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Home My WebLink About10-03-1984 CITY COUNCIL STAFF REPORTSCITY OF SARATOGA A(rENDA BILL NO. j01f DATE: 9/27/84 (10/3/84) DEPARTMENT: Community Development SUB, =, : Rt 85 Traffic Consultant Contract Initial: Dept. Hd. C. Atty C. Mgr. Issue SuIInnary You have approved the firm of TJKM to provide consulting services relative to the Rt 85 alternative study. They have submitted a contract for that work that conforms to your discussions with them. Recommendation Approve and authorize execution of this consultant contract. Fiscal Impacts Not to exceed $14,500 for the first phase work. Exhibits /Attachrmnts Contract Council Action 10/3: Approved 5 -0. A G R E E M E N T THIS AGREEMENT is made and entered into day of October, 1984, by and between the CITY OF SARATOGA, a unicipal corporation (hereinafter referred to as "City "), and TJKM TRANSPORTATION CONSULTANTS, 4637 Chabot Drive, Suite 214, Pleasanton, California 94566 (hereinafter referred to as "Consultant "). W I T N E S S E T H: WHEREAS, Consultant is a qualified transportation consultant; and WHEREAS, the City desires to utilize the time and expertise of a transportation consultant to assist the City in evaluating the impacts of the proposed development within the Route 85 corridor (hereinafter referred to as "Project "); and WHEREAS, the Consultant possesses the necessary expertise, and will make the commitment necessary to complete the Route 85 evaluation in accordance with the City's wishes; NOW, THEREFORE, City and Consultant agree as follows: 1. Employment of Consultant City agrees to employ Consultant and Consultant agrees to perform the professional transportation services for City in accordance with the provisions hereinafter contained in this agreement. 2. Consultant's Services Consultant shall diligently and expeditiously provide professional transportation assistance to the City as necessary to complete Project. Professional transportation assistance shall include, but not be limited to, the following: Provide all services described in attached Appendix A entitled "TJKM /EARTH METICS SUMMARY OF PHASE 1 WORKSCOPE CITY OF SARATOGA RT.85 CORRIDOR ANALYSIS ". Consultant also agrees to provide all services contained in "Statement of Work" pages 5, 6 and 7 of Consultant's proposal dated August 31, 1985. 3. Sufficiencv of Work Consultant agrees that all professional work shall be adequate and sufficient to meet the purposes for which it is performed. Consultant represents to City, and City ,is relying upon the representation, that his work will conform to the professional standards normally exercised by professional traffic engineering and environmental consultants in the State of California. -1- 4. Title to Work All documents, data, studies, surveys, drawings, maps, and reports furnished to Consultant by City, as well as all such documents, data, studies, surveys, drawings, maps, and reports prepared by Consultant under this agreement, shall be considered the property of the City and shall be turned over to the City at the completion of the services to performed. 5. City Furnished Items City shall furnish as information, documents, which it may have. 6. Subcontractor requested by Consultant all pertinent data, studies, surveys, maps, and reports Consultant agrees to subcontract with the firm of Earth Metrics, Incorporated to provide-the necessary environmental services to complete the scope of services. 7. Payment For the services to be rendered hereunder, City shall pay Consultant the amount of Fourteen Thousand Five Hundred Dollars ($14,500.00). Consultant shall bill the City by invoice for work actually .performed no more frequently than monthly, and 6ityshal��. Appendix B and Appendix C contain the current billing rates of TJKM and Earth Metrics. 8. Term The term of this agreement shall begin on the date of this agreement and end upon completion of the Consultant's Services described in Section 2 of this agreement. Consultant agrees to submit a draft report specified in Task 1 of Phase I within approximately two months of the date of this agreement. In the event that City determines that delays caused by parties other than the Consultant do not allow the Consultant to complete all Tasks of Phase I by October 1, 1985, the City and Consultant agree to renegotiate the terms of this agreement, if requested by either party. 9. Termination for Convenience of City City may terminate this agreement at any time by mailing a notice in writing to Consultant that the agreement is terminated. No further work shall be performed by Consultant upon receipt of the notice of termination. The agreement shall be deemed terminated upon receipt of the notice by the Consultant or two (2) days following the mailing of said notice, whichever is earlier. In the event the agreement is so terminated, Consultant shall be paid for the time spent up to the time the agreement is deemed terminated. -2- 10. Non - Assignability The agreement shall be deemed personal to Consultant, and Consultant shall not assign, sublet or transfer this agreement or any interest or obligation therein without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Provided, however, claims for money due or.to become due to the Consultant from the City under this agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any said assignment or transfer shall be furnished promptly to City. 11. Waiver In the event that either City or Consultant shall at any time or times waive any breach of this agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this agreement, whether of the same or any other covered condition or obligation of this contract. 12. Independent Contractor In the performance of the obligations set forth in this agreement, Consultant shall have the status of an independent contractor and shall not be considered to be an employee of the City for any purpose. 13. Notices All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows: TO CITY: City Manager City of Saratoga 13 7 r ' e Avenue Sa- rlatoga, CA 95070 TO CONSULTANT: TJKM 4637 Chabot Drive, Suite 214 Pleasanton, CA 94566 Any change of address shall be prompted reported to the other party and such new address shall take the place of the above - listed address for the purposes of this agreement. -3- 0 THIS AGREEMENT is entered into as of the day and year first above written. CONSULTANT: TJKM a California Corporation By CM/W "• lewwrt hris D. Kinzel APPROVED AS TO FORM: By City Attorney -4- CITY: CITY OF SARATOGA a Municipal Corporation By ATTEST: City Clerk APPENDIX A TJKM /EARTH METRICS, INC. SUMMARY OF PHASE I WORKSCOPE CITY OF SARATOGA RT. 85 CORRIDOR ANALYSIS APPENDIX A TJKM /EARTH METRICS, INC. SUMMARY OF PHASE I YORKSCOPE CITY OF SARATOGA RT. 85 CORRIDOR ANALYSIS TAS K 1. PROJECT START UP AND ISSUE PAPER a. Project.Start Up b. Project Overview and Issue Summary Paper - Caltrans Process and Schedule - Summary of Transportation Issues - Summary of Environmental Issues - Sensitivity Discussion on Major Corridor Elements - Summary of Applicable Laws and Procedures - Recommendations on Preliminary Areas of Community Emphasis 2. ONGOING CONSULTATION Attend up to 13 person- meetings involving City staff, City Council, public hearings, Caltrans. 3.* SARATOGA RT. 85 DATA REVIEW 4.* EVALUATION OF TRANSPORTATION AND ENVIRONMENTAL IMPACTS OF 5.* EVALUATION OF ADEQUACY OF CALTRANS ENVIRONMENTAL STUDIES 6.* PHASE I REPORT * Completion of task dependent on availability of Caltrans data and studies. APPENDIX B TJKM HOURLY RATE SCHEDULE TJKM HOURLY RATE SCHEDULE Principal $90 Principal Associate 78 Senior Associate 74 Associate 69 Senior Traffic Engineer 65 Senior Transportation Engineer 65 Traffic Engineer 55 'Assistant Traffic Engineer 44 Traffic Engineering Assistant 39 Technician II 34 Technician I 22 Senior Draftsman 34 3� Draftsman 29 Secretarial 32 ZS�S Computer 30� �ile. Above rates include standard overhead items. Travel costs are billed at 30 cent I' Outside services are billed at cost plus 10 percent for handling. Unless otherwise noted, total fee quoted is an estimated maximum. TJKM reserves the right to invoice additional costs incurred, following notification of client. Unless otherwise specified, attendance at meetings to present or discuss study findings is not included in basic fee and is invoiced per this schedule. Invoices are due and payable within 30 days. Invoices paid after 30 days will be subject to separate billings of 1 -1/2 percent per month of unpaid balance. Late charges are not included in any agreement for maximum charges. Expert witness charges available on request. Effective March 1, 1984. APPENDIX C EARTH METRICS INCORPORATED TIME AND MATERIALS RATES EARTH METRICS INCORPORATED TIME AND MATERIALS RATES Earth Metrics hourly time rates are: Senior Environmental Scientist II $105.00 Senior Environmental Scientist I 69.90 Environmental .Scientist III 48.26 Environmental Scientist II 34.14 Environmental Scientist I 24.95 Environmental Technician 19.90 Earth Metrics materials rates are: Mileage $ .20 /mile Printing .10 /page Other direct costs at cost 3 -1- 84/8648