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HomeMy WebLinkAboutItem 4.11 TJKM Agreement (2) CITY CLERK File # I II ©11 ....... AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 1999 SUBJECT: Agreement with TJKM Transportation Consultants for Traffic Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Current Agreement and Amendments 2) Letter from TJKM dated March 11, 1999, including comparison of current and proposed rates 3) Resolution and Proposed Amendment to Agreement RECOMMEiNq)ATION: ..~('ff Adopt resolution. FINANCIAL STATEMENT: The estimmed ~egpenditures for work to be performed by TJKM Transportation Consultants for FisCal Year 1999-2000 is $80,000; The work performed by TJKM in the area of preparing private development traffic studies was paid by developers at TJKM standard rates. General engineering work, which is paid from the City's operating budget, is billed at 85% of T~.s.~4~,.r~t~.~..s_. Work on Capital Projects is paid at TJKM's standard rates. TJKM has proposed a 5.15% overall increase in rat~s for Fisca! Year 1999-2000. There has been no increase in rates for the previous two years. DESCRIPTION: The City has cOntracted with TJKM Transportation Consultants for traffic engineering services since 1983, initially as a subcontract to Santina and Thompson, and then as a direct City contract. The scope of work has primarily been in the area of preparing private development traffic studies and, to a lesser degree, Capital Project Traffic Analysis. The current agreement expired June 30, 1999. It is recommended that the agreement be extended for an add_iti0gg!.. ~t~_ ?year period, with a provision for an agreed to increase in fee rates at the er~d_of~ !.~.~9~:~~~..~ TJKM's proposed ra~e schedule reflects increases in amounts r_a, nging from 0% to 8%, depending on personnel classification. The increased rates have been applied to an analysis of hours spent by classification for Fiscal Year 1998-99 in order to dete~~.9.~.q~as .s ._._ of 1998-99 hours~ ~i~e' ~;ve~aii ~z~-~'~-~r~'~7~'~'. i 5% (see Exhibi~ A)'.' ~poi~' request by the City, TJKM performs general engineering tasks, such as preparation of routine traffic studies and attendance at the City's Traffic Safety C°~i[/fie ~¢e(ii~'~; ~s Well as private development review 0/'projects and COPIES TO: TJKM Transportation Consultants ITEM NO. 4_~ G:LEngr-contract\TJKM~agstamend99~00.doc Capital Project Traffic Analysis.' Work performed bY TJKM f6r g~eneral 'engineering tasks is billed at 85% of their standard rate. The cost of work related to private deVelopment reView is paid by developers. The work performed _by TJKM to date has been satisfactory, professional, and competitive, and Staff recommends that the City CoUncil adopt the resolution appi~oving the amendment to the agreement. Page 2 RESOLUTION NO. 88 - 97 ~ A RESOLUTION OF THE CITY COUNCm OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS FOR TRAFFIC ENGINEERING SERVICES 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 to extend the term of Agreement until June 30, 1997; and WHEREAS, an additional extension of time is proposed; and WI-{EREAS, TJKM has requested an adjustment in charge rates for the 1997-98 fiscal year; and WI-tEXAS, the City of Dublin feels that the rate and term adjustments are appropriate; NOW, THEREFORE, BE IT RESOLVED that that the City Council of the City of DubIin 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 1st day of July, 1997. AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: ATone ...<, , , / j} Mayor ATTE S T~(-~7 ' g:\contract\tjkm~resoamn d ~ /Gl7-1-9 7/resotjkm. doc ~:x~,,x,, o~so~m:~o~ f~-~ ~rrw~:~ crr~ oF n~r~ ~ T~m ~sroa~o~ co~str~.~'rs ~o~ Taxmc ~:~n,m~:an~ srmc~:s Wt~REAS, the City of Dublin (hereinafter referred to as "CITY") and TYKM 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 a~eement was amended to extend to June 30, 1997; and 5VKEREAS, an adjustment of fees for services rendered has been requested for the 1997- 98 Fiscal Year; NOW, TFrE~FO~, the parties hereto a~ee as follows: Adiustment of Charge Rates CONSULTANT's charge rates shall be as shown on the Schedule of Fees attached as .~nendment Exhibit . Term of A_~reement The term of the a~m-eement shall terminate on June 30, 1998 CITY OF DUBLIN .ATTEST: CitsKCi"eJk ~ TJY, LM Ti:L~NSPOKTATION CONSULT.aN'TS - P~cipal ' g : ~on~ctl~ ~mendmenf : EXHIBIT 1 OF AMENDMENT 1 I--~ TJI{/YI Hourly l~ate Schedule current Proposed 96-97 97-98 Standm-d' J Reduced i Standardb I' Reduced: PNnc~pa] $150 $120 $155 $132 i i~-in ~ .AssOciate 120 102 12.4 !05 ~ Se~°r .~so~ate l~0 !0~ 1~4 105 ~, .~so~ate 120 102 !!0 ~S~or Trio En~ccr 90 77 93 79 Sr. Tr~spo~on E~]~ner 90 77 93 79 Tr~ ~ c En~neer S 0 6 S 82 70 ~s~t~t Trs~c En~ea- 70 60 72 Tr~ ~ c En~ee~g .~sist~ 60 51 ~2 53 Te~n~ ~ 60 ~B 62 53 Te~~ ~. 60 4B 62 53 T~n~ ~ 60 4S 62 53 Te~ ~-~ I 60 4B 62 53 Gr~ Desirer 60 5I 62 53 De~er 60 51 62 53 Dr~¢r 60 51 62 53 ~rorfl Pro~sz~g Supe~,~sor 85 30 36 ~et~ord ~v~ss~g 35 30 36 C~mput~r/ 35 30 36 31 ~ ~r~ TJ~ ra~ ~ the ~ of ~,bHn. eKe:Sve June ~0, !99~. : ~ne~e ra~ a~ ~ ~t ofT~ s~ ~s, ~d ~ apply t~ ~1 STANDARD CONSULTINg ENGiNEERIN~ SERVICES AGREEMENT THIS ACREEMENT is made at Dublin, California/ as of July 1, 1992, by and b. etwean the CITY OF DUBLIN, a Municipal Corporation ("City"), and TJ}2M 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 se~igms of the Consultant by providing Consultant with 30 days' written notice. In the event of such te~ination, Consultant shall be compensated for such semites up =o the point of termination~ Such compensation for work in progress would be prorated as to the percentage of progress completed au the date of te~.ination. If Consultant terminates its services to City, it must provide Ci~ with u~itzen notice at least ~0 days in advance of such termination. '- Notices uo Consultant or City shall be provided as ounlined in Section !3 below. 2." S~VYCES. Su~ojecu to ~he terms and conditions sen forth in ~his Agreement, Consu!~an~ 'shall provide ~o City ~ne se~ices described in r ' ~' ~- A. Comsultan~ shall provide said services au the =imm, place, and ~ne manner spmmified in Exhibi~ A. '--" 3. PAYMENT. Ci~ shall pay Consu!~an~ for sea',ices rendered ~ursuan~ to ~his Agreemen~ a~ the ~ime and in =ha manner sm~ forth in Exhibit ' ~: ants s acified in Exhibi~ B shall be ~h~ only payment~ .o ~e m~ B. _nm pa~ P ..... ~s A~reem~nu. shall submit all billings for sa~d sa~lces =o uz=y ........ Exhibit B: or, if no manner be specified in E>fnibi= B, then according usu~ and custom~ procedures and practices ~niah Consultant uses for bi!!in~ clients similar to Ci~. 4. FACILITIES .~ EOU!~MEN!. Except as set forth in E~nibiu Cons,~nan~ shall, a= its sole cos= and expense, fu~ish all faai!iuies and eq~pmen= %Which may be required for furnishing se~icas pursuant to =his =he facilities and equipment Aor__m-n=. Ci~ shall fu~ish to Consu!tan= only !isled in ExhYoit C acuording to the. te~.s and conditions se= forth in Exhibit C. 5. GENERAL ~ROVISIONS. The general provisions set forth in Exhibit D are par= of this Agreement. In the event of any inconsistency be~ean said general provisions and any other terms or conditions of Ehis A~emmen=, the other =e~ or =ondi=ion shall control insofar as it is inmor~is=mn= with =he general provisions. 6. EXHIBITS. All exhibits ~_=_~r_d to h .... n ara ar_ by ~nis reference in~oroorated herein. 7. O'~ERSH!P OF WORK. All doa~enus, dana, suudies, su~eYs, drawings, maps, ~d repor=s furnished zo Consu!5anz by Ci~', a~ well as ra~or=s ~d supportive data prepared by Consu!zant under fnis Agreamen= shall J Agreement with T~ Transportation Oonsu!~an~s july !, !PP2 be considered the property of the City of Dublin, and upon request at completion of the sea-vices to be performed, they will be turned over to the City of Dublin. 8. COLLECTION OF FEES.. All fees~ to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions set forth above, if collected by Consultant shall be collected in the name of the City. Consultant shall employ recordkeeping measures acceptable to the City. If fees are collected hy the City, Consultant shall review the appropriate City ordinances and fee schedules in effect and shall provide to the parsons designated by City for collection of fees, the amount of such fees to be collected. 9. SUBCONTRACTING. The Consultant shall perfozn~ the work contemplated with resources available within its own organization and no portion of the work pertinen~ to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. !0. C]-[ANC, ES. City may from time to time require changes in the scope of the sat-vices by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which =~ mutually agreed upon By City and Consultant, shall be effective as --_ amendmen.~s to this Agreement only when in writing. !!. RESPONSIBLE CHARC, E. Consultant shall assign a project manager(s) co ~he project for the duration of the project. 'There shall be no "~ change in th-- Project Manager or re=tubers of the pt'o jesu ut:am wj.£:hou~ prior written mpproval by =he City. !2. CONTRACT ADMINISTFLATION.. This Agreement shall be admip!szered by LEE S. THOMPSON (,'Administrator"). All correspondence shall be directed to or through =he Administrator or his designee. 13. NOTICES. Any written notice to Consultant shall be sent TJX{ Transportation Consultants 4637 Chmbot Drive Suite 214 P!easanzon CA 9458~ Any written notice to City shnil bc sca= to' Lee S. Thompson' Dire=tor of Public Works/City Engineer P. O. Box 2340 Dublin, CA Agreement with TJ~I Transportation Executed as of the day firs: above stated' EITY OF DUBLIN, A Mu~~/O°rP°lFi°n .~ "[ - "C i ty" ~/ TJ~M TRANSPORTATION CONSULT~TS Chris D. Kinzel Approvmd as ~o form: Ci:y At:orney J,2!y !, !9~2 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE Consultant agrees to provide those engineering servzces 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. Ail work shall be completed to the satisfaction of the City Manager. The City may, at its discretion, request performance by Consultant of any of the following duties' A. Administrative Duties !. Perform the statutory responsibilities of City Traffic Engineer. 2. Analyze the City's traffic engineering needs and recommend programs to the City Manager consistent with the economic capabilities of the City. 3. Attend meetings with City Staff, public officials, community -' leaders, developers, contractors, and the general public, as required by the City. A. At the discretion of ~he City, review and comment on planning programs and land development projects which are ~'~,~ : ~ :~ ~: not only located within the City, but also located outside · the City and which may have a traffic impact on the City. 5. Advise the City Manager as to engineering and construction financing available from °=her governmental agencies and when so directed, prepare and initiate application for such funding. 6. Recommend Ordinances and regulations pertaining to traffic engineering matters. 7. Est~o!ish working re!auionships and coordina=zon wiuh other public agencies and priva=e utilities involving traffic engineering matters affecting the City. 8. Provide special engineering reports as to such re].~ted traffic studies. 9. Give direction to and assisu City Suaff in performing traffic studies as necessary and/or required. !0.A~ the request of ~ne Ci~-y, recommend solutions ~o street design problems. !! Provide general = =~ ° ''~ ~ consultation in connection wi~n frazzle circulation, street signs noise impact, etc. Exhib it A B. Deve].o~ment Revjew D~t~es 1. Review proposed developments and make recommendations pertaining to traffic engineering considerations. 2. Review traffic engineering aspects of planning applications. C. Ca~ital Pro~ect~ Assist the City Manager in the deve!opmen~ of a Capital Improvement Program that relates to traffic matters. Upon specific and separate authorization by City, prepare plans and specifications for traffic-related Capital Improvement Projects. It is understood that Consultanc may provide design services for traffic related Capital Improvement Projects. However, City reserves the right to bid any project or bring in specialists when deemed necessary by City or Consultant. A.Capital Improvement is defined as any project in which construction is performed by someone omher =hen =ha City forces or the Ci~--y's designated str~e't maintenance contractor. D. Designation as City Traffi= Enginee~ For the term of this agreement, =he following employee of Consu!tan= is designated.as City Traffic Engzneer: Chris Kinze! - Registered Traffi= Engineer Exb. ib iz A EXtliBIT B PA~NT SCHEDULE Consultant shall be compensated for work as follows' A. The following work shall be charged at 80 percent of the rates shown in Exhibit B-1. General traffic engineering services and studies excluding capital improvement project design. B. The following work shall be charged au the rates shown in Exhibit Capital improvement design work, which is billed on a time and material basis. Prior to proceeding with the work a maximum estimated budget shall be established by City and shall not be exceeded without approval of =he 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 Consu!ua~t's office to Dublin City' Offices. City shall pay Consultant's invoices no !auer than 30 days from the billing date providing, in Ci~--y's estimation, than said invoices are correct and sufficient backup is attached. Ci=y shall advise Consultant within 30 days of ~ne billing date if said invoices =~ deemed incorrect. E.xhib iu B EXHIBIT C City shall furnish physical facilities' such as desks, filing cabinets, and co. nference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and ~he information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance' telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C EXHIBIT D GENERAL PROVISIONS, 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have ~e ri~%t to control Consultant only insofar as the results of Consu!=ant's engineering services rendered pursuant to this Agremment: however, City shall not have the right to control the means by which Consultant accomplishes ser~Tices rendered pursuant to ~is Agreement. 2. LICENSES~ PERMITSv 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 Consultan~ shall, at his sole cost and exoense, keep in effect at all times during the term of this are required for Agr__m-n~ any licenses permits and approvals which legally Consultant to practice his profession. 3. TIME.. ConsUltant shall devote such time to ~e performanne of sera, ices pursuant ~o this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant ~o this Agreement. "4. iNSUraNCE REOU!REMENTS. Consultant shall procure and maintain for the 'duration of ~e contract insurance against claims for injuries to persons or damages to Property which may arise from or in connection with the performance of ~ne 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 Sco~e of ~nsurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering ~omprehensive General Liability and Insurance Services 0ffide form number GL 0404 ~overing Broad Form Comprehensive General Liability; or ~nsuranee Scl-vices Office Commercial General Liability ~overage ("occurrence" form CG 0001). (2) Insurance Se~-~ices Office form number CA O001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) ' Wo~[er's Compensation insurance as required by =he Labor Code of the Szate of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Consu!~ant shall maintain limits no less ~han: (!) General LiabilitY: $!,0O0, OD0 combined single limit ocr occurrence for bodily injury, personel injury and property damage. If commercial General Liabi!iuy insurance or ofner form wifn a .--. general aggregate limit is used, either the general aggregate i limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence (2) Automobile Liability: $500,000 combined single limit per accident for bodily injury an& $100,000 for property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the Scare of California and Employers Liability limits of $500,000 per accident. C. Deductibles and Self-Insured Retentions_. Any deducgibles 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 or the Consultant shall procure a .. officers, officials and employees; 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: (!) General Liability and Automobile Liability CoYarages. ~. (a) The Cji-I, its officers, officials, employees and volunteer are to be covered as insureds as respects' liability arising out of activities performed by or on behalf of Consu!~ant; products and completed operations of Consultant, premises owned, occupied or used by the Cognizant, or au~omobi!as owned, leased, hired or borrowed by uhe Consultant. The coverage shall contain no special !imitations on ~he scope of the protection afforded to the Cji-y, its officers, officials, employees or volunteers: (b) The Consultant's insurance coverage shall ba 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 =he C6nsul~an~'s insurance and shall not contribute with i:. (c) Any failure to comply wi~h reporting provisions of policies shall not affect coverage provided to the City, its officers, officials, employees or wo!unteers. (d) Tne Consultant's insurance shall apply separately to each i~ured against ~'nom claim is made or suit is brought, ..:'.l.. except %~i~h respeo~ to '~he limits of 5he insurer's E~fnibi~ D (2) Worker's Compensation and Employers Liability Coverage. The insurer Shall~Jgree't° 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 Ci~'. (3) ~rofessional 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 ~e~sez-vices specified in this Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after ThirTy (30). days prior written notice by certified mail, return receipt .requested, has been given To the City. E. Acceotabi!it-v of Insurers. Insurance is to be placed with insurers with a Bests' razing of no less than A:VII!. ~erification of C°vera~D. Consultant shall furnish City with certificates of insurance and with origiual endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be si~ned by a person authorized by that ir~urer to bind coverage Dn its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves ~he right to require complete, certified copies of al!~required insurance policies, at any time. Thc Risk Manager of City may approve a variation of 5hose insurance requirements upon a determination that The coverages, soope, limits and fo_-ms of such insurance are either not ¢ommercial!y available or ~ne City's interests are otherwise fully 5. CONSULTANW NO ACENT' Except as City may speoify in writing, Consultant shall have no authority, express or implied, to ant 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 ~na~s never. 6. ASST~NMEN~ PROHTBTTE~. No parry to ~ts Agreement may assign any right or obii~ation ~ursuant to ~his AgreemenT. Any a~tempTed or purported assignment ' A=r_-men~ shall ba void and of no of any r~=ht or obligation pursuant to this = =~ effect. 7. PER____~OA~EL. Consultant shall assi=~n only competent personnel to nerform "' sera. ices pursuant un ~nis Agreement. !n ~ne evanu ~hau City, in ius sole _- E~fnibi t D 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 mann.er 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. Ail 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 CONSULTA~~fS. 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, amcidents, ocmurrencas or ocher causes predicated on active or passive negligence of the Consultant or of his subconsulzant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and ~gents from and against any or al! loss, liability, expense, claim, costs (in.-!uding costs of defense), suius, and damages of eve~ kind, nature and description' directly or ~ndirectly arising from Co~.su!~ant's negligent performance of the work. This paragraph shall not be ..~.. construed ~o exempt the Ci~'y, its employees add~officers from its o%~n fraud, ~ %-i!!ful injury or wio!a=ion of law whether %-illfu! or negligent. For purposel " of S~c~ion-27~2 of the Civil Code the parties hereto recognize and agree this Agreement is not a construction contract. By execution of this Agreeman~ Consultant aclcnow!edges and agrees that he has read and understands · provisions hereof and ~hat this paragraph is a malaria! e!emen= of consideration. Approval of the insurance contrac~s does not relieve the Consultant or subconsu!=ants from liabi!i~-y under this paragraph. !0. GovERNMER-fAL REGULqT/ONS. To '~he extent tha~ ~his Agreemen~ may be funded by fiscal assistance from another governmen=a! en~ity, Consu!.~ant shall comply %,ign all amp~4cable rules and regulations to which City is bound by =he terms of such fiscal assistance program. !!. DOCUMER~fS. Ail repot=s, data, maps, models, charts, designs, plans, studies, suz-~eys, photographs, memoranda or o~her %,titian documents or materials ' Agr__m-n~ shall 'become =he proper~y of prepared by Consultan~ pursuant to ~his ~ ~ ' Cit-] upon =omp!etion of the work to be performed hereunder or upon termination of =he Agreement. No su=h materials or properties produced in whole or in pa_r~ under =his Agreement shall be subject =o private use, cop3'-riEhts, or oa~ent rights by Consul=ant in the United States or in any other country %~idnou.-- --_he express %,ri=ten consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by mbo provisions of =ha :'-'-)"':'.". California Public Records Act), distribute, and o~herwise use, copyright or ':'.:- ? :-.: Exhibit D ~=~ 4 of 5 patent, in whole or in part, any such reports, studies, data,-statistics, forms or other materials or properties produced under this Agreement. 12. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. s: (con rra c~s) \ ~_~kn~\agr~m~n r Ex~..ib it D l~rch 11, 1999 Mr. Richard C. Ambrose City Manager P.O. Box 2~z~O Dublin, CA 94568 Subject: Traffic Engineering Consulting Services for Fiscal yeax 1999-2000 (TJKM Project #157-001) Dear Mr. Ambrose: In response to your letter dated February 18, 1999, TJKM proposes the rate changes on the attached table. TJKlvl has not raised our rates for the City of Dublin in two years. The proposed rates reflect a 15% discount of our current market rates. The administrative duties rot which TJKM has participated in include the review of routine cmzcn mqu~st.% requests zrom mc tzlty c:oun¢il Ior lx~I'iC control chemges, traffic impa*t analyses for proposed new development, review of site plans for proposed development, signal timing studies, planning of roadway network improvements, spe~t sur,'eys, and investigation of school related traffic safety issues. We believe we have provided these sen,ices in a prompt, professional and worl~nanlike manner in accordance With tb.e standards of the engineering profession. We are proposing no contract, personnel or service level changes for this contract amendment.' We have truly appreciated our past involvement with this contract, and we look forward to continuing to provide our services to the City. Plea~e don't hesitate to contact me with any questions you hm,e regarding this submittal. Very' truly yours, Cb_vis D. Kinzel, P.E. Pre si dent RESOLUTION NO. - 99 A RESOLUTION OF TI:IE CITY COUNCIL OF TItE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WlTlt TJKM TRANSPORTATION CONSULTANTS WHEREAS, the City of Dublin, State of California, entered into an agreement with TJKM Transportation Consultants on July 1, 1997; and WHEREAS, City and Consultant are desirous of continuing the agreement for an additional two year period; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 1999-2000; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with TJKM Transportation Consultants, which is attached hereto as "Exhibit A." PASSED, APPROVED AND ADOPTED this 20th day of July, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Gtengrltjkmiresoamend99-O0 EXHIBIT "A" OF RESOLUTION -99 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and TJKM Transportation Consultants (hereinafter referred to as "CONSULTANT"), entered into an agreement on July 7, 1998, to provide engineering services to CITY: and WHEREAS, said agreement was amended in April of 1999 to extend the not-to-exceed limit for Fiscal Year 1998-99; and WHEREAS, the City and the Consultant wish to extend the term of agreement for an additional two years, terminating June 30, 2001; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 1999-2000; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term ofa~eement shall be until June 30, 2001. Adjustment of Rates The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 1999-2000. Consultant shall be entitled to request a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN Mayor ATTEST: City Clerk TJKM TRANSPORTATION CONSULTANTS Date: \~DUBLINFS2\PWkEngr-contract\TJKMkamendment99-00.doc TJKM ~ourly Rate Schedule for On-Call City.of Dublin Work current PropOsed , I998-1999 1999-2000 % .~ 'Standard Reduced '~tandard Reduced Insr~e Principal ' ~;155 $132 $'I60 $136 Principal Associate 124 105 I40 114 9~ Sertior Associate 124 105 130 I 11 6~ Associate 110 94 115 98 4% Senior Traffic Engineering . 93 79 100 85 8% Sr. Transportation Engineer 93 79 100 85 8%' Traffic Engineer 82 70 90 75 9°~ Assistant Traffic Engineer 72 61 75 64 5~ Tr~ffi¢ Engineering Assistant 72 61 75 64 5% Technician IV 62 53 65 55 4% Technician 1TI' 62 53 65 55 4% Technician II 62 53 65 55 Technician I 62 53 65 55 4~ Graphics Designer 62 53 65 55 4% Designer 62 53 65 55 Drafmr 62 53 65 55 4% Word Processing Supervisor 3 6 3 t 36 31 0% SecreteHal/Word Processing 3 6 31 36 31 0% Compuier/Production Specialist 36 31 . 41 35 13% E.:~ert F/jmes, charges available on request. a Current TJKM mt~ in ~e City of Dubliu. effective '97-'99 (no rate haerease oecam~ecl ha 199811999) b These rat~ sh~ll apply for eapit~l imprm,ement design w~rk and pri~tz dm~lopment rexq~w as : indiratted in the rm~stez a~m'eeme-at z These r~te are t?pioally 85 p~! ofTJI, D~s standard rates, mad shall apply to g~-~ml traffiz en~a~eer[ug sen-lees, exzh~ing capital improvement design and mhew. ' I Dublin Rate Schedule 199~2000~RP 07/13/1999 8:47 AM