The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03012005 - C3 TO: BOARD OF SUPERVISORS '�'.�•= .. '-� Contra r _- • AURICE M. SHIU PUBLIC WORKS DIRECTOR ~�.=.:: " .� -: Costa FROM: or.MAU r�4 DATE: March 1, 2005 `'� County �osrA+cour�r SUBJECT: Contract Amendment with TJKM Transportation Consultants, Countywide SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract amendment with.TJKM Transportation Consultants effective February 1St,2005 to increase the payment limit by$75,000 to a new payment limit of$100,000 for ongoing on-call traffic consultant services, Countywide. (All Districts). FISCAL'IMPACT: There will be no financial impact to the General Fund. The estimated contract cost is $100,000 funded by Local Road funds. Continued on Attachment: ® SIGNATUR0 301� RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMEX15ATION OF BOARD COMMITTEE [APPROVELOTHER SIGNATURE(S): ACTION OF B A ON MARCH 01, 2005 APPROVED AS ECOMMENDED) OTHER ❑ VOTE OF SUPERVISORS � UNANIMOUS(ABSENT NONE ) I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered an the minutes of the Board of Supervisors on ABSENT: ABSTAIN: the date shown. WL:EH:je G:1TransEng\2005\BO-TE\BO TJKM.doc ATTESTED: MARCH 01, 2005 JOHN SWEETEN,Clerk of the Board of Supervisors and County Orig.Div: Public Works(TE Division) Administrator Contact: Warren Lai(313 2008) cc: B.Fernandez,TE E.Hu,TE By ,Deputy SUBJECT: Contract Amendment with TJKM Transportation Consultants, Countywide DATE: March 1, 2005 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: TJKM Transportation Consultants are currently providing on-call traffic engineering services for the Public Works Department. Due to recent Department staff changes and increases in traffic engineering projects,professional on- call services are needed. TJKM Transportation Consulting is contracted to review, analyze, and'resolve traffic related issues and to facilitate traffic signal design work throughout the County. CONSEQUENCES OF NEGATIVE ACTION: If the contract amendment with TJKM Transportation Consultants is not approved,various traffic related projects throughout the County cannot be completed in a timely manner. CONSULTING SERVICES AGREEMENT AMENDMENT/EXTENSION AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: Public Works De artment {b} Consultant's Name & Address: TJKM Trans_,artafion Consultants 5900 Inglewood Drive Pleasanton, CA 94588-8535 (c) Project Name, Number & Location: On-Call Traffic Engineering Consultant services (d) Effective Date: September 1, 2004 (e) Payment Limit(s): $25,,000 (f) Completion Date(s): September 1, 2006 (9) Federal Taxpayer's I.D. or Social Security Number: 94-2239515 2. Amendment Date. The effective date of this Contract Amendment/Extension Agreement is February 1, 2005 3. Amendment Specifications. The Contract identified above is hereby amended as follows. 1. Amendment of Pay Limit 4. Amendment of Payment Limit. increase the payment limit b $7_5,000.00 from$25,000.00 to the payment limit of$100,000.00. 5. Signatures. These signatures attest the parties' agreement hereto: AUNTY OF CONTRA COSTA, CALIFORNIA CONSULTANT Public Agency Consultant Idy p� Y . j f By Board of S w �s Chairperson or Designee (Signature and business capacity) RECOMMENDED FOR PP OVAL: B B Y Y Transpo15on Engineering (Signat re andlWsiness capacity) Note to Contractor:For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). Form Approved by County Counsel G:`GrpData\TransEng1WL12004tGeocon Amend ment(#2).doc d h r , f, e 4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. scope of service shall be as described in Appendix A, attached hereto and made a part hereof by this reference. 5. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor, for Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e) exceeds $5,000. When multiple documents or written reports ars the subject or products of this agreement,the disclosure section may also contain a statement indicating that the total contract arnount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) workers' Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of$'1,000,000.00 and a maximum deductible of$.50,.000; and (c) Comprehensive General Liability Insurance, including blanket contractual (or contractual liability)coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles, with a minimum combined single limit coverage of$.500 000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, Contra costa CO ty,its/their governing bodies, officers and employees as additional insureds. Consultant shall Promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in coverage. 8. P!ayment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed. Notwithstanding the foregoing,those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and, if applicable, a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 3. Status.The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for,Completion. unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement no later than the Completion Date(s) listed above. (Page 2 of 2) Record Retention and AuditiM. Except for materials and records delivered to Public Agency, Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Uponrequest by Public Agency, at no additional charge, Consultant shall promptly makesuch records available to Public Agency, or to authorized representatives of-the state and federal governments, at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared-, or obtained in the performance of this Agreement, shall be made available, upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention. Public Agency shall retain ten percent (10%) of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement, submitted final billing, and the Public Agency has found the work to be accurate, the Public Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable. A retention will not be withheld for any "on-call" work. 16. Termination by Public Agency. At its option, Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceasesperforming services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. (Page 3 of 3 ) 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement,'Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County, and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. . 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes' compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment., This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily, by operation of law or otherwise; provided, however, that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement. Any other purported assignment, transfer or sub-contracting shall be void. 21 Subcontract All subcontracts exceeding $25,000 in cost shall contain- all of the required provisions of this contract. Consultant will pay each subConsultant in aCC-%.ordan1C%.e with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans. Consultant shall endorse all plans, specifications, estir-nates, reports and other items described in Appendoix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number. 23. Patents and Copyrights. The issuance of a patent or copyright to Consultant o r any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be required,to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise. 24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents("Indemnitees")from any and all demands, losses, claims, costs, suits, liabilities, and expenses for any damage, injury, or death (collectively "Liability") arising directly or indirectly from or connected with the services provided hereunder which is caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees and costs,the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its governing body, officers, or employees. (Page 4 of 4) t This indemnification clause shall survive the termination or expiration of this Agreement. _' s successors and Assi ns. Except as provided otherwise in section 20 above, this 25. Heirs, � p Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties. Endorsements. Consultant shall not in its capacity��. Public Endors p Y as a Consultant with Public Agency publicly endorse or O ose the use of any particular brand name or commercial product without � Y pp the prior approval of the Public Agency's governing board. In its Public Agency Consultant p Pp capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand p. Y� p Y name or.commercial product in the absence of a well-established and widely accepted scientific basis for such claims-or without the prior approval of the Public Agency's governing board. In its . Public Agency Consultant capacity, Consultant shall not participate or appear in any commercially- produced advertisements designed to promote particular brand name or commercial product, even if Consultant is notp ublicly endorsing a product, as long as the Consultants presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants, the Public Agency's governing board, its officers, or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. Project Personnel. In performing the services under this Agreement, Consultant shall use the (/y�.+��/}ersonnel listed in appendix C, attached hereto and made a part hereof by this reference. 7 . ■ , , a Changes inproject ersonnel may only be made with Public Agencys written consent, and g p Consultant shall notify Public Agency in writing �at least thirty (30) days in advance of any proposed change. An person proposed as a replacement shall possess training, experience and p g . Y credentials comparable to those of the person being replaced. 28. USE THE FOLLOWING PARAGRAPH FOR FEDERAL AID FUNDED PROJECTS ONLY Consultants must give consideration to DBE Firms asspecified in 23 CFR 172.5 e 29. Signatures. These signatures attest the parties' agreement hereto: County of Contra Costa California Approved by County Administrator: � ora � Cif Chi #r. } f L pGvi E K4rFl�.s'.. � � _ a ■ gy•. i r^' ^ Purchasing Designee nee County Administrator Designee Attachments: Appendix A,Appendix B, and Appendix C Form approved by County Counsel (5/00) G:\GrpData\TransEng\Projects\Danville Blvd & Stone Valley Rd - Medians\Traffic Engineer Consulting services\Contract\TJKM Contract.doc (Page 5 of 5) i • ti{ AP •lp .:.. ..: .N� % Aro . _. . :e �e�r�a .��5:� t: .� .��f�Sre:�r�c •c�ea ................ .......... lli iiiiiiiiiiiiiiiiiliiiiiiiiiiiEiiiisiiiiiiiiiiiiiiEii :iiiiiii•• .i.............................. t.. i:: .:t:: .iii., .......... ......... i;iiiliiili�tiiiiiiiiii� ............;:;;ii ..i: ..: ..... .f. .i.. i" ! :4. .:: i::t ....... ::r:: :ilii ..i:: iiii M. •.4 ..:......... ii1 iiiil 2• gg .3•. ii^1'# iiC .:::i:::::: ::: iilli. lii ..... ilii:il:i^l'.l'.::::iii'.:'i '=ii ...... Siiii iiiii :s i. iiii i. "i• i 'iii:i'l'il:llli:iEiiiiliiili:i:l:iiiiEEiiiiliiii;......iii......"i?i'Ei iitl• ..i.. ............. .............. ........................................ .:::::::.:: :::.:.:.::::::::: .. d... iii ................... ................ ........................................................ ................. ..... . ................................................... ... ............... ............................................................................................. ....... .... .. ................. .. I............ .. ..............::::......:::............................................ .:.:................................................................................................ ........... .......... S nchro or CORSIM traffic modeling will be prepared on an as-needed basis. The consultant may be required when necessary to gather traffic data(traffic count, accident/collision analysis) needed to generate accurate traffic simulations for various improvements within the project limit. Typical final pY roduct may include, but are not limited to, visual presentations showing the rendering of the model, visual still-shot displays of the model on display boards (typically 30" x 40" dimensions), and written reports summarizing the model's results. :iii;: ?ii' iiii :iii• �iiiiiii'r'iiiiii�iiiiiiliiiiii":iiiiiiliiiiiiiiiiiiiii^�iiEi iiii:iiiiiiiiiiiii'r'iliiiiii •........ ..........................•..... ..... ......'� :::::^ ........:.. ..; •• ;. ..s•ii`r^lE'iiiiiiiiiiiifilii.......r,.................... ..i.. 1 .:r:• t s i•. :t u.. :t :•c iia• a •a .;i .i :..,is.. :•..it .t. a ii'rriiiiiiiiiiiiiiiiiiiiiiii i :•l :i i ii 'e :.i:: sT {it. s iiiiiiiiliiiii•. 1• i� 't• R ' i s�° :v t• i$ i� �... � iii............:........................................: iiiii..:::.::::::...:................................. v i M. Ei::::E:::::::::::::i::i::::ii::i:::::ii:::::::::::::::•:: i it ln.. ..,.. ........................... ..... ....................... ........................ ......... .............. .......... ................ c�: .................... Traffic planning and traffic analysis-will be provided on an as-needed .basis. The consultant will advise p g Transportation Engineering staff on appropriate traffic improvement measures and construction costs p g given a specific traffic issue on a roadway, and the consultant will be expected to meet frequent deadlines. Typical planning projects include, but are not limited to, traffic congestion relief, traffic lane Yp P g reconfi uration traffic safety improvement, pedestrian safety improvement, and traffic signal timing and modifications. Final deliverables may include, but are not limited to, construction and design cost estimates, traffic improvement recommendations, alternatives analysis, and conceptual drawings. (Page 6 of 6) �s�%o�na1 �r� yc{es �'a�en�t f :ate�s Effective from: Semembex 1, 2004 to September 1, 2006 Job Title Rate-per hour Principal. $ 200/hour Principal .Associate 190/hour Senior Associate 185/hour Associate 150/hour Senior Engineer 130/hour Engineer 120/hour Contracts Director 120/hour Assistant Engineer 110/hour Assistant Planner 80/hour Senior Designer 95/hour Graphics Designer 95/hour Designer 80/hour 40 Technical Staff 75/hour Technical Staff II 30/hour Administrative Staff 75/hour Reimburs.aiegduction Staff 55/hour Mileage: (not to exceed$0.34/mile) $ Packing and Toll,if applicable (attach documentation) Photo Copy Charge: $ Administrative Charge (attach documentation) -List: Page 7 of 7 i or 4 k . P� yr 1. ..41 r� gel Emp. ## Employee Name Job Title 1 Chris Kinzel Principal 140 Erik Bjorklund Engineer 164 Geri Foley Graphics Designer 217 Gary Kruger Principal Associate 221 Gordon Lum Senior Associate 228 Frank Cai Assistant Engineer 250 Rommel Parseh Contracts Director 259 Nanette DiMaggio Administrative Staff 273 Jia Hao Wu Senior Associate 277 Ron Castia Senior Designer 279 Christopher Thnay Senior Associate 296 Dan Harrison Assistant Planner 298 Cherry Xiong Engineer 299 Vishnu Gandluru Assistant Engineer 305 Arun Gajendran Engineer 306 Pratyush Bhatia Engineer 309 David Mahama Engineer 310 Luchie Aldora Administrative Staff 312 Dean Hsiao Associate 313 Bradley Thornton Senior Engineer 320 Joseph Glowitz Associate 330 Evi Pagh Administrative Staff 332 Irene Li Senior Engineer 333 Allen Nie Senior Engineer Santa Rosa 314 Mousa,Abbasi Senior Associate 317 Donna Breidenfield Administrative Staff 319 Andrew Kluter Assistant Engineer Other Employees 38 Jennifer Harvey Administrative Staff 239 Catherine Lum Technical Staff 318 Garry Jowe Technical Staff 321 Eric Minoura Technical Staff 322 Eri Minoura Technical Staff 326 Ran Jowe Technical Staff 328 Brannon Wong Technical Staff 329 Tim McInerneyTechnical Staff 331 Jayson Santos Technical Staff Page M ,`.ft--,. W_,�...� �''t.�`,..�-__y.�.+.—^,`,�•�- ��"4",�tt i-*.:.^"'rte_-''�"{ty":'•...`_K.,��f�1.'�W.;r`�..�,�A,.•.�._J`'.i'=r.it.t__,+r^r ^X XX ,r.�-[J,.�T•`^✓y._.._�'�r::+:r^T;�'✓,ti'•��'�-_'.teft-y.!..�_},f,,..�,J„4�-�....._�y,/�•.._.: ' .`.' ."�.S':f,'w" '.+'` !',='.`.`w �t,'t�,y+\'. ./R .'t` .L•f \'X':•'!. \' .:?`:.'t' \'.A `,'� }?5...' w�;.' 1't•X'!'�'f'+.1.'fy'i .,*tet. 1,.. l'. \' .1`F F5'P:t',1°• .`s :t:=' ^t��*�h/`.^. '! l.'^t-.J3!..!' c. J...'y''�G.:.�«.�..:... •.t.,'tr.' ...... .......f...�...._ ..,"+d.4.: `"�Sc..:� .. ,�,.�`"``. ,..+``... .^.., .,�-t� ,-w.. ..-.mC.......x'.,.+.:.`....Nw._..t__.,.�js....,:, .:.>,"-•._�:, ..it,.!1 I� I State of California f' ss. I County of ALAMEDA I On , before me, i.' I Date Name and Title of officer(e.g.,"Jane Doe,Notary Public") i personally appearedAIA , ' KIAI e W ./,r.�c ,; Name(s)of Signer(s) (. ❑ personally known to me I l M proved to me on the basis of satisfactory evidence I s, I to be the person(s) whose name(s) is/are subscribed to the within instrument and ` MARCELL L. AMIlE� acknowledged to me that he/she/they executed COMM.#14597 the same in his/her/their authorized i; r NOTARY PUBLIC-CALIFORNIA U capacity(ies), and that by his/her/their ; I: ALAMEDA COUNTY signature(s) on the instrument the person(s), or My Comm.Expires July 2I,2008 W the entity upon behalf of which the person(s) acted, executed the instrument. I If `I I WITNESS my hand d official seal. I op I Place Notary Seal Above Signature of Notary Public '1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document ,.41 and could prevent fraudulent removal and reattachment of this form to another document. ;I Description ofAttached Document I:< Title or Type of Do ent: Document Date: Number of Pages: ' it {I Signer(s) Other Than Named Above: �} f Capacity(ies) Claimed by Signer i I` Signer's Name: . c nIC ... I' ElIndividual 6 ( Tap of thumb here I ❑ Corporate Officer--Title(s): ; I, ❑ Partner--❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee I, ❑ Guardian or Conservator ❑ Other: I it Signer Is Representing: I I' 'l LX'Y.�-:l`r`V`_.._ .,.•'tit� ._�`w'._. � .�.. � �. .� � _ WV� _.._ � _._.✓r_ __ — — , - - - -i' -z.�.fi•'�`'ti,� _ .�'."V `--'`�`v..T _... �I 1J 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827