HomeMy WebLinkAbout7.1 TrafficEngrContactrRev
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CITY OF DUBLIN
AGENDA STATEMENT
Gity Council Meeting Date: June 1, 1993
SUBJECT: Traffic Engineering Contract Review - TJKM
Report by Public Works Director Lee Thompson
E%HIBITS ATTACHED: 1) Letter from Chris Kinzel, Principal, TJKM
2) Existing agreement
3) Resolution approving amendment to agreement
(with amendment attached as Exhibit A).
RECObII~IENDATION: 1) Review past performance of TJKM and provide
. input.
~ 2) Adopt resolution approving amendment to
agreement (extension for an additional two-year
period with no increase in rates for FY 93-94).
FINANCIAL STATEMENT: See below
DESCRIPTION: TJKM Transportation Consultants has provided Traffic
Engineering Services to the City of Dublin since 1983, originally as a subcontractor
to Santina and Thompson, and then as a direct contract beginning in 1985.
General Description of Services Provided
TJKM has provided services generally in the areas of general traffic studies,
private development review, and Capital Improvement Project design and construction
review. At the beginning of 1991, the City hired a Senior Civil Engineer, and later
in 1991, an Engineering Technician, who perform a number of the tasks that were
formerly assigned to TJKM. Consequently, TJKM's role has diminished, particularly
in the areas of Capital Project design and construction review. In addition, TJKM's
attendance at the Traffic Safety Committee meetings has been reduced to an as-needed
basis. Some of the associated traffic studies have also been performed by in-house
staff.
Specific 1992-93 Traffic Enqrineerina Proiects
TJKM has continued to assist the City in a number of specific projects. They have
prepared the Annual Traffic Safety Report and Downtown Plan Intersection Monitoring
and provided traffic signal monitoring and timing, as well as the services for six
resident-requested and three Staff-requested traffic studies recommended for study
by the Traffic Safety Committee during Fiscal Year 1992-93. These were:
^ Amador Valley Boulevard Crosswalk Analysis between Regional and Starward
- recommended by last year's Traffic Safety Report.
^ Dublin Blvd./Silvergate Drive Stop Sign Warrant Study (Staff-requested)
^ Frederiksen School Circulation Study (resident-requested)
^ Lancaster Road/Ann Arbor Way Stop Sign Study (resident-requested)
^ Landale Avenue/Hillrose Drive Stop Sign Study (resident-requested)
^ Shannon Avenue/Vomac Road Stop Sign Study (resident-requested)
^ Wendy's/Kentucky Fried Chicken Circulation Study (prompted by a
'resident's comment that the driveway was too close to the Dublin
Blvd./Village Parkway intersection.)
^ York Drive/Maple Drive Stop Sign Study (resident-requested)
^ Dougherty Road/Sierra Lane Signal Warrant Study (Staff-requested as part
of the funding application for an upcoming Capital project)
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ITEM NO. COPIES TO: Chris Kinzel, TJKM
A~K~ l~-.~o
CITY CLERK
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Most of these traffic studies consisted of performing traffic counts and analyzing
the locations from the standpoint of sight distance and accident history. TJKM
additionally reviewed the data for the Tri-Valley Transportation Model for
conformance with prior studies. TJKM's responsiveness to Staff's requests for
various services has been good, with studies and reports completed in a timely
manner.
Cost of Services Provided
TJKM has charged its work on general traffic studies at 80% of normal hourly rates.
Work completed in this category amounted to 71% of total charges for Fiscal Year 91-
92. The remainder was expended on capital projects and on private development
review. These categories are billed at 100% of the standard fees identified in the
agreement. Private Development work is reimbursed by the project applicant. In
Fiscal Year 1992-93, it is estimated that 100% of the work completed under the
contract will be in the General category and billed at the 80% rate. A breakdown of
TJKM's billings by fiscal year is as follows:
HISTORICAL COST COMPARISON
Current Reduced
sv. Level Sv. Level
Estimated Budget Budget
1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1993-94
Gen. Traffic
Engineering $32,490 $45,761 $ 71,817 $26,761 $25,000 $27,000 $16,000
Private Dev. 6,588 7,305 30,272 6,249 0 0 0
Capital proj. 12.882 14,493 8,037 4.428 0 0 0
$51,960 $67,559 110,126 37,438 $25,000 $27,000 $16,000
As shown above, two factors have typically impacted the total contract Traffic
Engineering expense. First is the extent that Capital Improvement Program projects
require the design of traffic signals and related improvements. The second factor
is the private development review workload. As noted above, in-house staff began to
perform some of these tasks beginning in 1991, and TJKM's costs declined
accordingly. City staff designed the signalization for the Dublin Boulevard
Extension project and for the Dublin Boulevard Widening project and performed minor
traffic studies.
Utilization Bv Emplovee Classification
Table 2 of TJKM's submittal (Exhibit 1) identifies the breakdown of total hours
expended by the position. This information indicates that the work is being
performed at the most appropriate level, which results in cost-effective service.
During the last two fiscal years, TJKM has utilized 15 different employee
classifications, plus computer time. During FY 1992-93, the largest percentage of
time (45%) was expended by the Associate Classification, for which the reduced rate
charged for general traffic studies is $82.00 per hour. The Associate position
performs the traffic signal monitoring and programming functions. Additional hours
were expended by the Assistant Traffic Engineer classification at the reduced rate
of $64.00 per hour, by the Graphics Designer at the reduced rate of $52.00 per hour,
and by the Technician IV position at the reduced rate of $42.00 per hour. All work
performed was General Engineering, which is charged at the reduced rate.
It is anticipated that the hours expended during FY 1993-94 will primarily be in the
General Engineering category and will consist of traffic signal monitoring, required
traffic studies such as radar speed surveys and counts, and the annual traffic
safety report.
Review of Cost-Effectiveness of Contract vs. In-House
As indicated in the previous section, the contract with TJKM provides the city with
the opportunity to utilize a variety of contract employees, depending on the skill
level required. The estimated total hours of service projected for Fiscal Year
1993-94 is approximately 250 hours.
This represents approximately 10% of a full-time position. Staff believes that
hiring technical personnel on a part-time basis would be difficult if the City were
to bring all Traffic Engineering services in-house. This would also sacrifice the
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availability of the diverse pool of employees offered through the contract
arrangement with TJKM. Given the lack of development-generated traffic engineering
work, it does not appear prudent to consider offsetting the contract work with city
personnel at this time. This may be a consideration in the future, in the event
that the long-term workload would warrant additional personnel.
1993-94 General Enaineerina
As shown above, the anticipated breakdown of TJKM's work for 1993-94 is as follows:
Current svc.
Level
Reduced Svc.
Level
1)
General traffic engineering studies: the
annual traffic safety report, speed zone studies,
and selected traffic counts (general traffic
studies eliminated from reduced level of service).
422 hours
250 hours
2)
Private development review
o hours
o hours
3)
capital Improvement project design, review,
and inspection
o hours
o hours
TOTAL:
422 hours
250 hours
For the current service level, TJKM would continue to attend the Traffic Safety
Committee meetings and perform traffic studies on an as-needed basis in 1993-94.
This work would also include traffic counts, required speed zone studies, and the
Annual Traffic Safety Report. Due to time constraints and other projects, in-house
staff will not have time to take over these functions.
The City Council has identified traffic studies as an area to reduce service levels
in 1993-94. The studies which would be eliminated are primarily in the area of
resident-requested control devices such as stop signs, yield signs, and crosswalks.
Rather than having TJKM perform a formal study including machine and manual volume
counts, City Staff would determine whether the location appears to meet the criteria
(warrants) for the control device and advise the requester accordingly. Examples of
studies performed during FY 1992-93 which would not be performed by TJKM under the
reduced level of service are the Lancaster/Ann Arbor stop Sign study,
Landale/Hillrose Stop Sign Study, and York/Maple stop Sign Study, and the school
area circulation studies such as that performed for Frederiksen School.
Studies which would still be performed by TJKM under this reduced level of service
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are speed surveys, wh~ch are needed for radar speed enforcement, and the
intersection monitoring counts which are a recommendation of the Downtown specific
Plan. TJKM would also continue to be involved in the Annual Traffic Safety Report.
It is proposed to have TJKM continue monitoring the City'S traffic signal system and
providing signal timing under City staff's direction.
1993-94 Private Development Review
It is anticipated that there will be few, if any, private projects requiring traffic
studies or review by TJKM during Fiscal Year 1993-94. City staff is now allowing
applicants to choose their own traffic engineering firms for any projects requiring
traffic studies. Staff meets with the development applicant's traffic engineers
before they start the studies in order to advise them of the parameters Staff
requires for the study. Staff also reviews the reports before and after they are
finalized. This work is primarily performed by the in-house Senior civil Engineer
under the direction of the city Engineer. These costs are recovered from the
applicant. This gives the applicant a better feeling of impartiality and more
control over the cost of the study.
1993-94 Capital proiects
TJKM was involved in one capital project to a limited extent in 1992-93; signal
timing assistance was provided on the Dublin Boulevard Extension project. Work on
this project was charged to the General category as part of the ongoing signal
timing activity. It is not anticipated that TJKM will be involved in any capital
projects in FY 1993-94.
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Proposal
TJKM did not increase their rates from 1991-92 to 1992-93, and is not proposing any
increases in rates for FY1993-94 as indicated in Table 4 of Mr. Kinzel's proposal.
staff is proposing that the contract amendment provide for a two-year extension
rather than one year. The intent of the two-year extension is to save time for both
staff and the City Council by eliminating the need for an annual contract review.
TJKM could still request a rate increase for FY 1994-95. The City Council would
have the opportunity to review any proposed increases.
Staff recommends that the City Council review the services provided by TJKM and
adopt the resolution (Exhibit 3) approving the amendment to the agreement.
a: (contracts) \tjkm\agstrev
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RECEIi.. ;;'-:-.
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T JKM Transportation Consultants
PUBLIC \V.:'yt<r
4637 Chabot Drive, Suite 214
Pleasanton, CA 94588.2754
Memorandum
Phone: (510) 463.0611
Fax: (510) 463-3690
May 25,1993
Project No.: 157-001
To:
Mr. Lee Thompson, Public Works Director
From:
Chris Kinzel, P.E.
Carl Springer, P.E.
Subject:
City of Dublin Contract Review and Fiscal Year 1993~94 Proposal
This memorandum. provides information about the traffic engineering services TJKM provides
to the City of Dublin.
1. Contract Compliance
TJKM Assirnments and Duties
The administrative duties for which TJKM has participated in include the review of
routine citizen requests, requests from the City council for traffic control changes, traffic
impact analyses for proposed new development, review of site plans for proposed
development, signal timing studies, planning of road network improvements, speed
surveys, and investigation of school related traffic safety issues. See Table I for a list of
specific projects.
We believe we have provided these services in a "prompt, professional and workmanlike
manner in accordance with the standards of the engineering profession."
During this past year, TJKM has stopped direct participation in the City Traffic
Committee which meets twice a month. The meeting is attended by representatives of
the City Engineer's Office, Maintenance, and the Police Department. TJKM now attends
these meetings only when specifically requested.
TJKM Staffing
TJKM staffing for the City of Dublin traffic engineering services has been fairly
consistent although significantly less than projected for Fiscal Year 1991~1992. Associate
Carl Springer, P.E. has attended the City Traffic Committee meetings and has directed
most of the traffic investigations assigned by the committee, City Engineer or the City
Manager. Carl and Assistant Traffic Engineer Christopher Kinzel have conducted most
of the traffic studies.
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Mr. Lee Thompson
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May 25, 1993
157-001
They were supervised by Principal Associate Ty Tekawa who is a registered Professional
Engineer. Ty Tekawa provided general review and coordination of all traffic engineering
design functions. Associate John Gildea coordinates signal timing and operations and
assisted with construction issues at the new Dougherty Road/Dublin Boulevard signals.
Other TJKM members are assigned as needed to assist the four primary Dublin team
members, particularly in the area of field data collection. The TJKM goal continues to
be to provide quality traffic engineering services to the City of Dublin at the lowest
possible job classification level, while providing appropriate review and supervision.
The hours and dollar values of TJKM's services to the City of Dublin declined
substantially this year as they did last year. This is due to the general slow down of the
economy and the fact that an increasing share of the traffic engineering work is being
performed by the staff.
2. Availability
Traffic engineering services are provided to the City of Dublin from TJKM's corporate
headquarters in northern Pleasanton, a couple of miles from the Dublin City Hall. We
feel we have been available as needed and requested by the City staff.
3. Responsiveness
Generally, other than safety related items, traffic engineering matters do not require
immediate response. We feel our overall responsiveness has improved in the past year.
4. Cost Effectiveness
During fiscal year 1992 through February 1993, TJKM invested a total of 194.5 hours on
Dublin projects and invoiced a total of $15,466. Dividing the total billings and the total
hours, the average hourly rate was $62.48, lower than last years rate ($76.29) which
reflects a greater proportion of technician staff time primarily related to the City's traffic
counts and radar survey efforts.
All of the total billings, $15,466 were for regular day to day traffic services. No TJKM
efforts were expended on private developer funded studies, or design of capital projects.
Table II shows the billings by TJKM job classification, and Table III lists the TJKM
billings for the past two fiscal years by work category. The past year billings do not
reflect TJKM efforts within the City of Dublin that were subcontracted such as the West
Dublin and East Dublin traffic studies.
Also shown in Table III are the estimates for the final Fiscal Year 1992-1993 billings and
the 1993-94 budget. The projections for next year assume a generally even level ofTJKM
staff services. The TJKM budget approved for the past Fiscal Year 1992-1993 was
$32,000 which is now expected to be utilized only up to $25,000 by years end. The budget
for next fiscal year is assumed to be $16,000.
Memorandum
Mr. Lee Thompson
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May 25, 1993
157-001
5. Program Development and Implementation
This item deals with timeliness and accuracy and would best be addressed by the City
Engineer and the City staff.
6. Proposal
TJKM proposes to continue offering transportation engineering services to the City of
Dublin during the City's 1993-94 Fiscal Year (FY) of July I, 1993 to June 30, 1994.
Hourlv Rates
The proposed hourly rates for FY 1993-94 are indicated in Table IV. The proposed rates
are identical to the current fiscal year, and there will be no increase for the next fiscal
vear. The proposed full rates would apply to any capital improvement project or project
funded by private developers. The proposed reduced rates would apply to all other traffic
engineering services provided by TJKM. Reduced rates are 80 percent of the proposed
rates.
Insurance Reauirements
TJKM requires no insurance subsidy from the City of Dublin. Our errors and omission
insurance limits are $500,000.
Continued Service
We have appreciated the opportunity to conduct traffic reviews of proposed development
in the City of Dublin. We feel we have been able to contribute positive comments
resulting in improved access to public streets, circulation, and parking within the
development. We hope to continue in this role.
We continue to be sensitive to the issue of conflict of interest or a perception of conflict.
TJKM has extensive involvement with many public and private entities in the Tri-Valley,
hopefully to the advantage of the City of Dublin. We appreciate the City's flexibility in
this area.
TJKM is very pleased to be providing traffic engineering service to the City of Dublin and
hopes to continue providing such services as long as the City desires. The advantages of
utilizing TJKM's consulting services include the availability of a variety of experienced
senior transportation professionals to handle peak loads. As the City transitions its
traffic engineering services to include more staff services, our role should continue to
diminish.
Memorandum
Mr. Lee Thompson
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May 25, 1993
157~OOl
Table I
TJKM Projects (FY 1992-1993)
No. Project Description
1. Amador Valley Blvd. Crosswalks
2. Annual Counts
3. Dougherty Rd./Sierra Lane Signal Warrant Study
4. Dublin Signal Timing and Monitoring
5. Dublin Blvd. Speed Survey
6. Dublin Blvd./Silvergate Dr. STOP Sign Warrant Study
7. Frederiksen School Access
8. Gateway TIS Review (NW Corner of San Ramon Rd./Alcosta Blvd.)
9. Lancaster Rd./Ann Arbor Wy. STOP Sign Study
10. Landale Ave./Hillrose Dr. STOP Sign Warrant Study
11. Mitigation Fee
12. Annual Traffic Safety Report
13. San Ramon Road Speed Survey
14. San Ramon Road Bike Circulation
15. Traffic Safety Committee
16. Tri. Valley Traffic Model
17. Village ParkwaylBrighton Dr. Intersection Analysis
18. Wendy's Circulation
19. York Dr./Maple Dr. STOP Sign Warrant Study
20. Shannon Ave.Nomac Rd. STOP Sign Warrant Study
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157-CON.93
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May 25, 1993
157-001
Memorandum
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Table III
TJKM Billings by Project Type
FY 1992-93
Through FY 1993-94
Project Type FY 1991-92 Feb. 1993 Projected (Budgeted)
General Traffic 26,689 6,143 25,000 $16,000
Engineering
Private Development 6,248 0 0 0
Review
Capital Projects 4,428 0 0 0
Total $37,365 $15,466 $25,000 $16,000
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157-CON.93
Memorandum
Mr. Lee Thompson
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May 25, 1993
157-001
Table IV
TJKM: Hourly Rate Schedule
Current Proposed
92~93 93-94
Standard" Reduced Standardb Reduced.
Principal $140 $103 $140 $103
Principal Associate - 120 94 120 94
Senior Associate 110 86 110 86
Associate 105 82 105 82
Senior Traffic Engineer 100 77 100 77
Sr. Transportation E/Planner 100 77 100 77
Traffic Engineer 90 72 90 72
Transportation E/Planner 90 72 90 72
Assistant Traffic Engineer 80 64 80 64
Traffic Engineering Assistant 65 52 65 52
Technician IV 52 42 52 42
Technician III 45 36 45 36
Technician II 37 30 37 30
Technician I 20 16 20 16
Graphics Designer 65 52 65 52
Designer 55 44 55 44
Drafter 48 39 48 39
Project Coordinator 50 40 50 40
Word Processing Supervisor 48 39 48 39
Secretarial/W ord Processing 46 37 46 37
Computer 30 30 30 30
Expert witness charges available on request.
· Current TJKM rates in the City of Dublin, effective July 1, 1992.
b These rates shall apply for capital improvement design work and private development review as
indicated in the master agreement.
· These rates are 80 percent of TJKM standard rates, and shall apply to general traffic
engineering services, excluding capital improvement design and development review.
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157-CON.93
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of July 1, 1992,
by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and TJKM
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
services of the Consultant by providing Consultant with 30 days' written
notice. In the event of such termination, Consultant shall be compensated for
such services up to the point of termination. Such compensation for work in
progress would be prorated as to the percentage of progress completed at the
date of termination.
If Consultant terminates its services to City, it must provide
City with written notice at least 90 days in advance of such termination.
Notices to Consultant or City shall be provided as outlined in Section 13
below.
2. SERVICES. Subject to the terms and conditions set forth in
this Agreement, Consultant shall provide to City the services described in
Exhibit A. Consultant shall provide said services at the time, place, and in
the manner specified in Exhibit A.
3. 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.
4. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C,
Consultant shall, at its sole cost and expense, furnish all facilities and
equipment which may be required for furnishing services pursuant to this
Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit
C.
5. GENERAL PROVISIONS. The general provlHons 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.
6. EXHIBITS. All exhibits referred to herein are attached hereto
and are by this reference incorporated herein.
7. OWNERSHIP OF WORK. All documents. data, studies, surveys,
drawings, maps, and reports furnished to Consultant by City, as well as
reports and supportive data prepared by Consultant under this Agreement shall
Agreement with TJKM Transportation Consultants
July 1. 1992
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be considered the property of the City of Dublin, and upon request at the
completion of the services 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 by the City, Consultant shall
review the appropriate City ordinances and fee schedules in effect and shall
provide to the persons designated by City for collection of fees, the amount
of such fees to be collected.
9. 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.
10. 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.
11. RESPONSIBLE CHARGE. Consultant shall assign a project
manager(s) to the project for the duration of the project. There shall be no
change in the Project Manager or members of the project team without prior
written approval by the City.
12. CONTRACT ADMINISTRATION. This Agreement shall be
administered by LEE S. THOMPSON ("Administrator"). All correspondence shall
be directed to or through the Administrator or his designee.
13 . Non CES .
Any written notice to Consultant shall be sent
to:
TJKM Transportation Consultants
4637 Chabot Drive Suite 214
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
Agreement with TJKM Transportation Consultants
July I, 1992
Page 2
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Executed as of the day first above stated:
B
"City"
Attest: ~1s1( f ~Iz
i t)\ Clerk....
TJKM TRANSPORTATION CONSULTANTS
~D.~~nz~~~
By
Approved as to form:
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City Attorney
Agreement with TJKM Transportation Consultants
July 1, 1992
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Consultant agrees to provide those engineering services that may be
required by the City of Dublin during the term of this agreement in a prompt,
professional, and workmanlike manner in accordance with the standards of the
engineering profession. All work shall be completed to the satisfaction of
the City Manager. The City may, at its discretion, request performance by
Consultant of any of the following duties:
A. Administrative Duties
1. Perform the statutory responsibilities of City Traffic
Engineer.
2. Analyze the City's traffic engineering needs and reco~nend
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.
4. At the discretion of the 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 other governmental agencies and
when so directed, prepare and initiate application for such
funding.
6. Recommend ordinances and regulations pertaining to traffic
engineering matters.
7. Establish working relationships and coordination with other
public agencies and private utilities involving traffic
engineering matters affecting the City.
8. Provide special engineeri.ng reports as to such related
traffic studies.
9. Give direction to and assist City Staff in performing
traffic studies as necessary and/or required.
10. At the request of the City, recommend solutions to street
design problems.
11. Provide general engineering consultation i.n connection with
traffic circulation, street signs, noise impact, etc.
Exhibit A
Page 1 of 2
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B. Development Review Duties
1. Review proposed developments and make recommendations
pertaining to traffic engineering considerations.
2. Review traffic engineering aspects of planning applications.
C. Capital Projects
Assist the City Manager in the development 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 Consultant 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 the
construction is performed by someone other than the City forces or
the City's designated street maintenance contractor.
D. Designation as City Traffic Engineer
For the term of this agreement, the following employee of Consultant is
designated as City Traffic Engineer:
Chris Kinzel - Registered Traffic Engineer
Exhibit A
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EXHIBIT B
PAYMENT SCHEDULE
Consultant shall be compensated for work as follows:
A. The following work shall be charged at 80 percent of the rates
shown in Exhibit B-l,
General traffic engineering services and studies excluding capital
improvement project design.
B. The following work shall be charged at the rates shown in Exhibit
B-l,
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 the City Manager.
Review of proposed developments and traffic studies for proposed
developments when paid by outside fees.
C. City shall not pay for the cost of commuting from Consultant's
office to Dublin City Offices.
City shall pay Consultant's invoices no later than 30 days from the billing
date providing, in City's estimation, that said invoices are correct and
sufficient backup is attached. City shall advise Consultant within 30 days of
the billing date if said invoices are deemed incorrect.
Exhibit B
Page 1 of 1
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EXHIBIT C
City shall furnish physical facilities such as desks. filing
cabinets. and conference space. as may be reasonably necessary for
Contractor's use while consulting with City employees and reviewing records
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
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. TIME. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Consultant's obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, his agents, representatives,
employees or subcontractors. The cost of such insurance shall be included in
the Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General
Liability coverage ("occurrence" form CG 0001).
(?) Insurance Services Office form nu~)er CA 0001 (Ed. 1/78) coverine
Automobile Liability J 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:
(1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage.
If commercial General Liability Insurance or other form with a
Exhibit D
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July 1, 1992
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general aggregate
limit shall apply
general aggregate
limit.
limit is used, either the general aggregate
separately to this project/location or the
limit shall be twice the required occurrence
(2) Automobile Liability: $500,000 combined single limit per accident
for bodily injury and $100,000 for property damage.
(3) Workers Compensation and Employers Liability: Workers
Compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $500,000 per
accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. At the
option of the City, 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 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 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 prov~s~ons 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.
Exhibit D
Page 2 of 5
July 1, 1992
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(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 of $500,000 City to protect the City against liability
caused by negligent acts, errors or omissions on the part of the
Consultant in the course of performance of the services specified
in this Agreement.
(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. Acceptability of Insurers. Insurance is to be placed with insurers with
a Bests' rating of no less than A:VIII.
F. Verification of Coverage. Consultant shall furnish City with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the City before work
commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
H. The Risk Manager of City may approve a variation of those insurance
requirements upon a determination that the coverages. scope, limits and
forms of such insurance are either not commercially available or that
the City's interests are otherwise fully protected.
5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on 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.
6. ASSIGNMENT PROllIfiITED. 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
Exhibit D
Page 3 of 5
July 1, 1992
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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 subconsultant. Consultant shall
indemnify, defend and hold harmless the City, its officers, officials,
directors, employees and agents from and against any or all loss, liability,
expense, claim, costs (including costs of defense), suits, and damages of
every kind, nature and description directly or indirectly arising from the
Consultant's negligent performance of the work. This paragraph shall not be
construed to exempt the City, its employees and officers from its own fraud,
willful injury or violation of law whether willful or negligent. For purposes
of Section 2782 of the Civil Code the parties hereto recognize and agree that
this Agreement is not a construction contract. 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, or
patent rights by Consultant in the United States or in any other country
without the express written consent of City. City shall have unrestricted
authority to publish, disclose (as may be limited by the provisions of the
California Public Records Act), distribute, and otherwise use, copyright or
Exhibit D
Page 4 of 5
July 1, 1992
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patent, in whole or in 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.
a: (contracts)\tjkm\agrement
Exhibit D
Page 5 of 5
July 1, 1992
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RESOLUTION NO.
-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES
WITH TJKM TRANSPORTATION CONSULTANTS
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, the City of Dublin and TJKM Transportation Consultants have
agreed that said agreement shall be extended for an additional two-year period; and
WHEREAS, no change in charge rates will occur for the 1993-94 fiscal
year;
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."
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement.
PASSED, APPROVED, AND ADOPTED this ___ day of June, 1993.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
a:(contracts)\tjkm\amndreso
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EXHIBIT "A"
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND TJKM TRANSPORTATION CONSULTANTS
FOR TRAFFIC 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 June 9, 1992, to provide traffic engineering services to CITY: and
WHEREAS, CITY wishes to continue contracting for services from
CONSULTANT; and
WHEREAS, an adjustment of fees for services rendered is not necessary
for the ensuing one-year period (July 1, 1993 to June 30, 1994);
NOW, THEREFORE, the parties hereto agree as follows:
Extension of Aareement
The agreement dated June 9, 1992, shall be extended for a two-year period, beginning
July 1, 1993 and terminating June 30, 1995.
CONSULTANT shall have the opportunity to propose a rate increase for CITY's approval
on an annual basis.
CITY OF DUBLIN
Mayor
ATTEST:
City Clerk
TJKM TRANSPORTATION CONSULTANTS
Principal
Date:
a: (contracts) \tjkm\amndment