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HomeMy WebLinkAboutItem 7.5 Traffic Engineering Contract Review (2) CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 9, 1992 SUBJECT: Traffic Engineering Contract Review - TJKM Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Letter from Chris Kinzel, Principal, TJKM 2) Existing agreement 3) Resolution approving new agreement (with agreement attached as Exhibit A) . RECOMMENDATION: 1) Review past performance of TJKM and provide /V N"I" 2 input. <�� ) Adopt resolution approving new agreement. FINANCIAL STATEMENT: See below DESCRIPTION: TJKM Transportation Consultants has provided Traffic Engineering Services to the City of Dublin since 1983, originally as a subcontractor to Santina and Thompson, and then as a direct contract beginning in 1985. TJKM has provided services generally in the areas of general traffic studies, private development review, and Capital Improvement Project design and construction review. At the beginning of 1991, the City hired a Senior Civil Engineer, and later in 1991, an Engineering Technician, who perform a number of the tasks that were formerly assigned to TJKM. Consequently, TJKM's role has diminished, particularly in the areas of Capital Project design and construction review. In addition, TJKM' s attendance at the Traffic Safety Committee meetings has been reduced to an as-needed basis, and some of associated traffic studies have been performed by in-house staff. TJKM has, however, continued to assist the City in a number of projects. They have prepared the Annual Traffic Safety Report and Downtown Plan Intersection Monitoring, worked on the Traffic Impact Fee study, and provided traffic signal monitoring and timing, as well as the manpower for several resident-requested traffic studies through the Traffic Safety Committee. TJKM's responsiveness to Staff's requests for various services has been good, with studies and reports completed in a timely manner. TJKM has charged its work on general traffic studies at 80% of normal hourly rates. This reduced rate type of work amounted to 56% of TJKM's charges for the 90-91 fiscal year and an estimated 62% for the 91-92 fiscal year. The remainder was expended on capital projects and on private development review (for which the City is reimbursed by developers) . A breakdown of TJKM's billings by fiscal year is as follows: HISTORICAL COST COMPARISON Projected Estimated Budget 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 Gen. Traffic Engineering $42,986 $46,023 $32,490 $45,761 $ 71,817 $32,000 $32,000 Private Dev. 9,491 12,616 6,588 7,305 30,272 7,500 10,000 Capital Proj . 43.377 39.364 12.882 14.493 8.037 6,400 5.000 $95,854 $98,003 $51,960 $67,559 110,126 45,900 $47,000 ----------------------------------------------------------------------------------- ITEM N0. Jf COPIES TO: Chris Kinzel, TJKM C I T Y C L E R K FILE W 910 / 0 The relatively high general traffic engineering charges for 1990-91 were due to several large traffic studies; e.g. , the Silvergate Drive study, Nielsen School crossing guard and traffic flow studies, and the Dougherty Road/Pak N Save median closure. The total traffic engineering fees vary, depending primarily on the extent that Capital Improvement Program projects require the design of traffic signals and related improvements and on the private development review workload. As noted above, in-house staff began to perform some of these tasks beginning in 1991, and TJKM's costs declined accordingly. In-house staff designed the reconfigured Dublin Boulevard/Dougherty Road traffic signals, designed the Dublin Boulevard Widening signal modifications, and performed minor traffic studies. It is anticipated that the level of effort required of TJKM in FY 1992-93 will be similar to that for FY 1991-92. Utilization By Employee Classification Table 2 of TJKM's submittal identifies the breakdown of total hours expended by the position. This information indicates that the work is being performed at the most appropriate level, which results in cost-effective service. During the last two fiscal years, TJKM has utilized 16 different employee classifications, plus computer time. An effort has been made to concentrate the bulk of the time with lesser job classifications. Over the last two years, most of the time was expended by the Transportation Engineer/Planner classification, for which the rate charged for Private Development and Capital Projects is $90.00 per hour. This rate is reduced to $72.00 per hour for general traffic studies. For FY 1991-92, it is anticipated that 56% of TJKM's time will have been charged to the Transportation Engineer/Planner classification, while only 21% total is charged to the four higher classifications. It is further anticipated that the total hours spent in all classifications for FY 1991-92 will be reduced by approximately 1,000 hours when compared to the 1990-91 total hours due to in-house staff assuming some of these responsibilities and the slowdown in the private development sector. Review of Cost-Effectiveness of Contract vs. In-House As indicated in the previous section, the contract with TJKM provides the City with the opportunity to utilize a variety of contract employees, depending on the skill level required. The estimated total hours of service projected for Fiscal Year 1992-93 is approximately 600 hours. This represents approximately 30% of a full- time position. Staff believes that hiring technical personnel on a part-time basis would be difficult if the City were to bring all Traffic Engineering services in- house. This would also sacrifice the availability of the diverse pool of employees offered through the contract arrangement with TJKM. Given the lack of development- generated traffic engineering work, it does not appear prudent to consider offsetting the contract work with City personnel at this time. This may be a consideration in the future, in the event that the long-term workload would warrant additional personnel. 1992-93 General Engineering It is expected that TJKM will continue to attend,the Traffic Safety Committee meetings and perform traffic studies on an as-needed basis in 1992-93. This work may also include traffic counts and the Annual Traffic Safety Report. Due to time constraints and other projects, in-house Staff will not have time to fully take over all of these functions. Page 2 The anticipated breakdown of TJKM's work is as follows: 1) General traffic engineering studies, including attendance at selected Traffic Safety Committee meetings and the annual traffic safety report. 420 hours 2) Private development review 130 hours 3) Capital Improvement Project design, review, and inspection to include the inspection of the Dublin Boulevard/Dougherty Road signal and the review of the Dublin Boulevard widening plans. 66 hours TOTAL: 616 hours It is also proposed to have TJKM continue monitoring the City's traffic signal system and providing signal timing under City Staff's direction. 1992-93 Private Development Review It is anticipated that there will be fewer private projects requiring traffic studies or review by TJKM during Fiscal Year 1992-93 than in prior years. City Staff is now allowing applicants to choose their own traffic engineering firms for any projects requiring traffic studies. Staff meets with the development applicant's traffic engineers before they start the studies in order to advise them of the parameters Staff requires for the study. Staff also reviews the reports before and after they are finalized. This work is primarily performed by the in- house Senior Civil Engineer under the direction of the City Engineer. These costs are recovered from the applicant. This change in policy gives the applicant a better feeling of impartiality and more control over the cost of the study. 1992-93 Capital Projects TJKM was involved in only four capital projects in 1991-92: the San Ramon Road Phase IV project, the Traffic Impact Fee Study, the Dublin Boulevard Extension project, and the Dublin Boulevard Widening project. It is anticipated that TJKM will be consulting on the installation and timing of the relocated Dublin Boulevard/Dougherty Road traffic signal and review of the Dublin Boulevard Widening project signals and striping. It is estimated that TJKM's charges will be $1,500 for the Dougherty Road/Dublin Boulevard signal and $3,500 on the Village Parkway Signals design work. Proposal TJKM is proposing no increases in rates for FY1992-93 as indicated in Table 4 of Mr. Kinzel's proposal and is proposing no changes to the existing agreement. Therefore, the new agreement proposed to be adopted consists of the same costs and services as the current agreement. At the City Attorney's request, the agreement has been re- formatted to conform with the City's Standard Consultant Agreement. Staff recommends that the City Council review the services provided by TJKM and adopt the resolution approving the amendment to the agreement. a: (contracts)\tjkm\agstrev Page 3 6 1992 MEMORANDUM ^UGLIC .WORKS March 13, 1992 Project No.: 157-001 To: Lee Thompson, City Engineer From: Chris D. Kinzel Subject: City of Dublin Contract Review and FY 1992-93 Proposal This memorandum provides information about the traffic engineering services TJKM provides to the City of Dublin. The first section of this memorandum deals with a self-assessment of TJKM performance for the past year. 1. Contract Compliance The administrative duties,development review duties and capital projects for which TJKM has participated in include the review of routine citizen requests, requests from the City council for traffic control changes, traffic impact analyses for proposed new development, review of site plans for proposed development, signal timing studies,planning of road network improvements, speed surveys, and investigation of school related traffic safety issues. See Table 1 for a list of specific projects. We believe we have provided these services in a "prompt, professional and workmanlike manner in accordance with the standards of the engineering profession". During this past year,TJKM has continued to participate in the City Traffic Committee which meets twice a month. The meeting is attended by representatives of the City Engineer's Office,Maintenance,TJKM, and the Police Department. TJKM now attends these meetings only when specifically requested. The committee allows for a high level of coordination of traffic engineering and traffic safety issues among the affected departments. The committee also facilitates the prompt and coordinated response to City Council agenda items. Many routine items are resolved at the meeting and other more complex issues are designated for further study with the knowledge of all parties. TJKM staffing for the City of Dublin traffic engineering services has been fairly consistent. Transportation Engineer David Othling has attended the City Traffic Committee meetings and has performed most of the traffic investigations assigned by the committee, City Engineer or the City Mamager. David and Transportation Planner Gem Langtry have conducted most of the traffic impact evaluations for proposed development in the City of Dublin. They have been supervised by Principal Associate Ty Tekawa and Principal Chris Kinzel, both of whom are registered Professional Engineers. Ty Tekawa provides general review and coordination of all traffic engineering design functions including traffic signing and striping design or review. Associate John Gildea coordinates signal timing and operations. Chris Kinzel makes most of the presentations at City Council meetings, and provides overall direction to other TJKM staff members. Other TJKM members are assigned as needed to assist the four primary Dublin team members,particularly 4637 Chabot Drive,Suite 214, Pleasanton,California 94588-2754 PLEASANTON•SACRAMENTO•FRESNO•WALNUT C Memorandum -2- March 13, 1992 Mr. Lee Thompson 157-001 in the area of design and field data collection. Much of the design work is accomplished at the Assistant Traffic Engineer or Traffic Engineer level. The TJKM goal continues to be to provide quality traffic engineering services to the City of Dublin at the lowest possible job classification level, while providing appropriate review and supervision. The hours and dollar values of TJKM's services to the City of Dublin declines substantially this year. This is due to the general slow down of the economy and the fact that an increasing share of the traffic engineering work is being performed by the staff. 2. Availability Traffic engineering services are provided to the City of Dublin from TJKM's corporate headquarters in northern Pleasanton, a couple of miles from the Dublin City Hall. We feel we have been available as needed and requested by the City staff. 3. Responsiveness Generally, other than safety related items, traffic engineering matters do not require immediate response. We feel our overall responsiveness has been consistently high in the past year. 4. Cost Effectiveness During fiscal year 1991 to date, TJKM invested a total of 493 hours on Dublin projects and invoiced a total of$37,610. Dividing the total billings and the total hours,the average hourly rate was$76.29,higher than last years rate ($59.90) which reflects a greater proportion of senior staff time primarily related to the City's Traffic Mitigation Fee effort, and higher rates in 1990-91. Of the total billings, $21,959 (58 percent) were for regular day to day traffic services, $11,075 (30 percent) were for private developer funded studies, and $4,575 (12 percent) were for design of capital projects. Table 2 shows the 1991-1992 billings by TJKM job classification, and Table 3 lists the TJKM billings for the past two fiscal years by work category. The past year billings do not reflect TJKM efforts within the City of Dublin that were subcontracted such as the West Dublin traffic studies. Also shown in Table 3 are the estimates for the final FY 1991-1992 billings and the 1992-93 budget. The projections take into account a continued reduction in TJKM staff services. 5. Program Development and Implementation This item deals with timeliness and accuracy and would best be addressed by the City Engineer and the City staff. Proposal TJKM proposes to continue offering transportation engineering services to the City of Dublin during the City's 1992-93 Fiscal Year (FY) of July 1, 1992 to June 30, 1993. The proposed hourly rates for FY 1992-93 are indicated in Table 4. The proposed rates are identical to the current fiscal year, and there will Memorandum -3- March 13, 1992 Mr. Lee Thompson 157-001 be no increase for the next fiscal year. The table also provides a comparison of the current and proposed rates for the City of Dublin contract rates. The proposed full rates would apply to any capital improvement project or project funded by private developers. The proposed reduced rates would apply to all other traffic engineering services provided by TJKM. Reduced rates are 80 percent of the proposed rates. TJKM requires no insurance subsidy from the City of Dublin. Our errors and omission insurance limits are $500,000. As to ways that traffic engineering services can be improved in the City of Dublin, we feel there has been measurable improvement in some areas. The Traffic Safety Committee has been taking more of a proactive role than in previous years. Traffic signal timing, operation, and special maintenance and traffic operations during street and utility construction and maintenance has improved, but is in need of continuing attention. We have appreciated the opportunity to conduct traffic reviews of proposed development in the City of Dublin. We feel we have been able to contribute positive comments resulting in improved access to public streets, circulation, and parking within the development. We hope to continue in this role. We continue to be sensitive to the issue of conflict of interest or a perception of conflict. TJKM has extensive involvement with many public and private entities in the Tri-Valley,hopefully to the advantage of the City of Dublin. We appreciate the City's flexibility in this area. TJKM is very pleased to be providing traffic engineering service to the City of Dublin and hopes to continue providing such services as long as the City desires. The advantages of utilizing TJKM's consulting services include the availability of a variety of experienced senior transportation professionals to handle peak loads. As the City transitions its traffic engineering services to include more staff services, our role should continue to diminish. Please contact me if there are questions on any of these matters. CS/mlg Attachments 157-001 m.l ck TABLE I TJKM 1991 PROJECTS GENERAL ENGINEERING: Accident Map & Annual Safety Report Alcosta Boulevard/San Ramon Road Investigation Amador Valley Boulevard Crosswalks Annual Counts Arroyo Vista Circulation Betlen Drive Speeding Council Meetings (report on studies) Dougherty Road/Dublin Boulevard Safety Recommendations Downtown Plan Review Dublin Signals Dublin/Regional Striping Dublin Speed Surveys Dublin Boulevard/Amador Plaza Road East Dublin General Plan Amendment Frederiksen School Access Houston Place Access Lancaster/Ann Arbor Stop Signs Traffic Impact Mitigation Fee Murray School Crossing Guard Study Newry Place Speeding Nielsen School Circulation OTS Grants Pak N Save Access San Ramon Road/Dublin Boulevard Controller Replacement San Ramon Road/Bellina Access San Ramon Road Bicycle Circulation Silvergate Drive Study Traffic Safety Committee Tri-Valley Traffic Model Wendy's Circulation PRIVATE DEVELOPMENT: BART Review Dublin Meadows Access Gateway TIS Review CAPITAL PROJECTS Dublin Boulevard Extension to Tassajara Road Dublin Boulevard Widening San Ramon Road Improvements Phase IV Traffic Impact Fee Study Table 2 TJKM Hours by Job Classification FY 1990-1991 FY 1991.1992 FY 1491.1992 FY 1992.1993 C 12Srification (To Date) Projected Projected F123.0 Percent Hours Percent Hours Percent Hours Percent Principal 7 11.5 2 12 2 12 2 Principal Associate 9 8.5 2 6 1 12 2 Associate 73.0 4 56.0 11 66 11 44 7 Senior Traffic Engineer 43.0 3 9.5 2 40 7 143 23 Transportation Engineer/Planner 895.0 54 3095 63 336 56 81 13 Assistant Traffic Engineer 235 1 30.5 6 52 9 154 25 Traffic Engineering Assistant 9.5 1 0.0 0 0 0 0 0 Technician N 275 2 15.0 3 15 2 25 4 Technician III 365 2 155 3 20 3 44 7 Technician U 49.0 3 4.5 1 8 1 12 2 Crapbics Designer 655 4 7.5 2 12 2 20 3 Drafter 485 3 1.5 0 4 1 20 3 Project Coordinator 1.5 0 1.0 0 2 0 12 2 Word Processing Supervisor 265 2 6.5 l 8 1 12 2 Secretarial/Word Processing 765 5 13.5 3 20 3 25 4 Computer 0.0 0 0.0 0 0 0 0 0 Technician 7.5 0 0.0 0 0 0 0 0 Total 1,650 100 493 100 601 100 616 100 CShnlg 6/4192 157-00irn lck Table 3 TjKM Billings by Project Type To Date A° Beeied Project Type FY 1990.91 (,Tan 1992) FY 1991-92 FY 1992•93 AY 1991-92 Geaeiel Traffic FnginecLinB 71,817.00 14,455.00 32,000-00 32,000.00 Private Development Review 30,272.00 6,249.00 00 7,500.00 10,0 .00 ���� 8,037.00 3.816.00 6,400.00 5,000.00 $LI0,126.00 $24,520-00 545,9W.00 $47,000.00 Total CSImlg 614192 157-001m.lck Table 4 TJKM Hourly Rate Schedule Current Proposed 91-92 92-93 Percentage Increase Standard' Reduced Standard' Reduced` Principal $140 $103 $140 $103 0.0 Principal Associate 120 94 120 94 0.0 Senior Associate 110 86 110 86 0.0 Associate 105 82 105 82 0.0 Senior Traffic Engineer 100 77 100 77 0.0 Sr. Transportation E/Planner 100 77 100 77 0.0 Traffic Engineer 90 72 90 72 0.0 Transportation E/Planner 90 72 90 72 0.0 Assistant Traffic Engineer 80 64 80 64 0.0 Traffic Engineering Assistant 65 52 65 52 0.0 Technician IV 52 42 52 42 0.0 Technician III 45 36 45 36 0.0 Technician II 37 30 37 30 0.0 Technician I 20 16 20 16 0.0 Graphics Designer 65 52 65 52 0.0 Designer 55 44 55 44 0.0 Drafter 48 39 48 39 0.0 Project Coordinator 50 40 50 40 0.0 Word Processing Supervisor 48 39 48 39 0.0 Secretarial/Word Processing 46 37 46 37 0.0 Computer 30 30 30 30 0.0 Average Percentage Increase 0.0 Expert witness charges available on request. ` Current TJKM rates in the City of Dublin, effective July 1, 1991. ' These rates shall apply for capital improvement design work and private development review as indicated in the master agreement. These rates are 80 percent of TJKM standard rates, and shall apply to general traffic engineering services, excluding capital improvement design and development review. Cs/m>s 224/91 157-001m.lck A G R E E M E N T �/-F-�- 1985 , This Agreement is made and entered into this /� day of t�'� , 19 8 5 ,and by and between the City of s , (hereinafter obnirreierreddtooass"Consultant" ) . TJKM Transportation Con ltan WHEREAS, City is desirous of the services of a City Traffic Engineer and related engineering; and WHEREAS , Consultant is qualified to render said necessary services and desires' to serve as Citv Traffic Engineer to City. NOW, THEREFORE, the parties hereto agree as follows : I , DUTIES OF CONSULTANT Consultant agrees to provide those engineering services that may be required by the City of Dublin during the term of this agreement in a prompt, professional and workmanlike manner in accordance with the standards of the engineering profession. All work shall be completed to the satisfaction of the city ��ntgof any of the following . The City its dutiesretion, request performance by consu l A. Administrative Duties 1, Perform the statutory responsibilities of City Traffic Engineer. 2. 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 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. 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 fundings . 6. Recommend ordinances and regulations pertaining to traffic engineering matters . relationships and coordination winh 7 . Establish working other public agencies and private utilities involving traffic engineering matters affecting the City. g . 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. T­_701 0" r � w ` J Page �i-•'s�„�F 'nsu 6d t�a�av' c v i•�-n�v Ar..,2EEN1 T C. Development Review Duties 1 , Review proposed developments and make recommendations pertaining to traffic engineering considerations . 2 . Review traffic engineering aspects of planning applications . D. Capital Pro-ects 1 , Assist City Manager in development of a capital improvement program that relates to traffic matters . 2 . Upon specific and separate authorization by the City, prepare plans and specifications for traffic related capital improvement projects. It is understood that Consultant h2iCe`+� for most traffic related capita reserves the right to bid any project or bring in specialists when deemed necessary by the City or the Consultant. A capital improvement is defined as any project ^in which the construction is performed by someone other than the City Forces or the Citv' s designated street maintenance contractor. II . DESIGNATION AS CITY TRAFFIC ENGINEER For the term of this agreement, the following employee of consultant is to be designated as Citv Traffic Engineer: Chris Kinzel Registered Traffic Engineer III , COMPENSATION Consultant shall be compensated for work as follows : A. The following work shall be charged at 80 percent of the rates shown in Exhibit A: 1. General Traffic Engineering services and studies excluding capital improvement project design. g, The following work shall be charged at . the rates shown in Exhibit A: 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. C. The City shall not pay for the cost of commuting from the Consultant' s office to Dublin Citv Office. Page 2 IV. COLLECTION OF FEES All 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 engineer shall be collected in the name of the City. Engineer shall employ record keeping measures acceptable to the City. If fees are collected by the City, engineer shall review the appropriate ordinances and fee schedules in effect by City and shall provide to the persons designated by the City for collection of fees , the amount of such fees to be collected. V. INDEPENDENT CONTRACTOR STATUS In the performance of the work undertaken pursuant to this agreement , consultant is deemed to be an independent contractor. Consultant ' s employees are not to be considered employees o' the City oL Dublin for any purpose. VI . ASSIGNABILITY This agreement shall not be assignable or transferable by the Consultant without the expressed written consent of the City Manager. VII . OWNERSHIP OF WORK All documents , data studies, surveys , drawings , maps and reports furnished to the Consultant by the City, as well as reports and supportive data prepared by the Consultant under this contract shall 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. VIII, PERFORMANCE OF WORK Consultant agrees to perform work as stated in this agreement to the satisfaction of the City. IX. LIABILITY COVERAGE A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to anv person employed by the Consultant performing services for the City. B. Consultant firm shall hold harmless the City from damages , costs or expenses that may arise because of damage to property or injury to persons received or suffered by reason of the operation of engineering firm which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of the Consultant or any o- its agents , officers and employees and subcontractors. C. Consultant agrees to provide at its own expense general liability insurance in an amount not less than $1, 000 , 000 and further name the City as an additional insured. Page 3 provide the City with evidence that it has D. Consultant shall p-r Worker ' s Compensation Insurance covering all its employees and professions liability insurance in the amount of $500 , 00 . E. Consultant shall assume liability for therongfulemploye°s e negligent acts , errors and omissions of its officers , agents and in regard to any functions or activity carried out by and subcontractors them on behalf of the City. X. 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 firm by providing the firm 30 days written notice. In the engineering engineering firm shall be compensated for ,. event of such termination, the eng_ g ensati such services up to the point of terminate°centauehofoprogress°completed)at in progress would be prorated as to the p g the date of termination. If the engineering firm terminates its services to the City, must provide the City with written the at least go dayssin advance of such termination. All notices to _ City Manager City of Dublin 6500 Dublin Boulevard, Suite 101 Dublin, CA 94568 All notices to Consultant shall be addressed to: TJKM 4637 Chabot Drive, Suite 214 Pleasanton, CA 94568 _red to above , shall be sent via ' stered Mail. as referred , Notices , r e CITY OF D LIB' By Mayor l/ ATTE City C 1 TJKM By Chris Kinzel APPROVED AS To FORA: p City Attorney Page 4 EXHIBIT A TJKM PROPOSED HOURLY CHARGE RATES 1984 Rates Proposed Rates Difference $ 90 $ 98 + $ 8 Principal 8 82 + $ 4 7 Principal Associate 78 82 S 2 Senior Associate 72 $ 3 Associate 69 65 68 + $ 3 Senior Traffic Engineer 68 $ 3 Senior Transportation Engr 55 60+$ 5 Traffic Engineer 0 NC Transportation Engineer NP 6 6 $ 5 Assistant Traffic Engineer 44 9 3 Traffic Engineering Assistant39 42 + 0 Technician II Technician I 22 0 22 2 22 2 0 NC Graphics Supervisor 29 34 + $ S Draftsman 32 35 + $ 3 Secretarial 30 30 0 Computer Above rates include standard overhead items. Travel costs are billed at 30 cents/mile. Outside services are billed at cost plus 10 percent for handling. Invoices are due and payable within 30 days. Invoices paid after 30 days will be subject to separate billings of 1 1/2 percent per month of unpaid balance. Late charges are not included in any agreement for maximum charges. Expert witness charges available on request. * Fees are reduced by 20% for General Traffic Engineering services and studies excluding capital improvement project design. Effective March 1 , 1985 EXHIBIT "A" AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM FOR TRAFFIC ENGINEERING SERVICES WHEREAS , the City of Dublin (hereinafter referred to as "CITY") and TJn1 Transportation Consultants (hereinafter referred to as "CONSULTANT") first entered into an agreement on October 14, 1985, to provide traffic engineering services to the City of Dublin; and WHEREAS, the fees established in Exhibit "A" of the most recent amendment to the agreement were effective from July 1, 1989 to June 30, 1990; and WHEREAS , CITY wishes to continue contracting for services from CONSULTANT; and WHEREAS , an adjustment of fees for services rendered is desirable by both CITY and CONSULTANT; NOW, THEREFORE, the parties hereto agree as follows: Section 1: Adjustment of Rates The TJKM hourly rate schedule (Exhibit "A") shall replace the rate schedule which was adopted by the City Council on June 27, 1989. The change in rates shall be effective from July 1, 1990 and shall continue in effect until June 30, 1991, or until rescinded or amended by the City Council according to the provisions of the agreement. CITY OF DUBLIN Piayor ATTEST: (� 1 Ci y �lerk TJKM TRANSPORTATION CONSULTANTS VAR1+ �' I Chris Kinzel i >/ <�A) Date of 'Adoption EXHIBIT "A" OF AMENDW " TJKM HOURLY RATE SCHEDUL_ Current° Reduced Proposedb Reduced° 89-90 89-90 90-91 90-91 Principal $120 $90 $130 $96 Principal Associate 90 72 110 88 Senior Associate 84 67 100 80 Associate 82 66 95 76 Senior Traffic Engineer 79 63 90 72 Senior Transportation Engineer/Planner 79 63 90 72 Traffic Engineer 75 60 85 68 Transportation EngineerlPlanner 75 60 85 68 Assistant Traffic Engineer 65 52 73 58 Traffic Engineering Assistant 52 42 60 48 Technician IV 45 36 50 40 Technician 111 41 33 43 34 Technician 11 33 27 35 28 Technician 1 20 16 20 16 Graphics Designer 52 42 60 48 Designer 44 35 50 40 Drafter 40 32 ' 45 36 Project Coordinator 46 37 50 40 Word Processing Supervisor 43 35 46 37 Secretarial/Word Processing 41 33 44 35 Computer 30 30 30 30 Expert witness charges available on request. Current TJKM rates in the City of Dublin, effective July 1, 1990. b 'These rates shall apply for capital improvement design work as indicated in the master agreement. These rates are 80 percent of TJKM standard rates, and shall apply to General Traffic Engineering Services and Studies, excluding capital improvement design. AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND FOR TRAFFIC ENGINEERING SERV-LuES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT") first entered into an agreement on October 14, 1985, to provide traffic engineering services to the City of Dublin; and WHEREAS, the fees established in Exhibit "A" of the most recent amendment to the agreement were effective from July 1, 1990 to June 30, 1991; and WHEREAS, CITY wishes to continue contracting for services from CONSULTANT; and WHEREAS, an adjustment of fees for services rendered is desirable by both CITY and CONSULTANT; NOW, THEREFORE, the parties hereto agree as follows: Section 1: Adjustment of Rates The TJKM hourly rate schedule (Exhibit "A") shall replace the rate schedule which was adopted by the City Council on June 26, 1990. The change in rates shall be effective from July 1, 1991 and shall continue in effect until June 30, 1992, or until rescinded or amended by the City Council according to the provisions of the agreement. Section 2: Compensation Section III (B) of the Agreement shall be amended to include the following: 2. Review of proposed developments and traffic studies for proposed developments. CITY OF DUBLIN G Mayor PRo i NP � ATTEST: Cit Clerk (/ TJKM TRANSPORTATION CONSULTANTS 6� G• 4t, Chris Kinzel J a, 2`l, r 19( Date of Adoption ., EXHIBIT "A" OF AMENDMENT TABLE 5 TJKM HOURLY RATE SCHEDULE Current- Reduced Proposedb Reduced° Percentage 90-91 90-91 91-92 91-92 Increase Principal $130 $96 $140 $103 7.3 Principal Associate 110 88 120 94 6.8 Senior Associate 100 80 110 86 7.5 Associate 95 76 105 82 8.3 Senior Traffic Engineer 90 72 100 77 6.9 Senior Transportation Engineer/Planner 90 72 100 77 6.9 Traffic Engineer 85 68 90 72 5.9 Transportation Engineer/Planner 85 68 90 72 5.9 Assistant Traffic Engineer 75 58 80 64 6.7 Traffic Engineering Assistant 60 48 65 52 8.3 Technician IV 50 40 52 42 4.0 Technician III 43 34 45 36 4.7 Technician 11 35 28 37 30 5.7 Technician 1 20 16 22 18 10.0 Graphics Designer 60 48 65 52 8.3 Designer 50 40 55 44 10.0 Drafter 45 36 48 39 6.7 Project Coordinator 50 40 50 40 0.0 Word Processing Supervisor 46 37 48 39 4.3 Secretarial/Word Processing 44 35 46 37 4.5 Computer 30 30 30 30 0_0 Average Percentage Increase 6.1 Expert witness charges available on request. - Current WKM rates in the City of Dublin, effective until July 1, 1991. b These rates shall apply for capital improvement design work and private development review as indicated in the master agreement. These rates are a maximum of 80 percent of TJKTM standard rates, and shall apply to general traffic engineering services, excluding capital improvement design and private development review. RESOLUTION NO. -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING NEW 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 October 14, 1985; and WHEREAS, the City of Dublin and TJKM Transportation Consultants have agreed that certain changes in said agreement are necessary as regards the scope of work; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve 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 9th day of June, 1992. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a: (contracts)\tjkm\amndreso IT STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 1992, by and between the CITY OF DUBLIN, a Municipal Corporation ("City") , 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. 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 C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of. this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7. OWNERSHIP OF WORK. All documents, data, studies, surveys, drawings, maps, and reports furnished to Consultant by City, as well as reports and supportive data prepared by Consultant under this Agreement shall Agreement with TJKM Transportation Consultants July 1, 1992 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. All 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 recordkeeping measures acceptable to the City. If fees are collected by the City, Consultant shall review the appropriate City ordinances and fee schedules in effect and shall provide to the persons designated by City for collection of fees, the amount of such fees to be collected. 9. SUBCONTRACTING. 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 any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 11. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator") . All correspondence shall be directed to or through the Administrator or his designee. 13. NOTICES. Any written notice to Consultant shall be sent to: 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. 0. Box 2340 Dublin, CA 94568 Agreement with TJKM Transportation Consultants July 1, 1992 Page 2 Executed as of the day first above stated: CITY OF DUBLIN, A Municipal Corporation By "City" Attest: City Clerk TJKM TRANSPORTATION CONSULTANTS By 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. All work shall be completed to the satisfaction of the City Manager. The City may, at its discretion, request performance by Consultant of any of the following duties: A. Administrative Duties 1. Perform the statutory responsibilities of City Traffic Engineer. 2. 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 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. S. 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 1. Review proposed developments and make recommendations pertaining to traffic engineering considerations. 2. Review traffic engineering aspects of planning applications. C. Capital Projects Assist the City Manager in the development of a Capital Improvement Program that relates to traffic matters. Upon specific and separate authorization by City, prepare plans and specifications for traffic-related Capital Improvement Projects. It is understood that Consultant may provide design services for traffic related Capital Improvement Projects. However, City reserves the right to bid any project or bring in specialists when deemed necessary by City or Consultant. A Capital Improvement is defined as any project in which the construction is performed by someone other than the City forces or the City's designated street maintenance contractor. D. Designation as City Traffic Engineer For the term 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. General traffic engineering services and studies excluding capital improvement project design. B. 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 billing date providing, in City's estimation, that said invoices are correct and sufficient backup is attached. City shall advise Consultant within 30 days of the billing date if said invoices are deemed incorrect. Exhibit B Page 1 of 1 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 EXHIBIT D GENERAL PROVISIONS 1. 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. 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 may be 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 injury and $100,000 for property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $500,000 per accident. C. 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. D. 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 (2) 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. (3) 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) All 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. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. F. 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. H. 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, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 8. 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 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. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any sub-consultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive 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 comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials 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 patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 12. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. a: (contracts)\tjkm\agrement Exhibit D Page 5 of 5 July 1, 1992