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HomeMy WebLinkAboutItem 8.7 TrafficEngrContract (2) , . e' e CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 27, 1995 SUBJECT: Traffic Engineering Contract Review - TJKM Report by Public Works Director Lee Thompson EXHmITS ATTACHED: 1) ILetter from Chris Kinzel and Carl Springer, TJKM 2) I Existing agreement 3) / Resolution approving amendment to agreement (with amendment attached as Exhibit A). 4) / Comparison of current and proposed rates by employee hours RECOMMENDATION: ~v\P ~ 1) 2) Review past performance ofTJKM and provide input. Adopt resolution approving amendment to agreement (extension for an additional two-year period with 3% increase in rates for FY 95-96). FINANCIAL STATEMENT: The total cost of General Traffic Engineering Services is $25,500 for Fiscal Year 1995-96. This is an 8% decrease in total cost from Fiscal Year 1994-95. An additional $17,200 has been budgeted for two Capital Improvement Projects, a signal timing study funded by outside grants, and the remaining work on the Downtown Traffic Impact Fee study. 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. General Description of Services Provided F or the last two years, TJKM has provided services in the areas of general traffic studies, such as speed surveys and resident-requested stop sign studies, and continues to playa role in monitoring the operation of the City's traffic signals. The private development review and Capital Project design functions that were performed in past years are now being performed primarily by in-house staff In addition, TJKM's attendance at the Traffic Safety Committee meetings has been reduced to an as-needed basis. Specific Traffic En2:ineerin2: Proiects TJKM has continued to assist the City in a number of specific projects. They have prepared the Annual Traffic Safety Report and Downtown Plan Intersection Monitoring and provided traffic signal monitoring and timing, as well as the services for resident-requested and Staff-requested traffic studies recommended for study by the Traffic Safety Committee during Fiscal Years 1993-94 and 1994-95. The major studies performed were: ------------------------------------------------------------------------------------------------------_.------- ITEM NO. sa- Copies to: Carl Springer, TJKM S 90 - 10 CITY CLERK FILE ~ , e e · Dougherty Road/Sierra Lane Signal Warrant Study · Scarlett Court/Scarlett Drive All-Way Stop · Brighton Drive/Amador Valley Boulevard All-Way Stop · FHW A HPMS Update · OTS Grant Studies · Crossing Guard Studies · TamaracklBristol Stop Sign Study · Bloomington Way Stop Sign Studies Most of these traffic studies consisted of performing traffic counts and analyzing the locations from the standpoint of sight distance and accident history. In addition, TJKM updated speed surveys on approximately 80% of the City's arterial and collector streets during FY 1994-95. TJKM's responsiveness to Staffs requests for various services has been good, with studies and reports completed in a timely manner. Cost of Services Provided TJKM has charged its work on general traffic studies at 80% of normal hourly rates. Most of the work performed by TJKM in FY 1994-95 was at the 80% rate, with the exception of the Downtown Traffic Impact Fee (TIF) study and Dublin Boulevard Widening Air Quality Study. These studies were a separate contract with a specific not-to-exceed contract cost. An RFP was issued for these studies, and TJKM was selected from among several firms as best able to provide the service. Utilization By Employee Classification During the last two fiscal years, TJKM has utilized 18 different employee classifications, plus outside services such as rental of counting devices. During FY 1993-94, time was charged to the City by 12 of these classifications, and during FY 1994-95, by only 6 of these classifications. Most of this time was charged by the Senior Associate ($88/hour), Traffic Engineer ($72/hour), Assistant Traffic Engineer ($64/hour), and Graphics Designer ($52/hour) positions. This work was performed in the General Engineering category, which is charged at the reduced rate. Utilization of these classifications, as opposed to the Principal and Principal Associate classifications is cost-effective for the City. Exhibit 4 delineates the hours expended by employee classification for both Fiscal Years 1993-94 and 1994-95. In addition, during the latter part of 1993-94 and in 1994-95, TJKM participated in the Downtown Traffic Impact Fee (TIF) Capital Improvement Project. The not-to-exceed total cost of this work was $20,290. 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 1995-96 is approximately 540 hours including both General Traffic Engineering and Capital Improvement Projects. This represents approximately 26% 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. 1995-96 General Engineering For the current service level, TJKM would continue to attend the Traffic Safety Committee meetings on a limited basis and perform traffic studies on an as-needed basis in 1995-96. This work would also include traffic counts and any required speed zone studies. TJKM will not perform intersection Page 2 e . monitoring in the downtown area this year, as the City Council has directed that this time frame be extended to once every two years. The accident map will, however, be maintained. It is proposed to have TJKM continue monitoring the City's traffic signal system and providing signal timing under City Staffs direction. Due to time constraints and other projects, in-house Staff will not have time to take over these functions. Total General Engineering cost for 1995-96 is estimated at $25,500. This is about $8,000 less than the estimated General Engineering total for 1994-95, as the need for speed surveys is considerably less, and the downtown intersection monitoring counts will not be done again until 1996- 97. 1995-96 Capital Projects TJKM will be completing the Downtown Traffic Impact Fee study, which has about $2,000 in remaining work. In addition, during 1995-96, TJKM will be performing a City-wide signal timing study which is funded by outside grants. The cost of the signal timing study is estimated at $15,200. Proposal TJKM increased their rates slightly (approximately 1.1 %) in 1994-95. The last rate increase prior to that time was in the 1991-92 fiscal year. For Fiscal Year 1995-96, TJKM is proposing a 3% rate increase. Staff feels that this small percentage of increase over the past several years is very reasonable. Exhibit 5 is a comparison of current and proposed rates, compared on the basis of hours expended in FY 1994-95. However, since the total hours estimated for 1995-96 is less than 1994-95, the total cost will be less. Staff recommends that the City Council review the services provided by TJKM and adopt the resolution (Exhibit 3) approving the amendment to the agreement: extension of the contract for an additional two- year period, as well as the proposed rate increase. g: \contracts Itjkm lagstrev Page 3 ~ Tran_rtaUon Consultant. e MEMO June 19, 1995 Project No.: 157-001 To: Mr. Lee Thompson, Public Works Director From: Chris D. Kinzel, P.E. Carl D. Springer, P.E. Subject: City of Dublin Contract Review and Fiscal Year 1995-1996 Proposal This memorandum provides information about the traffic engineering seIVices TJKM provides to the City of Dublin. 1. Contract Compliance TJKM Assignments and Duties The administrative duties 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 networlc improvements, speed sUIVeys, and investigation of school related traffic safety issues. See Table I for a list of specific projects. We believe we have provided these seIVices in a "prompt, professional and worlrnlanlike manner in accordance with the standards of the engineering profession." TJKM Staffing TJKM staffmg for the City of Dublin traffic engineering seIVices has been fairly consistent although significantly less than projected for Fiscal Year 1994-1995. Senior Associate Carl Springer, P.E. has attended the City Traffic Safety Committee meetings and has directed most of the traffic investigations assigned by the committee, City Engineer or the City Manager. Carl and Traffic Engineer Christopher Kinzel have conducted most of the traffic studies. They were supeIVised by Principal Chris D. Kinzel who is a registered Professional Engineer. Chris Kinzel provided general review and coordination of all traffic engineering design functions. Associate John Gildea coordinates signal timing and operations. Other TJKM members are assigned as needed to assist the four primary Dublin team members, particularly in the area of field data collection. The TJKM goal continues to be to provide quality traffic engineering seIVices to the City of Dublin at the lowest possible job classification level, while providing appropriate review and supeIVision. 4637 Chabot Drive, Suite 214, Pleasanton, CA 94588-2754 PI.santon . Fresno . Santa Rosa EXHiBIT ~~T.J\LM I -~ .l , Mr. Lee Thompson, Pubre"orks Director City of Dublin Traffic Engineering Services e Page 2 June 19, 1995 The hours and dollar values of TJKM's services to the City of Dublin declined this year as they did last 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 improved in the past year. 4. Cost Effectiveness During fiscal year to date, TJKM invested a total of 372 hours on Dublin general study projects and invoiced a total of $28,525. Dividing the total billings and the total hours, the average hourly rate was $76.68, lower than last years rate ($85.92) which reflects our increased hourly rate schedule this past year, and a large percentage of assistant engineer involvement. TJKM worked two capital improvement projects in 1994-95. For the Downtown Traffic hnpact Fee Study, TJKM charged $4,977; and for the Dublin Boulevard Widening, TJKM completed an air quality study in the amount of $15,365. Table n shows the billings by TJKM job classification, and Table III lists the TJKM billings for the past two fiscal years by work category. Also shown in Table III are the estimates for the final Fiscal Year 1994-1995 billings and the 1995-96 budget. The TJKM budget approved for the past Fiscal Year 1994-1995 was $32,000 for general traffic engineering which is expected to be fully utilized by years end. The budget for next fiscal year is assumed to be $25,500 for general traffic engineering. Next year's proposed budget includes an additional $15,200 for citywide signal system timing which will be funded by a federal grant. The budget includes miscellaneous cost for supplies, and contracted services such as traffic control, etc. 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. 6. Proposal TJKM proposes to continue offering transportation engineering services to the City of Dublin during the City's 1995-96 Fiscal Year (FY) of July 1, 1995 to June 30, 1996. Hourlv Rates The proposed hourly rates for FY 1995-96 are indicated in Table IV. The proposed rates are three percent higher than last year to account for annual inflation growth. The proposed full rates would apply to any capital improvement project or project funded by private developers. The proposed J I Mr. Lee Thompson, PublAorks Director City of Dublin Traffic Engineering Services e Page 3 June 19, 1995 reduced rates would apply to all other traffic engineering services provided by TJKM. Reduced rates are 80 percent of the proposed rates including the signal coordination project. Insurance Requirements TJKM requires no insurance subsidy from the City of Dublin. Our errors and omission insurance limits are $1,000,000. Continued Service 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. Table I TJKM Projects (FY 1994-1995) No. Project Description 1 Dublin Signals 2 Traffic Safety Committee 3 Council Meeting 4 Safety Report 5 Annual Counts 6 Dublin Speed Survey 7 OTS Grants 8 Dougherty Rd./Sierra Ln. Signal Warrant Study 9 Speed Surveys 10 Scarlett Ct./Scarlett Dr. All-Way STOP 11 Brighton Dr./Amador Valley Rd. All-Way STOP 12 FWHA HPMS Update 13 Crossing Guard Warrants 14 Tamarack/Bristol All-Way STOP 15 Bloomington Way All-Way STOP Table II T JKM Hours by Job Classification General Traffic Engineering FY 1993-1994 FY 1994-1995 FY 1995-1996 Historical Thru April 1995 Projected Budgeted Classifica tion Hours Percent Hours Percent Hours Percent Hours Percent Principal 2.5 .8 0.0 0 0.0 0 0.0 0 Senior Associate 104.0 37 40.5 11 45.5 11 40.0 11 Associate 0.0 0 0.0 0 0.0 0 0.0 0 Senior Traffic Engineer 0.0 0 0.0 0 0.0 0 60.0 17 Transportation E/Planner 94.5 33 89.5 25 100.0 24 0.0 0 Assistant Traffic Engineer 9.0 3 149.5 42 170.0 41 180.0 51 Traffic Engineering Assistant 40.0 14 0.0 0 0.0 0 0.0 0 Technician IV 0.0 0 0.0 0 0.0 0 0.0 0 Technician III 0.0 0 0.0 0 0.0 0 0.0 0 Technician II 0.0 0 0.0 0 0.0 0 0.0 0 Technician I 1.0 .2 0.0 0 0.0 0 0.0 0 Graphics Designer 13.5 5 83.5 22 94.0 22 60.0 17 Drafter 5.5 2 0.0 0 0.0 0 0.0 0 Word Processing Supervisor 5.0 2 4.0 0 5.0 1 5.0 1 SecretariaVWord Processing 7.5 3 3.0 0 4.0 1 5.0 1 Total 282.5 100 370.0 100 418.5 100 350.0 100 IVP In.coNAI5 e e , Mr. Lee Thompson, Pub"orks Director City of Dublin Traffic Engineering Services e Page 5 June 19. 1995 Table ill TJKM Billings by Project Type FY 1994-95 Thru April FY 1995-96 Project Type FY 1993-94 1995 Projected (Budgeted) General Traffic Engineering $22,762 $28,381 $32,000 $25,500 Private Development 481 0 0 0 Review Capital Projects Total 445 20,342 20,342 17,200 - Citywide Signal Timing -- -- IS ,200 -Traffic Impact Fee 4,977 4,977 2,000 - Dublin Blvd. Widening 15,365 15,365 Total $23,688 $48,723 $52,342 $42,700 . Mr. Lee Thompson, Pub.orks Director City of Dublin Traffic Engineering Services e Page 6 June 19. 1995 Table IV TJKM Hourly Rate Schedule Current Proposed 94-95 95-96 Standard" Reduced Standardb Reducedc Principal $140 $112 $144 $115 Principal Associate 120 96 124 99 Senior Associate 110 88 113 91 Associate 105 84 108 87 Senior Traffic Engineer 100 80 103 82 Sr. Transportation FJPlanner 100 80 103 82 Traffic Engineer 90 72 93 74 Transportation FJPlanner 90 72 93 74 Assistant Traffic Engineer 80 64 82 66 Traffic Engineering Assistant 65 52 67 54 Technician IV 52 42 54 43 Technician III 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 Secretarial/W ord Processing 46 37 47 38 Computer/ 30 30 31 31 Production Specialist Expert witness charges available on request. . CulTent TJKM rates in the City of Dublin, effective February I, 1994. b 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. e e EXHIBIT "A" OF RESOLUTION 54-94 AMEl\TDMENT TO AGREEMENT BET\VEEN CITY OF DUBLIN AND TJKJ\.f TRANSPORTATION CONSULTAi~TS FOR TRAFFIC ENGINEERING SERVICES \VHEREAS, 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 \VHEREAS, on June 1, 1993, the City Council approved an extension of the term of Agreement to June 30, 1995; and \VHEREAS, an adjustment of fees for services rendered has been requested for the 1994-95 Fiscal Year; NO\V, THEREFORE, the parties hereto agree as follows: Adiustment of Charge Rates CONSULTANT's charge rates shall be as shown on the Schedule of Fees attached as Amendment Exhibit" 1. " CITY OF DUBLIN 4~ A TrEST: ~rJ(~d- TJKM TRANSPORTATION CONSULTANTS ~ P. V~ Principal Date: ,,, b"~~ a: (conzraclS) Irjkm lamndmenr EXHfB~T ~. 1J -- -- Cu.xv-e-At- :=rf~ ~ ~ eENDMENT EXHIBIT e T JKlyl Hourly Rate Schedule Princi pal Principal Associate Senior Associate Associate Senior Traffic EngineerfTrans. EngineerlPlanner Traffic Engineeirrrans. EngineerlPlanner Assistant Traffic EngineerfTrans. EngineerlPlanner Traffic Engineering Assis--WDt Technician TV Technician III Technician II Technician I Graphics Designer Designer Drafter Word Processing Supervisor Word Processor ~uction Specialist Current Proposed ( Sl12 ,----"' r.:= I 57-CON.94 :' , S103 94 86 ""- 96 88 84 , 80 82 77 72 ~? J_ 64 64 52 52 42 42 36 36 30 30 16 52 16 52 44 44 39 39 37 30 ~o :J~ 39 37 30 e e STANDARD CONSULTING ENGINEERING SERVICES AGREEHENT TlIIS AGREEMENT is made at Dublin, California, as of July 1, 1992, by and b,etween the CITY OF DUBLIN, a Hunicipal 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 termi~ation. 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 be 10\... . 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. PAY1.lENT. City shall pay Consultant for services rendered pursunnt 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 Agrecment. 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 PROVTSTONS. The [:cnernl provisions set forth in Exhibit D are part of this Agreement. In the event of <lny inconsistency between said general provisions and any O~ler terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 6. EXIHBITS. All exhi.bits referred to herein are attached hereto and are by this reference incorporated herein. 7. mmERSHIP 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 pa"ge 1 e e be consldererl the property of the City of Dublin, and upon reCJuest at the completion of the services to be performed, they \"ill be turned over to the Ci ty of Dublin. n. COLLECTION OF FEES. All fees to be collected from any private developer, engineer, or architect in connection with the cilrrying out of the functions set forth above, if collected by Consultant shilll 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. SUnCONTRACTING. The Consul t.:lI1t shall per form the work contemp),ated with resources availal)le within its own organization and no portion of the work pertinent to this contrilct shall he suhcontrnctec1 \"ithout written authorization by the City, except tho t \"hlch is expressly Identified in the Consultant's proposal. 10. CIlANGES. 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 ~he amoullt of Consultant's compensation which are mutually agreed upon by City and Consultnnt, shall be effective as nmendments to this Agreement only when in writing. 11. RESPONSIBLE CI1Mtc";E. Consult:nnt shnll il5Si!;n a project mnnnr,er(s) to the project for the durntion of t:he pl~o.iect. There 5hn1.l be no clwn!;c 111 thc proJcct Hnnnr,cr or mClllhe1.'s o[ LJll: proJcct U:illll \"J LllOUt: pr101: 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 Administrntor or his desir,nee. 13. NOTICES. Any written notice to Consultant shall be sent to: TJKH Transportation Consultants ~637 Chabot Drive Suite 214 Plensnnton CA 94588 Any written notice to City !;hilll be !;cnl: to: Lee S. Thompson Director of Public Horks/City Engineer P. O. Box 23/,0 Dublin, CA 91,568 Agreement with TJKl-i Transportation Consultants July 1, 1992 Pag,e 2 e e Executed as of the day first above stated: CITY OF DUBqlN, A Hunicip'~J! Corpora BY~vJ . "Ci ty" ~~_k TJKH THANSPORTATION CONSULTANTS tJw; 0, ((~ Chris D. Kinzel By Approved as to form: .\, (. i. . .: . ( . i. .~ .' \ ,{ '. City Attorney Agreement with TJKM Transportation Consultants J~ly 1, 1992 Page 3 e e 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 Consultnnt of any of the fo110\"ing duties: A. Mlministrntive Duties 1. Perform the statutory responsibilities of City Traffic Engineer. 2. Analyze the City's traffic engineering needs and recommend programs to the City Hanager consistent \"it11 the economic capabilities of the City. 3. Attend meetings with City Staff, puhlic 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 nnd lnnd development projects \"hich are not only located within the City, but nlso located outside the City nnd \,hich may have a trnffic impnct 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. G. 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. n. Provlde speci,nl cnljlnccl:inlj reports ,15 to sHch rel nted traffic studies. 9. Give direction to nnd 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 e e n. Development Rcvic\v Out:'ic!'i 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 authori.zati.on by City, prepare plans and specifications for traffic-relateJ Capital Improvement Projects. It is understooJ that Consultant lIlay provide design services [or traffic related Capital Improvement Projects. lIowever, City reserves the rir,ht to bid any project or bring in specialists when deemed necessary by City or Consultant. A Capital Improvement ~s defined as any project in \o.'hich 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 E~hibit A Page 2 of 2 e - EXHIBIT n PATIIENT SCHEDULE Consultant shall be compensated for work as fo],lows: 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 8-1. Cnpitnl improvement de5i~n work, which i.s 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 c1nte provic1in[j, in City's estimntion, thnt snit! invoices nre 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 e - 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 infoJ~mation in possession of City. The location, C']uantity, 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 e e EXIII B IT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and s11all 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: PERl-1TTS: ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of wllatsoever nature which arc legally required for Consultant to practice his profession. Consultant represents and \v,n-rants 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. TUlE. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonal11y 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 dmnnges to property \vhich 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 nunilier GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 01,01, covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Linbili ty coverage ("occurrence" form CG 000l). (?) Tnsurl1ncC\ Servlccs Office forl1l 11\IIII1Ier CA 0001 (Eel. 1./78) covedn~ Automobile Linbility, code 1 "any auto" and endorsement CA 0025. (3) \.]orker's Compensati.on insurance as required by the Labor Code of the State of Callfornin nncl Employers Liahility Insurance. B. ~1inimum Limi.ts of Insurnnce. Consultant shall maintain limits no less than: (1) Genernl 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 I, 1992 e e general aggregate limit shall apply general aggregate limi t. limit is used, eil-hel" Lhe general nggregnte separately to this project/location or the limit shall be twice the required occurrence (2) Automobile Liability: $500,000 combined single limit per accident for bodily injury nnd $100,000 for property dnmnge. (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. Deductib1es 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. (0) 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 operatio~s 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 sholl not contribute with it. (c) Any failure to comply wi,th reportlng provIsions of the policies shall not nffect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Consultant's insurnnce 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 liabili ty. Exhibit D Page ,2 of 5 July 1; 1992 e -- (2) \~orker I s Compensation nnd Employers 1.il1bili ty Covernge. 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. (~) All Cover.ages. 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 \.;ith insurers with a Bests' rating of no less than A:VIII. F. Verification of Coverape. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. TIle 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 \.;riting, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultnnt shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. (j. ASSTGN!,lENT PR01ITrnTF.D. No party to this A/jreement may llssi/jn nny right or obligation pursuant to this Agreement. Any attemptell 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 L, 1992 . e e 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 removnl of such person or persons. 8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner nnd according to the standards observed by a competent practitioner of the profession in wllich 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 slilistantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 9. IIOLD 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 s~)-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 1:old harmless the City, its officers, officials, directors, employees and ~gents 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 ~ 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 REGUl~TTONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with nll applicable r.ules and regulations to \.,rhich 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 \.,rritten 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 L~ of 5 July 1, 1992 e e patent, in whole or in port, nny stlch reports, studies, elntn, statistics, forms or other materials or properties produced under this Agreement. 12. COHPLIANCE \HTH APPLICARLE U\JS. In performing the services to be provided pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws nnd regulations, including, but not limited to, lnws and regulations relating to discrimination and laws req\liring injury and illness prevention programs. a: (contracts) \ tjkm\agrement Exhibi t D Page' 5 of 5 July I, 1992 , . e e RESOLUTION NO. -95 A RESOLUTION OF THE CITY COUNCIL OF THE 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, 1993, to extend the term of Agreement until June 30, 1995; and WHEREAS, a further extension to June 30, 1997 is recommended; and WHEREAS, TJKM has requested an adjustment in 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 _st day of June, 1995. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk g: Icontract\tjkm\amndreso _~""'f: ~!O. ~'.... ~ .'" ;<\ r'ti ' -i t 1'-:: S ... i' ~.,.... r. _ --.--~ 1<esolu.--ho-n ~ ?YlJfDkd ~ . ,. e e EXHmIT "A" OF RESOLUTION -95 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT") entered into an agreement on June 9, 1992, to provide traffic engineering services to CITY: and WHEREAS, 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 Y ear~ NOW, THEREFORE, the parties hereto agree as follows: Adiustment of Charge Rates CONSULT ANT's charge rates shall be as shown on the Schedule of Fees attached as Amendment Exhibit "I." Extension of Agreement The term of the agreement shall be extended for a two-year period, terminating June 30, 1997. CITY OF DUBLIN Mayor ATTEST: City Clerk TJKM TRANSPORTATION CONSULTANTS Principal Date: g: \contractlt.fkm lamendment J""Vl.'tt5\1~" A ~^t1~t.<~ ~ ct t<e?ot:fu-'-'- (e (e Mr. Lee Thompson, Public Works Director City of Dublin Traffic Engineering Services Page 6 March 7, 1995 Table IV TJKlVI Hourly Rate Schedule Current Proposed 94-95 95-96 Standarda Reduced Standardb Reducedc Principal $140 $112 $144 $115 Principal Associate 120 96 124 99 Senior Associate 110 88 113 91 Associate 105 84 108 87 Senior Traffic Engineer 100 80 103 82 Sr. Transportation EJPlanner 100 80 103 82 Traffic Engineer 90 72 93 74 Transportation ElPlanner 90 72 93 74 Assistant Traffic Engineer 80 64 82 66 Traffic Engineering Assistant 65 52 67 54 Technician IV 52 42 54 43 Technician III 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 SecretariaVW ord Processing 46 37 47 38 - Computer/ 30 30 31 31 Production Specialist Expert witness charges available on request. . Current TJKM rates in the City of Dublin, elTective February 1, 1994. b These rates shall apply for capital improvement design work and private development review as indicated in the master agreement. c These rates are 80 pcrrent ofTJKM standard rates, and shall apply to general traffic engineering services, excluding capital improvement design and development review. rbm 157.cON.95 EXH5srr _..J:-----.~ 6bA~ . T JKM COST COMPARISON 1994-95 Hours Projected Current Proposed Pet. Employee Classification Through April Hours (80%) Rate Total Cost (80% Rate) Total Cost Increase Principal 0 0 $ 112.00 $ - $ 115.00 $ - Principal Assoc. 0 0 $ 96.00 $ - $ 99.00 $ - Sr. Associate 40.5 45.5 $ 88.00 $ 4,004.00 $ 91.00 $ 4,140.50 3% Associate 0 0 $ 84.00 $ - $ 87,00 $ - Sr. Engineer/Planner 0 0 $ 80.00 $ - $ 82.00 $ - Engineer/Planner 89.5 100 $ 72.00 $ 7,200.00 $ 74.00 $ 7,400.00 3% Asst. Engr./Plnr. 149.5 170 $ 64.00 $ 10,880.00 $ 66.00 $11,220.00 3% Engr. Asst. 0 0 $ 52.00 $ - $ 54.00 $ - Tech IV 0 0 $ 42.00 $ - $ 43.00 $ - Tech III 0 0 $ 36.00 $ - $ 37.00 $ - Tech II 0 0 $ 30.00 $ - $ 31.00 $ - Tech I 0 0 $ 16.00 $ - $ 16.00 $ - Graphics Designer 83.5 94 $ 52.00 $ 4,888.00 $ 54.00 $ 5,076.00 4% Designer 0 0 $ 44.00 $ - $ 45.00 $ - Drafter 0 0 $ 39.00 $ - $ 40.00 $ - WP Spvsr. 4 5 $ 39.00 $ 195.00 $ 40.00 $ 200.00 3% Word Process 3 4 $ 37.00 $ 148.00 $ 38.00 $ 152.00 3% Production Spec. 0 0 $ 30.00 $ - $ 31.00 $ - Outside Services/Reimb. $ 4,222.60 n/a n/a $ 5,000.00 n/a $ 5,000.00 Total: 370 418.5 $ 32,315.00 $33,188.50 3% Above figures do not include the 1994-95 Traffic Impact Fee or Air Qualitv studies or the 1995-96 siena I timing study. e e EXHIBIT_---A: f{~ Bb ~~ If\.~$~