit G according to the terms and conditions set forth in Exhibit 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 Page 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. Ail fees to be collected from any private developer, engineer, or architect in connection with the carrytn§ 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 Gtty. If fees are collected by the City, Gonsultant 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. SUBGONTRACTING. 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 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 a~¥ change in the amount of Gonsultant'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 Gonsultant shall be sent to: TJK/~Transportation Consultants 4637 Chabot Drive Suite 214 Pleasanton GA 94588 Any written notice to Gity shall be sent to: Lee S. Thompson Director of Public Works/City Engineer Po O. Box 2340 Dublin, CA 94568 Agreement with TJKM Transportation Consultants July 1, 1992 Page 2 Executed as of the day first above stated: --'~t~Clerk~- TJKM TRANSPORTATION GONSULTANTS Chris D0 Kinzel Approved as to form: Aetorney Agreement with TJK~ Transportation Consultant~ July l, 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 Re completed to the satisfaction of the City Hanagero The City may~ at its discretion~ request performance by Consultant of any of the following duties: A. Administrative Duties 1o P~rform 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° 3. Attend meetings with City Staff, public officials, community leaders, developers, contractors, and the general public, as required by the City. 4. At the discretion of the Gity, 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. 5. 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. 7. Establish working relationships and coordination with other public agencies and private utilities involving traffic engineering matters affecting the City. 8. Provide special engineering reports as to such related traffic studies. 9. 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 1o .Review proposed developments and make recommendations pertaining to traffic engineering considerations. 2o Review traffic engineering aspects of planning applications° -C. 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° Do Designation as City Traffic Engineer For the term of this agreement, the following employee of Consultant is designated as City Traffic Engineer: Ghris Kinzel - Registered Traffic Engineer Exhibit A Page 2 of 2 EXHIBIT B PAYMENT SCHEDULE Consultant shall be compensated for work as follows: Ao The following work shall be charged at 80 percent of the rates shown in Exhibit General traffic engineering services and studies excluding capital improvement project design. Bo The following work shall be charged at the rates shown 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. C. 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 hilling date providing, in City's estimation, that said invoices are correct and sufficient backup is attached° Gity shall advise Gonsultant within 30 days of the billing date if said invoices are deemed incorrect. Exhibit B Page 1 of 1 EXHIBIT City shall furnish physical facilities such as desks, filing cabinets, and cQnference space, as may be reasonabtynecessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of Cityo 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 G 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° ~ity 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 themeans by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, 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. 3. TIME. Consultant shall devote such time to the performance of serVices pursuant to this Agreement as maybe reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement° 4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability~ or Insurance Services Office Commercial General Liability coverage ("occurrence" 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. B. 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 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 injuryand $100,000 for property damage° (3) Workers ·Compensation and Employers Liability:Workers Gompensation limits as required by the Labor Code of the Stats of California and Employers Liability limits of $500,000 per accident. C. Deductibles and Self-Insured Retentions° Any deductibles or self- insured retentions must be declared to andapproved by the Gityo At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insUred retentions as respects the City~ its offtcers~ officials and employees; or the Consultant shall procure a bond guaranteeing' payment of losses and related investigations, claim administration and defense expenses° Do 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 Gity~ its officers, officials~ employees and volunteers. Any insurance or self-insurance maintained by the Gity, 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) Worker's Compensation and Employers Liability Coverage° The insurer shall agree to waive all rights of subrogation a§ainst the City, its officers~ officials, employees and volunteers for lossesarising from work performed by the Consultant for the City° (3) Professional Liability° Consultant shall carry professional liability insurance in an amount of $500,000 City te 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~ 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° Eo Acceptability of Insurers° Insurance is to be placed with insurers with a Bests' rating of no less than A:VIIIo F. yerification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecttng 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~ 5. 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 City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole Exhibit D Page 3 of 5 July 1, 1992 discretion, at any time during the term of this Agreement, desires the removal of any such persons, Gonsultant shall, immediately upon receiving notice from City of such desire of City, cause the removal, of such person or persons° 8o 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 geo§raphical area in which Consultant practices his profession° All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant"s profession. 9o HOLD HARMLESS.AND RESPONSIBILITY OF GONSULTANTSo 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 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. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comp.ly with 'all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11o DoGUMENTSo .Ail reports, data, maps~ models, charts', designs~ plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Gonsultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunderor upon termination of the Agreement. No such materials or properties produced in whole or in part under this A§reement shall be subject to private use', copyri§hts, or patent rights by Consultant in the United States or in any. other country withou~ the express written consent of Gity. 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 patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement° 12o COMPLIANCE WITH APPLICABLE LAWS° In performing the services te 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 ~ (con trac ts > \ ~j km\ agremen t Exhibit D Page 5 of 5 July 1, 1992 EXHIBIT ~A** AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublha (hereinafter referred to as ~'CITY") and TJKM Transportation Consultants (hereinafter referred to as ~CONSULTANT") entered into an agreement on lune 9, 1992, to provide 'traffic engineering services to CITY: and WHEREAS, CITY wishes to continue contracting for services from CONSULTANT; and WltEREAS, an adjustment of fees for services rendered is not necessary for the ensuing one-year period (July 1, 1993 to June 30, 1994); NOW, TlcrEREFoRE, 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 Mayor ' ~ ~ : TJKM TRANSPORTATION CONSULTANTS Principal Date: 6- 03 a :(contracts) l~lrm lamndx~nt EXHIBIT "A" OF RESOLI~ION 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 TJICM 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 June 1, 1993, the City Council approved an extension of the terra of Agreement m June 30, 1995; and WHEREAS, an adjustment of fees.for services rendered has been requested for the 1994-95 Fiscal Year; NOW, THEREFORE, the parties.hereto agree as follows: A~ustmcnt of Charge Rates CONSULTANT's charge rates shall be as shown on the Schedule of Fees attached as Amendment Exhibit. "1 o" CITY OF DUBLIN ATTEST: ~,~it~ Clerk ~ TJKM TRANSPORTATION CONSULTANTS Principal a: (¢omra¢~) lO?on l amndmenz TJKM Hourly .Rate Schedule Current Proposed Senior'Associate 86 i 88., Assodate 82 84 Senior Traffic Eng/neer/Trans. En//neer/Planner 77 Traffic Eng/neer/Trans~ Engineer/Plsn.er 72 72 Assistant Traffic Engineer/Trans. F, ngineer/PIanner 64 64 Traffic Engineering Assistant 52 52 Technic/an TV 42 42 Teehnidan III 36 36 Technic/an Tr 30 ' 30 Technician I I6 16 Graphics Designer 52 52 Designer 44 44 Drafter 39 39 Word Processing Supervisor 39' 39 Word Processor 37 37 Production Specialist 30 30 RESOLUTION NO, 54-94 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH TJKM TRANSPORTATION CONSULTANTS WHEREAS, the City Council of the City of Dublin approved an agreement for engineering services with TJKM Transportation Consultants on June 9, 1992; and WHEREAS, said Agreement was amended on June 1, !993,. to extend the term of Agreement until June 30, 1995;. and WHEREAS, TJKM has requested an adjustment in charge rates for the. 1994-95 fiscal year; and WHEREAS, the City of Dublin feels that the rote adjustment, is appropriate; NOW, THEREFORE~ BE IT RF.~OLVED 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 Ao ~' BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED~ APPROVED, AND ADOPTED this 21st day of June, 1994. AYES: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder NOES: None ABSENT: .None Mayor '~ ~ ATTEST: fi'/// V/C e k/] a :(contracts) l~jkm lamrutreso AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJ-KM TRANSPORTATION CONSULTANTS FOR TRAFFIC ENGINEERING SERVICES WHEREAS, .the City of Dublin (hereinafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSLrLTANT") entered into 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 June'30, 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~ 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 Exhibit Extension of Agreement The term of the agreement shall be extended for a two-year period, terminating June 30; 1997. CITY OF DUBLIN TJKM TRANSPORTATION CONSULTANTS Principal Date: g : lcontractltjkmlamendment Mr, Lee Thompson, PUblic Wor-I~ Director Page 6 City of Dublin Traffic Engineering Services March 7, 1995 Table IV TJK1VI Hourly Rate Schedule Current Proposed 94-95 95-96 Standarda Reduced Standard~ Reduced Princ/pal $140 $112 $144 $115 principal Associate 120 96 124 99 . Senior,Associate ll0 88 113 91 Associate 105 84 108 87 Senior Traffic Engineer 100 80 103 82 Sr. Transportation E/Planner 100 80 103 82 Traffic Engineer 90 72 93 74 Transport~ation E/Planner 90 72 93 74 Assistant Traffic Engineer 80 64 82 66 Traffic Eng/neering Assistant 65 52 67 54 Technician IV 52 42 54 ' 43 Technician II1 45 36 46 37 Technician II 37 30 38 31 Technician I 20 16 21 16' Graphics Designer 65 52 67 54 Designer 55 44 57 45 Drafter 48 39 49 40 Word Processing Supervisor 48 39 49 40 Secrefmrial/Word Processing 46 37 47 38 Computer/ 30 30 31 31 Production Specialis~ Expert witness charges available on requesl. ' Current TJKM rates in the City of Dublin, effective February 1, 1994. b These rates shall apply for capital improvement design work and private development review aa indicated in the master agreement. · These rates are 80 percent of TJKM standard rates, and shall apply to general traffic engineering services, excluding capital improvement design and development review. RESOLUTION NO. 68 - 95 A RESOLUTION OF THE CITY COUNCIL ' OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH TJ-KM TRANSPORTATION CONSULTANTS WHEREAS, the City Council of the City of Dublin approved an agreement for engineering services with T/KM Transportation Consultants on June 9, 1992; and WH~EREAS, said Agreement was amended on June 1, 1993, to extend the term of Agreement until June 30, 1995; and WHEREAS, a further extension t9 June 30~ 1997 is recommended; and WHEREAS~ TJKM has requested an adjustment/n charge rates for the 1995-96 fiscal year; and WHEREAS, the City of Dublin feels that the rate adjustment is appropriate; 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 agreement. PASSED, APPROVED, AND ADOPTED this 27th day of June, 1995. AYES: Councilmembers Barnes Burton, Howard, Moffatt and Mayor Houston NoEs: None Mayor 2/c: ~ontract~tjkm ~amndraso c-mtg/6-27-95/re, otjkm, doc EXHIBIT "A" OF RESOLUTION ~7-96 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS' FOR TRAFFIc' ENGINEERING SERVICES W]~rF~REAS, the City ofDublin (hereinaRer referred to as "CITY") and' T~<M Transportation COnsultants (hereinafter referred to as "CONSULTANT") entered into an agreement on lune 9, 1992, to prOvide traffic engineering sendccs to CITY: and wHEREAS, the term of said agreement was amended to. extend to lune 30, 1997; and WHEREAS, an adjustment of feeS.for services rendered has been requested for the. ]996- 97 Fiscal year; NOW, THEREFORE, the parties heretO agree as follows: AdjuStment Of charge Rates coNSULTANT's charge rates shall be as shoTM on the Schedule of Fees attached as Amendment Exh{bit CITY OF DUBLIN ATTEST: Principal Dae: q g:lcantracfl~flcrnlamendment City of Dublin Engineering Contract TJKM Hourly Rate Schedule Proposed FY 96/97 Rates Current Rates Standard Reduced 15% Standard Reduced ~ncipcd 160 136 144 115 Associate Engineers Principal Associate 120 102 124 99 ! St. Associate 120 102 113 91 ~ Associate 120 102 108 87 · St0 Traffic Engineer ,, Sr. l'ranspor~ation Eng/Planner 90 77 ~03 82 Engineers Traffic Engineer 80 68 93 7~, Transportation Eng/Planner 80 68 93 74 Ar, st. Traffic Engineer 7D 60 82 66 Technical Staff Traffic Engineering Asst. 60 51 67 54 Technician ~/ 60 4~ 54 43 :' Technician I1~ 60 48 46 37 Technibian Il 60 48 38 Tech~cian ~. 60 48 21 16 Graphics Designer 60 51 67 54 Designer 60 51 ,57 45 Drafter 60 51 49 40 Production Staff Word Processing Supervisor 35 30 49 40 Sec/Word Processing 35 30 47 38 Computer/ProdUCtion Specialist 35 30 31 31 IgXltlBIT"A"'OWRESOLUTION ~g-97 AI~Eh'D3/IENT TO AGREEM~ENT BETW'EEN CITY OF DUBLII~I AND TJI~ TRANSPORTATION CONSIJLTANTS FOR TRAF~*IC EBIGIhrEERING SERVICES WItEREAS, 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 WItEREAS, the term of said agreement was amended to extend to June 30, 1997; and WltEREAS, an adjustment of fees for services rendered has been requested for the 199% 98 Fiscal Year; NOW, TltEREFORE~ 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 Exhibit Term of Agreement, The term of the agreement shall terminate on June 30, 1998 CITY OF DUBLIN ATTEST: TJI~vl TRANSPORTATION CONSULTANTS Principal g~ Date: "7- ~ - ~"~ g:~contractl~l'lonlam~ndmcnt EXHIBIT 1 OF AMENDMENT TJKM Hourly Rate Schedule Current Proposed 96-97 97-98 Stsndsrd~ Reduced Sf~udsrdb Reduced Principal $160 $120 $165 $132 Principal Associate 120 102 124 105 Senior Associate 120 102 124 105 Associate 120 102 110 94 senior Traffic Engineer 90 . 77 93 79 Sr~ Transpoliatlo~ EfPlanner 90 '/7 93 79 Traffic Engineer 80 68 82 70 Transportation E/Pl~-ner 80 68 82 70 As.~istant Traffic Engineer 70 60 72 61 Traffic Engineering Asaistant 60 51 62 53 Technician IV 60 48 62 53 Technician III. 60 48 62 53 Technician II. 60 48 62 53 Technician I 60 48 62 53 Graphics Designer 60 / 51 62 53 Designer 60 51 62 53 Drafter 60 51 62 53 Worcl Processing Supervisor 35 30 36 31 Secretarial/Word ProCeSsinl~ . 35 30 36 31 Computer/ 35 30 36 31 Production Specialis,t F~er~ wizness charges available on · Current TJKM rates in the City of Dublin, effeclivm Juna 30, 1996. ~ 'I"nese rates shall apply for capital hnprovemaut desiga work and private development review as indicated in the umster agreement. ' These rates are B5 percent of TJKM standard rates, and shall apply to [umeral traffic augineering services, axcluding capital improvemeut design and development remiew, . EXHIBIT "A" OF RESOLUTION /___.~-99 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS FOR ENGINEERING SERVICES WHEREAS~ the City of Dublin (hereinatler-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 amended 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',.: WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 1999-2000; NOW~ TItEREFORE, 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 E:(hibit 1 shall be in effect forFiscal Year 1999-2000. Consultant shall be entitled to request a further adjustment of rates for the second year of the agreement term° CITY OF DUBLIN v (glayor ATTEST: '--~i~C~rk . TJKM TRANSPORTATION CONSULTANTS \\DUBL1NFS2~PW~ngr-contract\TJKMXamendment99-00.doc T~ Hourly Rate.Schedule for On-Call City.of Dublin Work current PropOsed 'Standard Reduced Standard Reduced Incr~ e Principal ...... '~155 $~[32 $160 $136 Principal Associate 124 105 I40 114 9~ 'Senior Associate 124 105' 130 1 t 1 6~ Associate 110 94 115 .98 4~ Sen]or Traffic Engineering ~ · 93 79 · 100 85 Sr. TranspOrtation Eng[u¢cr 93 79 100 85 '$~ Traffic Engineer 82 70 90 76 Assistant Traffic Engineer 72 61 75 64 5°~ Traffic Eng~ee~ Assistant 72 61 75 64 5% Technician IV 62 53 65 35 Technician. HI 62 53 65 55 4~ Technician II 62 53 65 $ 5 4% Technician I ~ 62 53 65 55 Graphics Designer 62 53 65 55 Designer 62 53 65 55 4°~ Drafter 62 53 65 55 4% Word Processing Supervisor 36 31 36 31 Seereterial/Word Processing 36 3 ~ 36 31 0% Computer/Production Speci~st i 36 ~ 3 ! ,., 41 35 F.x~rt Rqtn~ss charges available on request. a Current TYK.M r~t~ ~ tho City ofDublin, e. ff-ec~ive '97-'99 (no rate inexease occurred in 1998/1999) b These rates ~l~dl ~Fply for oapital improv~meat dooign work and ipri~t~ d~wiopment r~vi~w az : c Thee fete ar~ typic~lly 8~ p~xcc~t o£TYK/vfs standard rate~, and shall apply ~ general traf~ en~,crin~ s~i~es~ excluding ~pi~d improv~avat desis~ and x~vle~v. : Dublin Rate Schedule 1999-2000~:~P 0711311999 8:47 AM FOR ENG~EER~G SER~CES WHE~, ~ Ci~ of Dubl~ ~in~r ~f~d to ~ "CI~") ~d T~M Tms~fion ~m~ ~e~i~er mfe~ m ~ "CONSULTS"), enter~ Mm ~ agmment on July 7. 1998, m pm~de engining s~cos to CI~: ~d ~~AS, s~d ~reement w~ me~,d in July of t 999 ~ extend ~e tern of a~eement for ~ ~difionM ~ ye~s, ~m~afing J~e 30, 2001; ~d WHE~AS, ~d men~m to agorot tnclud~ a pmfision for ~ in f~ ~tes at ~ md of thc 1999-2000 FiscM Ye~; ~d ~E~, Conmltan¢ h~ r~u,st~ ~ adju~m otto:es for Fi$~ Y~ 2000-2001; NOW, T~FO~, ~e p~ies h~o agree ~ follows: ~dim~eq[. qf Rat~ 1Ze rate schedMe ~ hereto ~ E~ibit 1 sh~l be in effect for Fis~ ~fil temMafion of a~eement on J~o 30. 2001. EXHIBIT 1 OF AMENDMENT TO AGREEMENT TJKM TRANSPORTATION CONSULTANTS PROPOSED 2000-200~ Standard (a) Reduced (bi CLASSlFI(~ATION. TJKM Rate C_~ of Dublin Principal $175 $ ~ 48 Principal Associate '~ 50 127 Sr. Associate 140 11 g Associate 125 106 Sr. Traffic Engineer 110 93 Sro Transportation Engineer 110 93 Traffic Engineer 100 85 Assistant Traffic Engineer 85 72 'lrr;i~. Engineering Assistant 75 64 Technician IV 75 55 Technician ill 75 55 Technician !1 75 55 Technician I 75 55 Sr. Designer 90 75 Technical Staff 75 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) These rates shall apply to capital improvement design work and pdvate development review as indicated in the master agreement. (bi 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:e~g~tjkm~exhlblt I amendme~[ ~01 'EXFIIBIT "A" OF RESOLUTION [t',.~ 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 hgree as follows: Extension of Term The term of the agreement shall be extended to jUne 30, 2003. Adjustment of Rates The rate schedule attached hereto shall be effective for the 2001-2002 fiscal year. Consultant may propose a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN TJKM TRANSPORTATION CONSULTANTS Date: OAEngr-contmct\TJKMkamendment01 .doc EXHIBIT 1 OF AMENDMENT TO AGREEMENT · TJKM TRANSPORTATION CONSULTANT.~ 200'1-2002 ·" PROPOSED ~ CLASSIFICATION RATE Principa~ '$155,00 Principal Associate 135.00 Senior Associate 126,00 Associate 112.00 Sro Transportation 99.00 Engineer Transportation Engineer 90.00 Asst. Transportation 77.00 Engineer Technician II 60.00 Technician i 60,00 Technician · 60.00 Graphics Designer 64.00 Designer 64,00 Admin. Supervisor 40.00 g:engr'~TJKM\Exhibit 1 amendment