HomeMy WebLinkAboutItem 4.03 AmendAgmtTJKM (2)
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CITY CLERK
File # D~[Q][Q]-r3l[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 25,1996
SUBJECT:
EXHIBITS ATTACHED:'
Amendment to Agreement with TJKM for Traffic Engineering
Services (Adjustment of Rates)
Report Prepared by: Lee S. Thompson, Public Works Director
1). Resolution
2) Proposed Amendment, including new rate schedule
3) Current agreement and most recent amendment
4) Comparison of current and proposed rates
RECOMMENDATION: ~"v<> Adopt resolution approving amendment to agreement
FINANCIAL STATEMENT:
The proposed rate adjustment would increase the overall fees by
approximately 0.8% based on the assumption of the same
proportional hours spent by the various classes of employees as were
spent for the first nine months of 1995.96.
DESCRIPTION: , TJKM Transportation Consultants has provided traffic engineering
services to the City since 1983,. first as a subcontractor to Santina and Thompson, and then as a direct
contract beginning in 1985. Tbe current agreement with TJKM expires at the end of the 1996.97 fiscal
year. The terms of the a~ement provide that TJKM may submit a rate adjustment request for City
Council approval on an annual basis.
TJKM's previous rate schedules have provided for a reduced rate that is 80% of their standard charge rate.
The revised rate schedule provides for a 15% reduction rather than 20%. According to TJKM staff, their
new rate schedule is more in conformance with the rate schedules provided to other clients. The proposed
rate schedule provides for rate increases for senior staff positions and rate decreases for the more junior
positions. The net effect of the request for both the change in rates and the change in the discount rates
combined is an 0.8% increase, based on projecting staffhours from 1995-96 (see Exhibit 4). The
percentage of increase indicated applies to the weighted average rates that would be charged to the Cit},
not the standard rates. .
Since the Consumer Price Index percentage of increase is estimated to be about 2%, Staff feels that this
rate adjustment is reasonable. Staff recommends that the City Council adopt the resolution approving the
amendment to the agreement with TJKM.
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COPIES TO: TJKM
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ITEM NO.
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RESOLUTION NO. . 96
A RESOLUTION OF THE CTIY COUNCIL
OF THE CTIY OF DUBLIN
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APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES
WITH TJKM TRANSPORTATION CONSULTANTS
WHEREAS, the City Council ofthe City of Dublin approved an agreement for engineering services
with TJKM Transportation Consultants on June 9, 1992; and
WHEREAS, said Agreement was amended on to extend the term of Agreement until June 30,
1997; 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 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 25th day of June, 1996.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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EXHIBIT "A" OF RESOLUTION -96
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS
FOR TRAmC ENGINEERING SERVICES
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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 tenn of said agreement was amended to extend to June 30, 1997; and
WHEREAS, an adjustment of fees for services rendered has been requested for the 1996-
97 Fiscal Year;
NOW, 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
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Mayor
ATTEST:
City Clerk
TJKM TRANSPORTATION CONSULTANTS
Principal
Date:
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EXHIBIT 1
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City of Dublin Engineering Contract
TJKM Hourly Rate Schedule
Proposed FY 96/97 Rates
Standard Reduced 15%
Current Rates
Standard Reduced
Principal
160
136
144
115
Senior Engln&el'S
Sr. Traffic Engineer
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77
103
82
Sr. Transportation Eng/Planner
90
77
103
82
Asst. Traffic Engineer
70
60
82
66
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Produetion staff
Word Proeessing Supervisor
35
30
49
40
SecfWord Processing
35
30
47
38
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EXHIBIT "A" OF RESOLUTION M-95
AME!\DMEl\T TO AGREEMENT
BET\VEEN CITI' OF DUBLIN AND TJKM TRl\NSPORTATION CONSULTANTS
FOR TRl\FFIC ENGINEERING SERVICES
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\\'HEREAS, 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, 1 992, to provide traffic engineering services to CITY: and
\VHEREAS, the term of said agreement was amended to e>..1end to June 30, 1995; and
\\'HEREAS, an additional two-year extension is recommended; and
\\'HEREAS, an adjustment of fees for services rendered has been requested for the 1995-
96 Fiscal Year;
NOW, THEREFORE, the parties hereto agree as follows:
Adjustment of Charge Rates
CONSULT A.NT's charge rates shall be as shown on the Schedule of Fees attached as .Amendment Exhibit
II 1. tI
Extension of Agreement
The term of the agreement shall be e>..1ended for a two-year period, terminating June 30, 1997.
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CITY OF DUBLIN
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ATTEST:
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TJKM TR.tv~SPORTATION CONSULT.ANTS
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Date: 1-7-'\ (
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Mr. Lee Tnompson, Public Works Director
Cit)' of Dublin Traffic Enpncering Services
PJgc 6
M:lfch 7. 1995
Table IV
TJIal Hourly Rate Schedule
Current Proposed
94.95 95-96
Standard. Reduced Standardb Reducedc
Principal $140 $112 $144 $115
Principal .~sociate 120 96 124 99
Senior Associate 110 88 113 91
A.ssociate 105 84 108 87
Senior Traffic Engineer 100 80 103 82
Sr. Transportation E/Planner 100 SO 103 82
Traffic Engineer 90 72 93 74
Transportation E.IPlanner 90 72 93 74
.~sistant Traffic Engineer 80 64 82 66
Traffic Engineering Assistant 65 -') 67 54
0_
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
SecretariallW ord Processing 46 37 47 38
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Compu ter! 30 30 31 31
Production Specialist
E:qxrt witness charges c-uailablc Dr. reqU(:st.
. CuTT'CDt T JKM rat.es in the City or Dublin, cITeetive February 1, 1994.
~ Tncse nlt.es shall .e.ppl)' for capit.al improvement desigD wOrX and pnvat.e development Tt'vif'w as indieat.ed in
tile mest.er asrcemcnL
< Tnc9C rates a~ 80 pct=nt orTJEM st.aodw-d rates, and shall apply t.c general traffi:: engineering sen-lce&.,
excluding apital improvement dcsigDllnd developrocnt ",'-le"".
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEHENT
Tms AGREEMENT is made at Dublin, California, as of July 1, 1992,
by and b,etween the CITY OF DUBLIN, a Municipal Corporation ("City"), and TJKM
Transportation Consultants, ("Consultant"), who agree as follows:
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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. PAYHENT. 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 sel~ices 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 EOUIPMENT. 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 PROVISTONS. The r;enenll provisions set forth in
Exhibit D are part of this Agreement. In the event of I'my inconsistency
between said general provisions and any other terllls or conditions of this
Agreement, the other term or condition shall control i.nsofar as it is
inconsistent with the general provisions.
6. EXHIBITS. All exhibits referred to herein are attached hereto
and are by this reference incorpol-a ted here in.
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
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be consj,deH~d the property of tlle City of Dul)} in, and upon reC"}uest at t11e
completion of the services to be performed, they \-,ill be turned over to tI,e
City of Dublin.
fl, COLLECTION OF FEES. All fces 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 collectJ,on of fees, the amount
of such fees to be collected.
9. SUBCONTRACTING. The Consultant shall perfoJ:m the wOJ:k
contemplated \l7ith resources available \'11th1n its own oJ:gnnization and no
pon:ion or the work pertinent to this cont.:ro1ct shilll he subcontract(~c1 without
written authoriza tion hy the Ci ty, except t.:ha t whicll is expJ:essly j(lentified
in the Consultant's proposal.
10. CHANGES. City may fJ:om 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
whicl, are mutually agreed upon by City and Consultant, shall be effective as
amendments to this Agreement only when in writing.
11. RESPONSIBLE CJ1ARGE. Consultilnt shall 8ssign a project
mllnnger(s) to the project for the duration of the pl~o.ie(";t. There shall be no
clwnge :I.n the projoct Mnnnger Ol~ 1II0Illhc1::; of tlw project; l:l~illll \.:j 1.11OUt pdor
written approval by the City.
12. CONTRACT ADMINISTRATION. This Agreement shall be
admlnistered 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
Plensanton CA 9458B
Any written notice to Ci.ty !:ho111 he !;cnl: to:
Lee S. Thompson
Director of p~)lic Works/City Engineer
P. O. Box 23/10
Dublin, C^ 9/1568
Agreement with TJKH Transportation Consultants
July 1, 1992
Page 2
Executed as of the day first above stated:
CITY OF DUB!:lIN,
A Hun~i-r-~Y Corpora
BY~N.
"City"
Attest: .q:O.r{1( i'. c-12
i ty; Clerk.....
TJKH THANSPORTATION CONSULTANTS
By
.~D.~~nz~~~
Approved as to form:
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City Attorney
Agreement with TJKM Transportation Consultants
J':lly 1, 1992
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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. Arlministrative Duties
1. Perform the statutory responsibilities of City Traffic
Engineer.
2. Analyze the City's traffic engineering needs and recommend
programs to the City 11anager 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.
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At the discretion of the City. review and comment on
planning programs and land development proj ects ,,,hich are
not only located within tbe City, but also located outside
the City and ,,,hich m<lY have <I traffic impact on the City.
5. Advise the City Manager as to engineering and construction
financing available from other governmental agencies and
when so directed, prepare and initiate application for such
funding. '
6. Recommend ordinances and regulations pertaining to traffic
engineering matters.
7. Establish working relationships and coordination with other
public agencies and private utilities involving traffic
engineering matters affecting the City.
n. provi.de speci.al cnr;"lnecrinr; l:eports [IS to such 1:c1ated
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
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)lcve]OT'l1ncnt Revi ew Dut'i l".<;
1, Review proposed developments and make recolnmendations
pertaining to traffic engineering considerations.
2. Review traffic engineering aspects of planning applications.
C. Canital Projects
Assist the City Manager in the development of a Capital
Improvement prog'rarn that relates to traffic matters.
Upon specific and separate authorization by City, prepare plans
nnd specificntions for traffic-related Capital Improvement
proj ects. I t is understoou tha t Consul tnnt may jn-ovide design
services for traffic related Cnpicnl Improvement Projects.
llowever, City reserves the richt 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. Desi~nation as Cttv 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
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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~l.
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-l.
Cnpitnl improvement design work, which is hil]ed on B 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.
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City shall pay Consultant's invoices no later than 30 days from the billing
c1nte providing, in City's estimntion, thnt said invoices nre cOr1~ect and
sufficient backup is attached. City shall advise Consultant within 30 days of
the billing date if said invoices are deemed incorrect.
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E?(hibit B
Page 1 of 1
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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
nnd the informntion in possession of City. The locntioli, Cjuantity, and time
of furnishing said physical facilities shall be in the sole discretion of
City. In no event shall City be obliGRted to furnish any facility which may
involve incurring Bny direct expense, including, but not limiting the
generality of this exclusion, long-distance telephone or other communication
charges, vehicles, and reproduction facilities.
Exhibit C
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EXHIBIT D
GENERAL prOVJSJONS
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 \"8rrants 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 whi.ch 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 0110/, covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General
Liability coverage ("occurrence" form CG 0001).
(7) Insun1l1C~ Services Offir.c fOflll nlllllhor CA 0001 (Eel. 1/78) coverlnr;
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensati.on insurance as required by the Labor Code of
the State of California <1no Employers LUlbJli ty Insurance.
B. l-li,nimum Limi. ts of Insurance. Consultant shall mai.ntain limi ts 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 useel, either the: general ilggregate
limit shall apply separately to this project/location or the
general ag!;regate limit shall be twice the required occurrence
limi t .
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(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, ,,!ther 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. Othel- Insurance Provisions. The policies are to contain, or be endorsed
to contain, the following provisions:
(1) General Liability and Automobile Liability Coverages.
(a)
(b)
(c)
(d)
Exhibit D
Page'2 of 5
July 1; 1992
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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.
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.
A11Y failure to comply wi. tll repordng provisions of the
policies shall not affect coverage provided to the City, its
officers, officials, employees or volunteers.
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 .
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(2)
Worl<er I S Compensation nnd Employers 1.ii'lhi1i ty 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.
(h) All Govcrnges.
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 behs1.f of City in any
capacity whatsoever as an agent. Consu1.tant she1.1 have no authority, express
or implied, pursuant to this Agreement to bind City to any ob1.igation
whatsoever.
G. ASSTGNHENT PROmnTTED. No pnrty to this Agreement may assign nny right or
obligation pUl:suant to this Agreement. Any attempteu or purported assignment
of any right or ob1.igation pursuant to tbis Agreement shall be void ond of no
effect.
7.
PERSONNEL. Consu1.tant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its so1.e
Exhibit D
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July 1", 1992
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discretion, at any time during the "Cerm of this Agreement, desires the removal
of any such persons, Consultant shall, immediately upon receiving notice from
Ci.ty of such desire of Ci.ty, cause the removnl of such person or persons.
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8.
STANDARD OF PERFORMANCE. Consultant shall perform all services required
pursunnt 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 }cind, 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. Dy execution of this Agreemen ':::
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 whi,ch 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
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patent, in whole or in pnrt, flny such reports, studies, dDto, 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 nnd 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 I, 1992
T JKM COST COMPARISON
Based on 9 Months Proposed .
Personnel Distribution Modified
Personnel Rates
1995-96 Hours Current Rates at 85% Pet.
Employee Classification Through Mar. (80%) Rate Total Cost Posted Rates Total Cost Increase
Principal 9 $ 115.00 $ 1,035.00 $ 136.00 $ 1,224.00 18.00%
Principal Assoc. 0 $ 99.00 $ - $ 102.00 $ -
Sr. Associate 122.5 $ 91.00 $ 11,147.50 $ 102,00 $12,495.00 12.09%
Associate 0 $ 87.00 $ - $ 102.00 $ -
Sr. Engineer/Planner 53 $ 82.00 $ 4,346.00 $ 77.00 $ 4,081.00
Engineer/Planner 15 $ 74.00 $ 1,110.00 $ 68.00 $ 1,020.00 -8.11 %
Asst. Engr.lPlnr. 131.5 $ 66.00 $ 8,679.00 $ 60.00 $ 7,890.00 -9.09%
Engr. Asst. 0 $ 54.00 $ - $ 51.00 '$ -
Tech IV 0 $ 43.00 $ - $ 48.00 $ -
Tech III 0 $ 37.00 $ - $ 48.00 $ -
Tech II 0 $ 31.00 $ - $ 48.00 $ -
Tech I 0 $ 16.00 $ - $ 48.00 $ -
Graphics Designer 23.5 $ 54.00 $ 1,269.00 $ 51.00 $ 1,198.50 -5.56%
Designer o $ 45.00 $ - $ 51.00 $ -
Drafter o $ 40.00 $ - $ 51.00 $ -
WP Spvsr. 5 $ 40.00 $ 200.00 $ 30.00 $ 150.00 -25.00%
Word Process 6 $ 38.00 $ 228.00 $ 30.00 $ 180.00 -21.05%
Production Spec. o $ 31.00 $ - $ 30.00 $ -
Outside Services/Reimb. $1,526,89 n/a $ 1,526.89 n/a $ 1,526,89 .:
Total: 365.5 $ 29,541.39 $29,765.39 0.76%
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