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HomeMy WebLinkAbout4.12 Kimley-Horn AmendAgmt CITY CLERK File # D~[Q1[QJ-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 17, 2003 SUBJECT: ATTACHMENTS: RECOMMENDATIO~ FINANCIAL STATEMENT: Amendment to Agreement (Extension of Term and Adjustment of Rates) with Kimley-Hom and Associates, Inc., for General Traffic Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director 1) 2) 3) Resolution and Proposed Amendment Letter from Kimley-Horn Current Agreement and Amendment Adopt resolution approving amendment to agreement Under this agreement, Kimley-Horn provides traffic engineering services to the City based on the adopted rate schedule. Types of services performed would typically be preparation of traffic studies associated with private development projects and traffic signal design for Capital Improvement Program (CIP) projects. The costs of the development-related services are paid for by developers, and the costs of the CIP-related services are budgeted with individual CIPs. Kimley-Horn is not proposing a rate increase for Fiscal Year 2003-2004, however there is a provision in the contract that Kimley- Horn may request an increase for the second year of the contract. DESCRIPTION: The City has contracted with Kimley-Horn and Associates since 2001 for general Traffic Engineering services. The services provided to date have been the preparation of traffic studies associated with private development projects in eastern and downtown Dublin, and the design of traffic signals for CIPs. Staff is proposing that the agreement with Kimley-Horn be extended for a two-year period, terminating on June 30, 2005. The consultant is not requesting an adjustment of rates for Fiscal Year 2003-2004. The maximum expenditure for Kimley-Horn had previously been set at $75,000 per year. However, Staff proposes eliminating the not-to-exceed amount as it has proven difficult to anticipate the need for services due to the uncertain economic climate for commercial and residential development. Kimley-Hom will provide an estimate and obtain written authorization from the City before beginning any task. The work provided to date by Kimley-Horn and Associates has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the agreement. g:\engr\Kimley- Horn \agstamnd03-04 COPIES TO: Anush Nejad, Kimley-Horn ~l ~ ,. ITEMNO.~ ( lOT tt~ I o-r ' RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT TO AGREEMENT KIMLEY-HORN AND ASSOCIATES, INC. WHEREAS, the City Council of the City of Dublin approved an agreement for consulting traffic engineering services with Kimley-Horn and Associates, Inc., on July 1, 2001, for a two-year term; and WHEREAS, the term of the agreement is proposed to be extended until June 30, 2005, allowing Kimley-Horn to request an adjustment of rates for the second year ofthe term; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (extension of term and adjustment of rates) with Kimley-Horn and Associates, Inc., 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 17th day of June, 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk glengr\Kimley-Horn \resoamend03 -04 lo\ll\o3 .. _.J! ~fV\ l.\. \L. ~ d' EXHIBIT" A" OF RESOLUTION - 03 - AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND KIMLEY-HORN AND ASSOCIATES, INC. FOR GENERAL TRAFFIC ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Kimley-Horn and Associates, Inc. (hereinafter referred to as "CONSULTANT"), entered into a two-year agreement on July 1, 2001, to provide consulting traffic engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2005); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term ofthe agreement shall be extended from July 1,2003, to June 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005, this agreement will then automatically extend until a new agreement or amendment to agreement is entered into or City gives written notice of termination. Not-To-Exceed An upper limit shall not be established for the dollar value of work performed by Consultant within a given year; however, Consultant shall provide a per-task estimate and shall be required to obtain written authorization from City prior to performing tasks under this Agreement. Adiustment of Rates This rate schedule will not increase for fiscal year 2003-2004 from the fiscal year 2002- 2003 rate schedule. The rate schedule attached hereto shall be effective for the 2003-2004 fiscal year. Consultant may propose a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN Mayor ATTEST: KlMLEY-HORN AND ASSOCIATES, INC. City Clerk Date: G:\Engr-contract\Kimley- Hom\amendment03-04.doc ~=~ Kimley-Horn and Associates, Inc. /' ...? "AtJ.,r- RECEIVED ~....V JUN 06 2003 PUBLIC WORKS June 6, 2003 II Suite 260 5776 Stone ridge Mall Road Pleasanton, Califomia 94588 City of Dublin ATTN: Lee Thompson 100 Civic Plaza Dublin, CA 94568 RE: Rate adjustmentfor fiscal year 2003-2004 Thank you for taking the time to speak with me yesterday regarding Kimley-Hornn's proposed rate changes for the finscal year 2003-2004. After careful consideration, Kimley-Horn and Assoicates, Inc. has decided not to increase our billing rates to the City of Dublin. Attached please find a copy of the existing billing rates. These rates will remain in effect through June 30, 2004. Please do not hesitate to call myself or Anush Nejad if you have any questions at 925-463-5640. Sincerely Yours, KIMLEY-HORN and ASSOCIATES, INC. ~~~ .fIJu Nicole Miliano Administrative Manager cc: Anush Nejad Contracts file III! TEL 925 463 5640 K:\097059000 f~ mih !.~cM~herty -SA \contractRates\2003-2004rates.doc z. ~=~ Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. Schedule of Billing Rates (Effective January 1, 2001) Code Class Regular Rate A 1-A4 Senior Support Staff $72.00 A5 Senior Professional 1 $140.00 C 1-C3 Support Staff $68.00 C4-C6 Senior Support Staff $75.00 C03-C04 CADD Operator $90.00 C05-C06 Senior CADD Operator $100.00 D7 Designer $115.00 D8 Senior Designer $125.00 E1-E4 Principal $185.00 P Professional $90.00 P1 Professional 1 $98.00 P2 Professional 2 $105.00 P3 Professional 3 $110.00 P4 Professional 4 $120.00 P5 Senior Professional 1 $140.00 P6 Senior Professional 2 $155.00 P7 Senior Professional 3 $170.00 P8 Principal $185.00 T1-T2 Technician/Draftsman 1-2 $75.00 T3- T5 Technician/Draftsman 3-5 $85.00 T6-T7 Senior Technician $110.00 An allocation charge (currently at 6.15%) is added to the labor fee to cover routine expenses, such as local mileage, copying, fax, mail, telephone, in-house blueprinting, etc. A $25 charge is applied to CADD related computer time. A 10% administration fee is added for outside expenses. Overtime work is charged at 1.5 times the normal billing rate. Billing rates are subject to change July 1, 2004. 5 STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 2001, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Kimley-Horn and 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. Consultant 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 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. 3 . 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. 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 shall 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, shall 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 shall be no change in the Project Manager or members ofthe project team without prior written approval by the City. The Project Manager for Consultant shall be approved by the City prior to work commencing. Agreement Page 1 of2 OS/29/01 ~. Lo ,. 9. CONTRACT ADMINISTRATION. 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 written notice to Consultant shall be sent to: Anush Nejad, P.E. Kimley-Horn aIid Associates, Inc. 5776 Stoneridge Mall Road., Suite 260 Pleasanton, CA 94588 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a muni~ corporation By. A-~ - "City" Attest: /7~ Ry "Consultant" Approved as to form: ~~ 71~~~ City Attorney Agreement Page 2 of2 OS/29/01 ,~ 100\ EXHIBIT A SCOPE OF SERVICES AND SCHEDULE Prepare traffic impact studies of proposed developments and signal design plans for approved developments, and provide general traffic engineering and transportation planning services over a period of two years from July 1, 2001 to June 30, 2003, 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 traffic study or signal design plan. Exhibit A Page 1 of1 OS/29/01 ~ ,/ \:; 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 two years from July 1, 2001 to June 30,2003. 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 so Ie 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 performed on such documents and other materials through the effective date of such termination. fu that event, all finished and unfinished documents and other materials shall, at the option ofthe 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. The Consultant shall be entitled to submit a request for an adjustment of rates for the second year of the contract term; i.e., 2002-2003 fiscal year. Exhibit B Page 1 of 1 05/30/2001 ,e( t>..6 ~=~ Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. Schedule of Billing Rates (Effective January 1, 2001) \ Code Class Regular Rate A 1-A4 Senior Support Staff $72;00 A5 Senior Professional 1 $140.00 C 1-C3 Support Staff $S8.00 C4-CS Senior Support Staff $72.00 C03-C04 CADO Operator $90.00 C05-COS Senior CADD Operator $100.00 D7 Designer $115.00 D8 Senior Designer $125.00 E1..;E4 Principal $185.00 P Professional $90.00 P1 Professional 1 $98.00 P2 Professional 2 $105.00 P3 Professional 3 $110.00 P4 Professional 4 $120.00 P5 Senior Professional 1 $140.00 P6 Senior Professional 2 $155.00 . P7 Senior Professional 3 $170.00 P8 Principal $185.00 . T1':'T2 T echnician/Draftsman 1 ~2 $75.00 T3-T5 Technician/Draftsman 3-5 $85.00 T6-T7 Senior Technician $110.00 An allocation charge (currently at 6.15%) is added to the labor fee to cover routine expenses, such as local mileage, copying, fax, mail, telephone, in-house blueprinting, etc. A $25 charge is applied to CADD related computer time. A 10% administration fee is added for outside expenses. Overtime work is charged at 1.5 times the normal billing rate_ . i .,c if 1-' 10 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 of1 OS/29/01 Ie 1100' >. , 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 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 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. 3. TillE. 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 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) fusurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto II 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 of5 OS/29/01 . ,- ( "a<~- k\-' \1...0' (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. 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 oflosses 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 ofthe 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 speciallirnitations on the scope ofthe protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and 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 of5 OS/29/01 . ~, /. , '"" \ -?" v)~ -,. ,"-" 'v" , > (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 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 ofpremiurn in which case ten (10) days notice will be given. 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 relevant portions of required insurance policies, at any time. G. 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 othelWise fully protected. 5. 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 of5 OS/29/01 , ~. \6 \JV''t) > ;-:-... 6. ASSIGNMENT PROHIBITED. 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. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at anytime 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 ofthe 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 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 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 to the extent arising from the negligent performance ofthe 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 sub consultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe 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 Exhibit D Page 4 of5 OS/29/01 ( "~,,. ,,(' .-/ (1)'0. \ V' \ t;) , , . 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 5 of5 OS/29/01