HomeMy WebLinkAboutReso 139-24 Item 5.3 Approving an Amendment to the Agreement with EOA, Inc. for Stormwater NPDES Imp
Reso. No. 139-24, Item 5.3, Adopted 12/03/2024 Page 1 of 1
RESOLUTION NO. 139 – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH EOA, INC. FOR
STORMWATER NPDES IMPLEMENTATION ASSISTANCE
WHEREAS, on April 19, 2022, the City Council adopted Resolution No. 36-22 approving
an agreement with EOA, Inc. for Stormwater NPDES Implementation Assistance; and
WHEREAS, the City and EOA, Inc. mutually desire to amend the agreement to extend the
term to June 30, 2027, and set a not-to-exceed compensation amount of $860,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve the amendment to the agreement with EOA, Inc., attached hereto as Exhibit A to
this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of December 2024, by the following
vote:
AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Docusign Envelope ID: 083641DF-6CF3-410A-AB96-E6A03350484D
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FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
EOA, INC.
WHEREAS, on April 20, 2022, the City of Dublin (hereinafter referred to as
"CITY") and EOA, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting
Services Agreement for Stormwater NPDES Implementation Assistance services (hereinafter
referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2025; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to extend the term through June 30, 2027 by modifying Section 1.1 of the
AGREEMENT, and to increase the not to exceed compensation amount to $860,000 by
modifying Section 2 of the AGREEMENT; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to update the Compensation Schedule & Reimbursable Expenses by replacing
Exhibit B of the AGREEMENT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) The end of the term, set forth in section 1.1 of the AGREEMENT shall be extended
until June 30, 2027.
2) The compensation amount, set forth in section 2 of the AGREEMENT shall be
increased to a sum not to exceed $860,000.
3) Exhibit B shall be rescinded in its entirety and replaced with the attached revised
exhibit.
4) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the CONSULTANT pursuant to the
AGREEMENT, as may have been amended from time to time, shall include coverage
for the amended term, as described above.
6) The individuals executing this First Amendment, and the instruments referenced in it
on behalf of CONSULTANT each represent and warrant that they have the legal power,
right and actual authority to bind CONSULTANT to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Exhibit A to the ResolutionDocusign Envelope ID: 083641DF-6CF3-410A-AB96-E6A03350484D
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN EOA, INC.
By: _____________________________ By: ________________________________
Colleen Tribby, City Manager Ray Goebel, Vice President/Manager of Operations
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
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EXHIBIT B – COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
EOA 2024 FEE SCHEDULE
The following fee schedule covers personnel rates for EOA, Inc. staff.
Our charges are divided into two categories: personnel, and direct expenses. A new fee
schedule is issued at the beginning of each year. Charges for all work, except where other
arrangements have been made, are based on the new schedule of charges.
PERSONNEL
Personnel charges are for any technical, clerical or administrative work necessary to
perform the project. Work tasks include geologic and environmental consulting, engineering
and computer services, regulatory liaison, and report preparation. Personnel rates are as
follows:
Personnel Category Hourly Rates
Principal $320
Senior Managing Engineer/Scientist I $316
Managing Engineer/Scientist III $312
Managing Engineer/Scientist II $294
Managing Engineer/Scientist I $280
Senior Technical Specialist I $270
Senior Engineer/Scientist III – Project Leader $260
Senior Engineer/Scientist/Planner II $236
Senior Engineer/Scientist/Planner I $216
Associate Engineer/Scientist III $206
Associate Engineer/Scientist II $196
Associate Engineer/Scientist I $166
Associate Engineer/Scientist $150
Technician Administrative Manager $130
Clerical/Computer Data Entry $92
Charges for professional services are in increments of one quarter-hour. Depositions/legal
testimony charged portal-to- portal, at 200% of standard rates, with a four-hour minimum
charge. In accordance with California Civil Procedure 2037.7, where applicable, the
minimum fee must be paid prior to commencement of testimony. Preparation for court cases
is charged on a time-and-materials basis as outlined in this fee schedule.
DIRECT EXPENSES
Reimbursement for expenses directly related to services provided will be charged at cost
plus 10%. Examples of such direct expenses include:
•Costs of sub-consultants or subcontractors
•Costs of special fees (insurance, permits, etc.)
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•Costs of copying, drafting, blueprints, etc. (EOA copies charged at $0.10 each for
B&W, $0.35each for color. Large format $0.15/sq ft for B&W, $0.50/sq ft for color)
•Costs of color map production supplies (color ink and large format paper)
•Costs or rental of special equipment. Daily use fees of monitoring equipment charged
at the following rates:
o Single-parameter field meter - $10/day
o Multi-parameter field meter and sonde - $100/day
•Costs of authorized travel and related expenses
•Costs of laboratory analyses
INVOICES
Invoices are prepared and submitted on a monthly basis, as either final or progress billings
and are payable upon receipt unless prior arrangements have been made. Interest of 1-
1/2% per month, or the maximum rate allowed by law, is payable on accounts not paid
within 30 days.
All CPI increases shall be calculated by Consultant and requested for adjustment each May,
effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San
Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be
submitted to the Public Works Management Analyst, or their designee, for approval prior to
taking effect. Remit invoices to PWInvoices@dublin.ca.gov
Docusign Envelope ID: 083641DF-6CF3-410A-AB96-E6A03350484D