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HomeMy WebLinkAboutItem 4.10 AmendOmni-MeansAgmt (2) CITY CLERK File # D~m-~r2 . AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 19,1998 SUBJECT: Amendment to Agreement with Ornni-Means for Traffic Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) 3) Current Agreement Letter from Ornni-Means Resolution and Proposed Amendment RECOMMENDATION: flA/ Adopt resolution approving amendment to agreement and authorize \. Mayor to execute amendment. . FINANCIAL STATEMENT: Under this agreement, Ornni-Means provides general traffic engineering services to the City based on the adopted rate schedule. Types of services performed would typically be plan checking or traffic studies associated with development projects. The cost of the service would be budgeted in the Engineering Operating Budget, and the cost charged to developers. The proposed fee schedule has increased by $5.00 per hour at the top end of two rate categories only, that of surveyor (from $75.00 to $80.00) and technician (from $65.00 to $70.00). Neither of these categories has been utilized for the City's contract. The letter received from Ornni-Means (Exhibit 2) states that the rate charged for the technician category would be at the lower end of the rate scale, which has not changed. In addition, the rate for Walnut Creek Branch Manager was added to the rate schedule. This rate is currently $135.00 per hour and has not changed. All ofthe work hours utilized in the current fiscal year were at the Branch Manager rate of $13 5.00 per hour. DESCRll'TION: In May of 1997, the City Council approved agreements with a number of consultants that could be utilized on an ongoing basis for geotechnical, traffic engineering, or civil engineering functions. Many of these agreements will expire in May or June of 1998 and need to be amended if the City is going to continue to utilize the services. The agreement with Omni-Means eh'Pires on June 11th. It is recommended that the dates of these agreements coincide with the end of the fiscal year in the future, and the proposed amendment reflects an expiration date of June 30, 1999. This year, Om-Means has provided transportation studies for development in the Santa Rita area and is now perfonning peer review services on the PeopleSoft project. This work to date was provided by the branch manager-level position at a rate of $135.00 per hour. This rate will not change for the upcoming fiscal year. . ---~--~---~--~-----~------~--~~-------------~----~--~--~----------- COPIES TO: George Nickelson ITEMNO.~ g; \engr\omni\agstamn d Staff would typically obtain a not-to-exceed proposal from Omni-Means for each specific traffic study o. project. The cost of the private development review work is paid by developers. . The work provided to date by Omni-Means has been satisfactory, professional, and competitive, and Staff recorrunends that the City Council approve the amendment to the agreement. . . Page 2 / q) /~ . STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as ofUtt./IIE II , 1996, by and etween the CITY OF DUBLIN, a municipal corporation ("City"), and Ol'v1NI-MEANS ("Consultant"), :ho agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, ~onsultant shall provide to City the services described in Exhibit A. Consultant shall provide said ~rvices at the time, place, and in the m~mer specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this '.greement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall e the only payments to be made to Consultant for services rendered pursuant to this Agreement. . onsultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no , ',anner be specified in Exhibit B, then according to the usual and customary procedures and practices hich Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT.' Except as set forth in Exhibit C, Consultant shall, at '; sole cost and expense, furnish all facilities and equipment which may be required for furnishing ':vices pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment ,led in Exhibit C according to the terms and conditions set forth in Exhibit C. . 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of is Agreement. In the event of any inconsistency between said general provisions and any other terms or ,nditions of this Agreement, the other termor condition shall control insofar as it is inconsistent with the 'neral provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference :;orporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with 30urces available within its own organization and no portion of the work pertinent to this contract shall "- subcontracted without written authorization by the City, except that which is expressly identified in e Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the rvices by Consultant to be performed under this Agreement. Such changes, including any change in the :1ount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be fective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the 'oject for the duration of the project. There shall be no change in the Project Manager or members of the oject team without prior written approval by the City. The Project Manager for Consultant shall be 30RGE W.l'\1ICKELSON. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. :1:0MPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or :s or designee. . "-..tfHI-.....~~ I "t:::AEljt ~ lI""~ . f!Teement age 1 of2 .6/04/96 :l ecf / L( J O. NOTICES. Any written notice to Consultant shall be sent to: Any written notice to City shall be sent to: Lee S. Thompson Director ofPubIic Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: AttestdwJ:1( scL ~CU1ty Clerk'-- CITY OF DUBLIN, a municipal corporation By ~Ln_.{;LC - kJ--- "Cit:r By. ij~~CJJ . " onsultant" f1z-LXU - tJMtJJ' pJ e:M!. / Lnr. Approved as to form: tfftdd- tV. ~~ City Attorney Asrreement Page 2 of2 05/06/96 . . . . . . 3 oj/ /f EXHIBIT A SCOPE OF SERVICES AND SCHEDULE To provide traffic studies, peer review and other traffic related services for private development projects. The scope of studies will be detailed as specific projects are proposed to the City. The consultant shall provide the City with a not-to-exceed fee for each study, peer review, and/or other traffic related review. Exhibit A Page 1 of 1 EXHIBIT B PAYMENT SCHEDULE 74/( . City shall pay Consultant an amount not to exceed the total sum of SEVENTY THOUSAND DOLLARS ($70,000) PER YEAR for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end ofproject based on the cost for services perfomled on a time and expenses bases. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, fw1her or additional service pursuant to this Agreement unless such e>>.1Ta service and the price therefor is agreed to in 'Writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such e>>.1Ta service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price. -The services to be provided lUlder this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such docwnents and other materials to the effective date of . such termination. In that event, all fInished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. . Exhibit B Page 1 of 1 05/06/96 OM!\YI-MEANS, Ltd. E!\GE\EERS & PLA~NERS 5 y /1/ j . FEE SCHEDULE FOR E~GIN'EERING SERVICES PROFESSIONA L STAFF RATES Project 1v1:mager 1.4 $ 75.00 to $ 105.00/hoUI En gin ef-'J 1-5 $ 50.00 to S lOD.DO/hour Traffic Engineer 1-5 S 60.00 to $ 90.00/hoUI Traffic Observer 1.2 $ 15.00 to $ 20.00/hour Planner 1-4 S 45.00 to S 85.00/hour Party Chief S 55.00 to $ 65.00/hour Surveyor 1-4 S 40.00 to S 75.00/hour Designer 1-2 $ 60.00 tD $ BO.OO/hour Technician 1-4 $ 30.00 to S 65.00/hour Clerical 1-3 $ 25.00 to $ 45.00/hc'ur Market Coordinator S 30.00 to S 50.00/hour 2-Person Survey Crew S 95.00 to $ 130.00/hour 3-Person Sur\'ey Crew $ 135.00 to S 20D.OO/hour . RFIMBUR c:; A..BLES Reimbursables include, but are not limited to, in-house reproduction, travel subsistence, special CC1nsultants. outside purchases and ser\'ices, and other subcontracts. These are charged at 1.20 x. cost. BILl TJ"G RA TIS Billing Tates indude overhead, equipment, space rental, etc. Billing "ates are subject to mcreases due to union agreements and salary increases. Principal's time on projects is chargeable up to $120.00 per hour. A late payment fD\J.~CE CH..tillGE ",,'m be computed at the periodic rate of 1.5% per month ",..hich is an A).,iNUAL PERCENTAGE RATE of 18<'/", and ,,,,'ill be applied to any unpaid balance commencing 30 days after the date of the original invoice. Effective May 1, 1992 . ~ ~ EXHIBIT C b ~ /'1 . 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 offumishing 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 conununication charges, vehicles, and reproduction facilities. . . Exhibit C Page 1 of 1 05/06/96 . . . 2. 3. 4. J ~ II EXHIBIT D f;ENER.\L 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. 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. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REQ1JIRRMENTS. 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 oftbe 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 ofInsurance. 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 general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (2) Exhibit D Page 1 of 4 05/06/96 ? e;f 'It( . (3) Workers Compensation and Employers Liability: 'Workers Compensation limi~ as required by the Labor Code of the State of California and Employers Liabili,., limits of$l,OOO,OOO 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 o'WIled, 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, emplOyee. 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. (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 Ii ability insurance in an amount deemed by the City to adequately 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. . Exhibit D Page 2 of 4 05/06/96 r ~ If . Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIIL E. F. Verification ofCoverar:e. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation Ofth~' surance requirements upon a determination that the coverages. scope, limits and fo f such insurance are either not commercially available or that the City's interests are 0 erwise fully protected. 5. CONSUL TANT 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. H. 6. ASSIGNMENT PROffiBITED. 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. PERSONJ\TEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement In the event that City, in its sole 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 sub consultant. 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 negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its O'WIl fraud, willful injury or violation oflaw 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 . Exhibit D Page 3 of 4 05/06/96 If) rf ij/. construction contract. By execution of this Agreement Consultant acknowledges and agrees ~ he has read and understands the provisions hereof and that this paragraph is a material e]emen~ consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 1 o. GOVERNMENTAL REGULA TIONS. 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 iIereunder 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 patent, in whole or in part, any such reports. studies, data, statistics, forms or other materials or properties produced under this Agreement. . . Exhibit D Page 4 of 4 05/06/96 . . . , II &;) If .~ omni.means E N G I r~ E !: ;? S . P LAN N E R S January 26, 1998 Mr. Lee S. Thompson Dire.::tor of Public Works City of Dublin P. O. Box 2340 Dublin, CA 94568 Subject: Contracr for Traffic Engineering Services Dear Mr. Thompson: On behalf of Omni-Means, I would like to express our interest in renewing our contract with the City for traffic engineering services. We have enjoyed our working relationship with your staff and lo..'>k fon-ard to an additional renn of services. . The current hourly rates for the individuals who would be providing services under this contract are as follows: · Technician @ $30 per hour; · Traffic Planner @ $90 per hour; and · Branch Manager @ $135 per hour. I trust that this information responds to your January 13 letter. Please call me jf you have any questions or if you wish to meet and discuss our services. Sincerely, ! .Ii' L ... <.. -- - ,., ! " / ; I r' . I' '. /' I, r (. . ) ,__ George W. Nickelson, P.E. B:-a.T)ch Manager . . ..t. l'O< ~..",\" /7 . ~~. ~. ...., i f. i--'!... ~/'"t ~h.... ' " .....0.. __, ?if,~ 7.;:- ~~-St: RWDING .::34 Re:::hti Drive Sujj~ D ~~=:::::n; 8A 96002 ,916,223-6500 WALNUT CR:EK 190 1 ('I'Imn'~ eoulevord $''; '::olnUl CreeK, CA 9~ 596 ;51 Oi 925,2230 l/OSEYILlE 3~()1 D~u.;::J~ ::,::_:.p'.'~i~ '.. ~:'!{: :::::';5eVIi~~. : :. ~"S\i~: .. .,,... r- ...".., _ - RESOLUTION NO. - 98 Ii ~';Y" A RESOLUTION OF THE CITY COUNCrr. OF THE CITY OF DUBLIN . ********* APPROVlNG AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH OMNI-MEANS WHEREAS, the City Council of the City of Dublin approved an agreement for traffic engineering services with Omni-Means, on June 11, 1997; and WHEREAS, minor changes in charge rates are proposed for this contract term; and WHEREAS, the term of the agreement is proposed to be ehiended until June 30, 1999; NOW, lBEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (extension of term) with Omni-Means, which is attached hereto as "Exhibit A" BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 19th day of May, 1998. AYES: . NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\engr\omni\resoamnd . ........P. ~~~ ~....., :!J t- f,: .WO;'., l.o<!;'r ~ ~.... ;. ~!- t! l". ~'t ~' ~~~'-. . , . . . )3 15 I{ EXHIBIT" A" OF RESOLUTION .98 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND OMNI MEANS FOR TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Ornni-Means (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional one-year period (terminating June 30, 1999); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 1998-99 Fiscal Year; i.e., until June 30, 1999. Adjustment of Rates Charge rates for utilized personnel categories during the contract term shall be as per the rate schedule dated effective December 1, 1996 attached hereto as Exhibit "A". CITY OF DUBLIN Mayor ATTEST: City Clerk OMNI-MEANS Date: EXHIBiT "Au /1/ &;{ /f . OMNJ-MEANS, Ltd. ENGINEERS & FLANNERS FEE SCHEDULE FOR ENGINEERING SERVICES PROFESSIONAL STAFF RATES Project Manager 1-4 $75.00 to $105.001hr Engineer I-S $50.00 to $lOO.OOIhr Traffic Engineer 1-5 $60.00 to $90.00/hr Traffic Observer 1-2 $15.00 to $20.00/hr Planner 1-4 $45.00 to $85.00/hr Party Chief $55.00 to $65.001hr Surveyor 1-4 $40.00 to $80.001hr - Designer 1-2 $60,00 to $80.00Ihr Technician 1-4 $30.00 to $70.00Ihr - Clerical 1-3 $25.00 to $4S.00/hr Market Coordinator $30.00 to $SO.OOIhr 2~Person Survey Crew $95.00 to $130.00/hr 3-Person Survey Crew $135.00 to $200.001hr Walnut Creek BraIlch Manager S135.001hr RETMBURSABLES . Reimbursables include, but are not limited to, in~house reproduction, travel subsistence, special consultants. outside purchases and services, and other subcontracts. These are charged at 1.20 X cost. BILLING RA. TES Billing rates include overhead, equipment, space rental, etc. Billing rates are subject to increases due to union agreements and salary increases. Principal's time on projects is chargeable up to $125.00 per hour. A late payment FINANCE CHARGE will be computed at the periodic rate of 1.5% per month which is an ANNUAL PERCENTAGE:RATE of 18%, and will be applied to any unpaid balance commencing 30 days after the date of the original invoice. Effective December 1, 1996 (FORMS I /'Et'>CH DOC) .