HomeMy WebLinkAboutItem 4.15 Fehr & Peers Engr SvcCTTY CLERK
File # 0600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 20, 2000
SUBJECT:
Approval of Consulting Engineering Services Agreement with Fehr
& Peers Associates, Inc. for FY 2000-01
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
Resolution
Consulting Engineering Services Agreement
RECOMMENDATION:
Adopt resolution Approving Se Consulting Engineering Services
Agreement for Fehr & Peers Associates, Inc., for FY 2000-01 and
authorize the Mayor to execute the agreement
FINANCIAL STATEMENT:
The proposed Consulting Engineering Services Agreement with
Fehr & Peers Associates, Inc., has a not-to-exceed amount of
$75,000 for a one-year period between July 1, 2000 and June 30,
2001. Consultant services will be budgeted in the 2000-01 budget to
pay for expenses under this agreement. Most of these expenses will
be offset by revenue funds provided by developers to conduct traffic
impact studies of proposed developments.
DESCRIPTION: Under the proposed Consulting Engineering Services Agreement
with Fehr & Peers Associates, Inc., this firm will provide general traffic engineering services to the City
over a period of one year from July 1, 2000, to June 30, 200.t, based on the consultant's hourly rate
schedule for FY 2000-01. The type of services to be performed will include peer review and preparation
of traffic studies associated with development projects in eastern or downtown Dublin. Developers will
pay for the costs of these services. Fehr & Peers will also conduct general traffic engineering and
transportation planning services, such as traffic safety studies, STOP sign warrant analyses, traffic
handling plans, intersection level of service/capacity analyses, etc.
The City currently has ongoing agreements with two other consulting firms to provide the same type
of services. However, the continued demand for new traffic studies of proposed developments and the
limited ability of these two consultants to meet this demand on schedule require adding a third consultant
to the list of contracted consultants. Fehr & Peers has been providing quality traffic engineering services
to public agencies in the Western United States since 1985 and is well qualified to perform this type of
service in Dublin. The cost of services under the proposed agreement will be budgeted in the Engineering
Operating Budget for FY 2000-01. Developers will reimburse the City for costs associated with traffic
studies for development projects.
COPIES TO:
G:\Engr-contract\Fehr & Peers\agstmnt 06 00.doc
Thomas J. Clausen, Fehr & Peers
ITEM NO.
Under the proposed agreement, the consultant will be compensated for work performed at the hourly rates
specified in the agreement for FY 2000-01, not to exceed the amount of $75,000 over the time period
from July 1, 2000, to June 30, 2001. The bulk of the work that will be performed by the consultant is in
the area of preparing or reviewing traffic studies for private developments. Developers will pay for the
cost of this work.
The City Attorney has reviewed the proposed agreement and provided input. Staff recommends that the
City Council adopt the resolution approving the proposed Consulting Engineering Services Agreement
with Fehr & Peers Associates, Inc., for FY 2000-01 and authorize the Mayor to execute the Agreement.
RESOLUTION NO. - O0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING CONSULTING ENGINEERING SERVICES AGREEMENT
WITH FEHR & PEERS ASSOCIATES, INC., TO PERFORM
GENERAL TRAFFIC ENGINEERING SERVICES FOR FY 2000-01
WHEREAS, the City of Dublin continues to receive applications for new developments in eastern or
downtown Dublin; and
WHEREAS, new developments require new traffic studies to assess the impacts of development; and
WHEREAS, Staff has determined the need to hire an additional traffic engineering consultant to
conduct general traffic engineering services and meet the demand for completing traffic impact studies on
schedule; and
WHEREAS, said services are primarily for review or preparation of traffic studies for private
developments, and costs are charged to developers; and
WHEREAS, the firm of Fehr & Peers Associates, Inc. has demonstrated its qualifications and ability
to perform the technical traffic studies required; and
WHEREAS, under said agreement the consultant will be compensated for work Performed at the
hourly rates specified in the agreement for FY 2000-01, not to exceed the amount of $75,000 over a period of
one year from July 1, 2000 to June 30, 2001;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Consulting Engineering Services Agreement with Fehr & Peers Associates, Inc.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
L
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, Califomia, as of July 1, 2000, by and between the
CITY OF DUBLIN, a municipal corporation ("City"), and Fehr & Peers Associates, Inc. ("Consultant"),
who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A. Consukant shall provide said
services at the time, place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall
be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit ail 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 usuai and customary procedures and practices
which Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shail, 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.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work pertinent to this contract shail
be subcontracted without written authorization by the City, except that which is expressly identified in the
Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of the services by
Consultant to be performed under this Agreement. Such changes, including any change in the amount of
Consultant's compensation which are mutually agreed upon by City and Consultant, shail be effective as
amendments to this Agreement only 'when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to each
project for the duration of the project. There shail be no change in the Project Manager or members of the
project team without prior written approval by the City. The Project Manager for Consultant shail be
approved by the City prior to work commencing.
Agreement
Page 1 of 2
06/14/00
9. CONTKA~T ADMINIS~TION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any writtan notice to Consultant shall be s~nt to:
Thomas J. Clausen, P.E., P.T.O.E.
Fehr & Peers Associates, Inc.
3685 Mt, Diablo Blvd., Suite 301
Lafayette, CA 94549-3763
Any written notice to City shall be s~nt to:
Lee $. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
Executed as of thc day first above stated:
cITY OF DUBLIN,
a municipal corporation
By
Attest:
City Clerk
Approved as to form:
City Attorney
Agreement
Page 2 of'2
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Provide traffic impact studies of proposed developments and provide general traffic engineering
and transportation planning services over a period of one year from July 1, 2000 to June 30,
2001, as requested and authorized by the City in writing. The scope of studies of proposed
developments 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
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EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant for work to be performed pursuant to this agreement at
the hourly rates attached herein for an amount not to exceed the total sum of SEVENTY FIVE
THOUSAND DOLLARS ($75,000) PER YEAR, over a period of one year from July 1, 2000 to
June 30, 2001. Consultant shall submit invoices monthly based on the cost for services
performed on a time and expenses basis and in accordance with the cost estimate for each
project.
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, further or additional service pursuant to
this Agreement unless such extra 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 extra 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 under 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 documents 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, provided
this sentence shall not preclude recovery by consultant of compensation due under the provisions
of 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
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Received=
JUN-13-2000
3/2000
11:35
12:08PM; ->Oity
FEHR & PEERS
Dublin PW/Fire; #897;
Page 2
9252842691 P. 02/02
) [=EHR~I:>EER$ ASSOCIATE.c,
FEI~IR & PEEI~S ASSOCIATES, INC.
Hourly Billing Rates
Classification
Hourly Rate
Senior Principal $160.00 - $170.00
Principal $125.00 $155.00
Senior Associate $125.00 - $140.00
Associate $110.00 $120.00
Senior Engineer/Planner $90.00 - $115.00
Engineer/Planner $70.00 - $85.00
Senior Technical Support $65.00 - $75.00
Adrnini_~trative Support $50.00 - $65.00
Technician $55,00
Intern $35.00
Note;
Reimbursable expenses are invoiced at cost plus 10% for handling including the following:
Reproduction work at $.07 per sheet
Plotter / Computer use at $10 per hour
Personal auto mileage at $.325 per mile
Communication Expense (Telephone, fax, E-mail, etc.)
Effective 1/29/00
EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
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EXHIBIT D
GENERAL PROVISIONS
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 REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2)
Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3)
Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
Exhibit D
Page 1 of 5
06/14/00
(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 project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and 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 $1,000,000 per accident.
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.
Do
Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverages.
(a)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b)
The Consultanfs insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
(c)
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
Exhibit D
Page 2 of 5
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(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 mad 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 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.
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 except in the event of
non-payment of premium in which case ten (10) days notice will be given.
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
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.
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.
CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
Exhibit D
Page 3 of 5
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o
ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment ofany right or obligation
pursuant to this Agreement shall be void and of no effect.
o
PERSONNEL. 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.
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.
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 subconsultant, to the City, to City officers and employees, or to parties designated by
the City, to the extent of the negligent performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active negligence of the
Consultant or of his subconsultant. Consultant shall indenmify, 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 to the extent
arising from the negligent performance of the work. This paragraph shall not be construed to
exempt the City, its employees and officers from its own fraud, willful injury or violation of law
whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto
recognize and agree that this Agreement is not a construction contract. By execution of this
Agreement Consultant acknowledges and agrees that he has read and understands the provisions
hereof and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the Consultant or subconsultants from
liability under this paragraph.
10.
GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another goVernmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
11.
DOCUMENTS. All reports, data, maps, models, charts, deSigns, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to
be performed hereunder or upon termination of the Agreement. No such materials or properties
produced in whole or in part under this Agreement shall be subject to private use, copyrights,
Exhibit D
Page 4 of 5
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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
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