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HomeMy WebLinkAboutItem 4.15 ZumwaltEng AmendAgt CI'TY CLERK File 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: 3une 17, 2003 SUBJECT: Amendment to Agreement (Two-Year Extension) with Zumwalt Engineering Group for Engineering Services Report Prepared by: Lee S. Thompson, Public I4/orks Director ATTACHMENTS: 1) Resolution and Proposed Amendment (2-Year Extension) 2) Letter from Zumwalt Engineering Group 3) Current Agreement and Amendments RECOMMENDATION: ~. _r-~Adopt resolution approving amendment to the agreement extending r ~/~%- the term for an additional two years, terminating June 30, 2005 FINANCIAL STATEMENT: Under this agreement, Zumwalt Engineering Group provides general engineering services to the City based on the adopted rate schedule. The bulk of work performed by Zumwalt Engineering Group is in the area of private development review and plan checking, and the costs are paid by developers. No rate increase is proposed for the first year of the agreement. DESCRIPTION: The City has contracted with Zumwalt Engineering Group since 1997 for general engineering services. The scope of work has primarily been in the area of private development review, and, to a lesser degree, Capital Project design. The agreement with Zumwalt Engineering is for a two-year term, with Fiscal Year 2002-03 being the second year of the agreement. This amendment will extend the effective date of the agreement for an additional two years, terminating June 30, 2005. The amendment contains a provision stating that the consultant shall be entitled to a request for a rate adjustment for the second year of the agreement. Zumwalt is not requesting a rate adjustment at this time; consequently, the rates for Fiscal Year 2002- 2003 will remain in effect for Fiscal Year 2003-2004. Zumwalt Engineering Group uses two rate schedules for the City of Dublin. The first schedule is the standard rate schedule for work performed in Zumwalt's offices on City projects. The second rate schedule is the "Staff Augmentation Fee Schedule". These rates are lower and cover work performed by Zumwalt staff in the City's offices. The bulk of the work currently being performed by Zumwalt personnel is charged at the Staff Augmentation rate. Work performed by Zumwalt Engineering to date has been satisfactory, professional, and competitive, and Staff recommends that the City Council adopt the resolution approving amendment to the agreement extending the term for an additional two years, terminating June 30, 2005. COPIES TO: James Zumwalt, Zumwalt Engineering ITEM NO. ~ G:~engr-contractkzumwalt\agstamend 03-04.doc t ~ ¢ ~ RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH ZUMWALT ENGINEERING GROUP WHEREAS, the City of Dublin, State of California, entered into an agreement with Zumwalt Engineering Group on July 7, 1997; and WHEREAS, City and Consultant are desirous of continuing the agreement for an additional two- year period; and WHEREAS, Consultant is not requesting an adjustment of rates for Fiscal Year 2003-2004 and the rate schedule for Fiscal Year 2002-2003 shall remain in effect; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with Zumwalt Engineering Group, 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 17th daY of June, 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk glengrlzumwallresoamend03-04 ! EXHIBIT "A" OF RESOLUTION -03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter refen'ed to as "CITY") and Zumwalt Engineering Group (hereinafter referred to as "CONSULTANT"), entered into an agreement on July 7, 1997, to provide engineering services to CITY: and WHEREAS, the City and the Consultant wish to extend the term of agreement for an additional two years, terminating June 30, 2005; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the 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, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or City gives written notice of termination. Adjustment of Rates The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2003-2004. Consultant shall be entitled to request a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN Mayor ATTEST: City Clerk ZUMWALT ENGINEERING GROUP James W. Zumwalt, Principal Date: g:engr contractkzumwalt\amendment03 -04 EXHIBIT 1 TO AGREEMENT AMENDMENT ZUMWALT ENGINEERING GROUP 2003-2004 CHARGE RATE FEE SCHEDULE The compensaion ofZumwalt Engin~ring Group for work done will be on the basis of an hourly oharge rate, plus inmarred expenses and will be the sum of all the items set forth below: A. PERSONNEL SERVICES PRINCIPAL $t44 I-IK SIYPEKVISING ENGINEEtl I38 i-IR SENIOR ENGINEER 127 I-IR' ASSOCIATE ENGINEER 112 I-IR ASSISTANT ENGINEER - 96 HR FIELD REPRESENTATIVE 89 I-IR PROJECT MANAGEMENT ANALYST 89 I-IR TECHNICIAN/CAD OPERATOR 84 HR PROJECT MANAGEMENT ASSISTANT 70 HR CLERICAL / OFFICE SUPPORT 53 .HR TWO-MAN SURVEY CREW 191 HR Rates for individuals may vary depending on the service performed. EFFECTIVE THROUGH JUNE 30, 2003 AND SUBJECT TO REVISION A2qNUALLY B. TRANSPORTATION EXPENSES t. Thirty-six and ½. cents (0.3 65) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will be charged for uss of~ehicles used for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D; MISCELLANEOUS EXPENSES t. The, invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of 15%. All oU~-of-pockm expenses not included in Items A, B and C wilt be included in.tiffs category. ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 200'3-2004 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt~.Engineering Group.f0r work done will be on' the basis of an hourly .charg~ rate, plus incurred expenses and will. be ~he sum of all the iteazs set forth-.below: A. MUNICIPAL STAFF AUGMENTATION SERVICES PRINCIPAL $110 HR. SENIOR ENGINrEER 105 HR PROJECT ENGINEER/SURVEYOR 99 HR ASSOCIATE ENG]INEER 93 HR SENIOR DESIGNER 93' HR PROJECT tvLA~AGElVfENT ANALYST 80 FIR STAFF ENGINEER 80 HR FIELD REPRESENTATIVE 80 H2R CAD DESIGNER '80 HR ,PROJECT M_Z~AGEMENT ASSISTANT 68 HR TECHNICIAN/CAD OPERATOR 59 i-IR CLERICAL / OFFICE SUPPORT 48 HR EFFECTIVE THROUGH YUNE 30, 2003 AND SUBJECT TO REVISION ANNUALLY B, TRANSPORTATION EXPENSES 1'. Thirty, six and ½ cents (0.365) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will. be charged for use of vehicles used for field inspection and supervisior~ C, oUTSIDE SERVICES 1. Invoice eom of services and expenses charged ~o Zumwatt Eng/neering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. IVIISCELLANEOUS EXPENSES 1. The invoice cost of materials, supplies, reproduction work, and.other services procured by Zumwalt ' Eng/neering Group from outsid6 sources, plus a handling charge of 15%. All out-of-pockeI expenses not included in Items A, B and C will be included in this category. ZUMWALT ENGINEERING GROUP Civil Engineering/Project Management · 2680 Bishop Drive, Suite 150 · San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 www. zeginc.com February 7, 2003 Mr. Lee S. Thompson Public Works Director CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 Subject: Proposed. Rates for Fiscal Year 2003-2004 Dear Mr. Thompson: This letter is in response to your January 15, 2003 letter requesting our proposed contract rates for Fiscal Year 2003/2004, as well as any proposed contract, personnel or service level changes. We are satisfied with our current rate schedule and contract, and therefore are not requesting any changes for Fiscal Year 2003/2004. Furthermore, we propose to provide the City with. 'the same personnel, and services level as we are currently providing. We appreciate the opportunity to be of service to the City of Dublin. Very truly yours, ZUMWATL ENGINEERING GROUP A California~Corporation Principal AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt Engineering Group (hereinafter referred to as "CONSULTANT"), entered into an agreement on May 20, 1997, to provide engineering services to CITY; and WHEREAS, the City and Consultant have extended the term of agreement until June 30, 2003, with the provision that Consultant is allowed to request a rate adjustment after the first year of the term; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2002-2003; NOW, THEREFORE, the parties hereto agree as follows: Adjustment of Rates The rate schedule attached hereto as Exhibit i shall be in effect for Fiscal Year 2002-2003. The amendment to the agreement shall have a not-to-exceed limit of $550,000 for Fiscal Year 2002-2003. CITY OF DUBLIN / ~Mhyor' ZUMWALT ENGINEERING GROUP /~,rkmes w. Zum~lt, Principal =:en~,r-sontractkzumwalt\amendment 02-03.doc EX~IBIT "A" OF RESOLUTION /,50-01 A2VIENDMENT' TO AGREEMENT BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROU~ FOR ENGINEERING SERVICES WHEREAS, the City of Dublin Cnereinaf~er referred to as "CITY") and Zurnwalt Engineering Group (hereinafter referred to as "CONSULTANT"), entered imo an agreement on July 7, 1997, to provide engineering services to CITY; -and WHE~AS, said agreement was amended to extend' the effective date .through June 30, 2003; and WltEREAS, the amendment and rate.schedule approved for Fiscal Year 200!-02 does not include the position of Project Management Assistant; and WHEREAS, the City is proposing to utilize the position of Project Management Assistant; NOW, THEREFORE, ~ he parties hereto agree as follows: Addition of Proieet Coot tinator Rate The approved rate sched'~le for 2001-02 shall be amended to add a charge rate for Project Coordinator of $65.00 pe hour. CITY OF' DUBLIN ~ayor ATTEST:. ~ ' ZUMWALT ENGINEERING GROUP .. Date: g:engr aontraotkzumwalt',e~mcndment proj ¢oor, d EXHIBIT "A"-og RESOLUTION [/,~L -01 A~rEt,m~ TO A6mmM~:m: CtTY o~ ~L~ ~ Z~~T ~N~~G ORO~ FOR ENG~EE~NG SER~CES . WE[E~AS, the ~City of Dublin. ('hereinafter referred to as '"CITY") and Zumwak Engineering GroUp (hereinafter re'fetred to as "CONSULTANT"), entered into an agreement on July 7, 1997, to provide engineering Services to CITY: and WltEREAS, the City and the Consultant wish to extend the term of agreement for an additional two years, terminating June 30, 2003; NOW, TI-IE.RIg: FORE, the.parties hereto a~ee as follows: ExtensiOn of Term The :term.. bf agreement shall be ~til.~e, 3,0; 2003;" Adjustment of Rates The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Ydar 2001-2002. Consultaut shall be entitled to request a further adjustment of rates for the second year of the agreement germ. CITY OF DUBLIN ATTEST: ' ZUMWALT ENGINEERING GROUP g:engr contrac~%zumwatt\amendment01 EXHIBIT 1 OF AMENDMENT TO AGREEMENT ZUMWALT ENGINEERING GROUP 2001-2002 PROPOSED CLASSIFICATION RATE Principal/Supervising $ .106.00 Engineer Senior Engineer 101.00 Project 95.00 Engineer/Surveyor Associate Engineer 89.00 _- Senior Designer 89.00 Staff Engineer 77.00 Field Represntative 77.00 CAD Designer 77.00 Technician/CAD Operator 57.00 Clerical 46.00 Student intern 38.00 g:engr~zumwalt\Exh[bit 1 amendment ..... ,xamxT "A" or AMEND3/IENT TO AG~E~NT BE~EN C~ OF D~ ~ Z~~T ENG~E~G GRO~ FOR ENG~E~G SER~CES ~~AS, the CiW of Dub~ (herein~er refe~ed to as ",C~Y") mud Zumw~t En~eefing ~oup Cere~er refe~ed to as "CONS~T~T~'), entered ~to m a~eement on 'J~y 7, 1998, to pro. de en~ee~g se~ces to CITY: ~d ~~AS, ~e Ci~ ~d the C°~k~t have e~mded the tern of a~eement 'for ~ addifionfl ~o yem, te~n-a~g J~ 30, 2001; and. W~AS..Consult~t has requested ~. adjusment of rges for Fisc~ Ye~ 2000-200 I; NOW, ~~FO~, ~e p~ies hereto a~ee as renews: Adjusment of Rates The.rate schedule a~ached hereto m E~bit 'i sh~ be h effe~ for Fisc~ Ye~ 2000-20010 The agreement sh~ have a not-to-exceed ~t of $550,000 for Fisc~ Ye~ 2000-2001. CITY'.OF DUBLIN (} Mayor ZUMWALT ENGINEER/NG GROUP f./fa~es W. Z~t, ~fincipa[ ". ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 2000-200'1 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. MUNICIPAL STAFF AUGMENTATION SERVICES PRINCIPAL $ 97 HR SENIOR ENGINEER 92 HR PROYBCT ENGINEER/SURVEYOR g7 HR ASSOCIATE ENGINEER 81 HR SENIOK DESIGNEK 81 HR STAFF ENGINEER 70 HR FIELD REPRESENTATIVE 70 HR .CAD DESIGNER 70 HR TECHNICIAN/CAD OPERATOR 52 HR ~.' CLERICAL / OFFICE SUPPORT. 42 HR EFFECTIVE THROUGH JUNE 30, 2001 AND SUBJECT TO REVISION ANNUALLY B.. TRANSPORTATION EXPENSES 1. Thirty-five cents (0.35) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles uSed for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged ha connection with the order, plus 15% handling Charge. D. MISCELLANEOUS EXPENSES l. The invoice cost of materials, supplies, reproduction wbrk, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge, of t 5%. All out-of-pocket expenses not included in Items A, B and C will be included in this category. EXlt~IT "A" · OF RESOLUTION NO. 127'- 99 FOR ENGINEERING SERVICES Wl:rEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt Engineering Group (hereinafter referred to as "CONSULTANT"), entered into an agreement on July 7, t998, to provide engineering serv/ces t© CITY: and ' ' WI:rEREAS, said agreement was amended .in April of 1999 .to extend the not-to-exceed 1/mit for Fiscal Year 1998-99; and W~REAS, the City and the Consultant wish to extend .the term of a~-eement for an additional' two years, terminating June 30, 2001; and WltEREAS, Consultant has requested, an adjusmaent of rates for Fiscal Year 1999-2000; NOW, TBI~REFORE, the parties hereto agree as follows: Emension of Term The term of agreement shall be until June 30, 2001. Adjustment of Rates The rate schedule attached, hereto as Extzibit 1 .shall be in effect for Fiscal Year 1999-2000. C0nsukant shall be entitled to request a further adjustment of rates for .the second year of the agreement mrm. 'The agreement shall Imve a not-to-exceed limit of $550,000 for Miscal Year t999-2000. .- Mayor ~ ' ATTEST:.. ZUMWALT ENGINEERLNG Gt:*.OUP e s w. zu, A Ka/G/7-6-99/zumwalt-ex-a.doc EXHIBIT 1 page I of 2 ZUMWALT ENGINEERING GROUP CHARGE RATE FEE SCHEDULE FOR FISCAL YEAR 1999-2000, The compensation of Zumwatt Engineering Group for Work done will. be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. PERSONNEL SERVICES PRINCIPAL $123.00 SUPERVISING ENGINEER .$118.00 SENIOR ENGINEER $108.00 ASSOCIATE ENGINEER $ 97.00 ASSISTANT ENGINEER $ 82.00 FIELD REPRESENTATIVE $ 77.00 TECHNICIAN/CAD OPERATOR $ 72.00 CLERICAL/OFFICE SUPPORT $ 46.00 TWO-MAN SURVEY CREW $164.00. . Rates for individuals may vary depending on the service performed. EFFECTIVE THROUGH JUNE 30, 2000 AND SUBJECT TO 'REVISION ANNUALLY B. TRANSPORTATION EXPENSES Thirty-five cents ($0.35) per mite for use of vehicles. A minimum of six doliacs ($6.00) per hour will be chargea for use of vehicles carrying field equipment or used for field inspection and supervision. C. OUTSIDE SERVICES Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES The invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Gro_up from outside sources, plus a handling charge of 15%. Alt out-of-pocket expenses not included in items A, B and C will be included in this category. EXHIBIT 1 page 2 of 2 ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION CHARGE RATE FEE SCHEDULE FOR FISCAL YEAR 1999-2000 The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and wilt be the sum of all the items set forth i2etow: A. PERSONNEL SERVICES PRINCIPAL $95.00 SENIOR ENGINEER $90.00 PROJECT ENGINEER/SURVEYOR $85.00 ASSOCIATE ENGINEER $79.00 · SE NIOR DESIGNER $79.00 STAFF ENGINEER $68.00 .FIELD REPRESENTATIVE $68.00 CAD DESIGNER $68.00 TECHNICIAN/CAD OPERATOR $51.00 CLERICAL $41.00 Rates for individuals may vary depending on the service performed. EFFECTIVE THROUGH JUNE 30, 2000, AND SUBJECT TO REVISION ANNUALLY B. OUTSIDE SERVICES invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handiing charge. C. MISCELLANEOUS EXPENSES The invoice cost of materials, suppiies~ reproduction work, and'other services procured by Zumwalt Engineering Group fromoutside sources, plus a handling charge of 15%. Ail out-of-pocket expenses not included in Items A and B will be included in this category. EXHIBIT "A' OF RESOLUTION AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zurnwalt Engineering Group (hereinafter referred to as "CONSULTANT"), entered into an agreement on July 7, t 998, to pro~,ide.engineering services to CITY: and WHEREAS, said agreement was amended in April of 1999; and WHEREAS, the City's current workload requires an increase in the not-to-eXceed mount; NOW, THEREFORE, the parties hereto agree as followsf Increase of Not-to-Exceed Amount Paragraph One of Exhibit B of the Agreement is amended to rex4se the not-to-exceed amount to $615,000. CITY OF DUBLIN "Mayor ZUMWALT ENGINEERING GROUP WHEREAS, the Cify of Dublin (hereinafter referred to as "CITY") and Zumwalt Engineering Group (hereinafter referred to as "CON.SULTA.NT"), entered into an agreement on May 20, 1997, to provide engineering services t0 CITY: and WHEREAS, said agreement was' amended in March of 1998; and WHEREAS, an adjustment of rates and extension of term are proposed; NOW, TI~.REFOllE, the parties hereto agree as follows: : Kate Schedule The schedule of rates for Fiscal Year 1998-99 shall be as delineated in the attached Exhibk "A" (Standard Kates and Municipal Au_mnentation Rates). The total expenditure for these services for FiseaI Year 199809 shall not exceed $500,000. ' Extension of Term The term of the agreement shall be extended to coincide wkh the end of the 1998-99 Fiscal Year; i.e., until June 30, 1999. CITY OF DUBLIN ZUMWALT ENGI2qEER.tNG GROUP James W. Zumwalt, Principal Date: ZUNIWALT ENGINEERING GROUP CHARGE RATE FEE SCHEDULE FOR FISCAL YEAR 1998-9@ · The compensation of Zumwak Engineering Group for work done will be on the basis of an hourly charg= rote, plus incurred expenses and will be thc sum of all the items set forth below: A. PERSONNEL SERVICES PP,]~CL°AL $120 F]~ SUPSR. VIS]~qG SI'4G~ 11 $ HR. SENIOR ENGINK~.R 105 FiR. ASSOCIATE ENGINEER 95 I-IR ASSISTANT EiqG]lq~A'R 80 !-IR. Fr~r.n REPR]ESENTATIVE 75 I-IR TECHlqlCIA/q / CAD OPERATOR 70 I-IR ~LEP, ICAL / OFFICE SUPPORT 45 HR ,~-' TWO-MAN SURVEY' CREW 160 HR Pates for individuals ma3' vary depending on the s~rvica performed. EFFECTIVE THROUGt-! JLEqE 30 , 1999 A_ND SUBJECT TO REVISION ANNUALLY B, TRANSPORTATION EXPENSES l. Th/rtT-five cents (35) per mile for use ofveMcles. A minimum of six dollars ($6.00) per hour,,vHi be charged for use of vehicles carrying field co. Uipmen~ or uscxt for field inspection and.supervision. C. OUTSIDE SERVICES i. Invoice cost of serviceS and expenses charged to Zumwak Engine~rin§ Group by outside consultants, .~ndlmg ~h~ g~. professionS, or ~cb~dca[ ~ engaged ~ conn~Qon with th~ order, '-~"~ t5% ~ '- ~ "~ D. MISCELLANEOUS EXPENSES " l. Tne invoice cost of materials, supplies, reproduction work, and other services procured by Zumwak Engineering Group from outside sources, plus a handling charge of 15%. All out-of-pocket'expenses not included in Items A, B and C W/il be included in this category. ZU1VIWALT ENGINEERING GROUP · MUNICIPAL STAFF AUGMENTATION 1998-99 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt ]Engineering Group for work done will be on the basis .of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. MUNICIPAL STAFF AUGNIENTATION SERVICES PRINCIPAL $ 93~ I-IR SENIOR ENGINEER 88. I-IR PRO/ECT ENGINEER/SURVEYoR 83 ASSOCIATE ENGINEER. 77 l-~ SENIOR DESIGNER 77 STAFF ENGINEER 66 FI~ELD REPRESENTATIVE 66 HR CAD DESIGNER 66 TEcHNIcIAN/CAD OPERATOR 50 CLERIC~ / OFFICE SUPPORT 40 l-IR EFFECTIVE THROUGH IU, NE 30, 1999 AND SUB/ECT TO REVISION ANNUALLY TRANSPORTATION EXPENSES I. 'FainS,~rr~a~'~~¢r mi~wtTor us~ of whidres. A mi,~i~nuan of-six-d~ltar~ ($6.00) ~t~~sc Of vo~~ld:~o~up~en. ~eiet~) C. OUTSIDE SERVICES 1. Invoice cost of scrvicea and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with'the order, plus I5% handling charge. D. MISCELLANEOUS EXPENSES 1. The invoice cost of materials, supplies, reordduetion work, and other services procured by Zumwalt Eng'Lucer:mg Group from Outside sources, plus 'a handling charge of-.15%. Ail out-of-pocket expenses not included in Items A, B and C will be included in'this category. EXIIIBIT "A" OF RESOLUTION' 27 -98 · . A1VIEND/VIENT TO AGREE1ViENT BETWEEN-CITY OF DUBLIN. AND ZU1VIAYALT ENGINEERI]NG GROUP 'FOP, ENGINEERING SERVICES WHEREAS, the City of Dublin (hereina/ier referred to as "CITY") and Zumwalt Engineering Group .(here~afler referred to as "CONSULTANT"), entered into an agreement iOn May 20, 1997, tO provide engineering services to CITY: and. WItEREAS, said agreem.ent progided .that the· cost of work performed under the agreement Would not exceed $t00,000; and WFrEREAs, the City's current workload requires an increase in the not-to-exceed amount; NOW, TI:rE~FO~, the parties hereto agree as follows: increase of Not to Exceed .4anount Paragraph One of Exhibit B of the Agreement is amended to revise the Not to Exceed amount to $366,000. Extension of Term The term of the ggreement shall be extended to coincide with the' end of the 1997-98 ]Fiscal Year, i,e., until June 30, 1998.' ' CITY OIr DUBLIN ZLRV!W,~T ENGINEERING GP,.OIJ'P ZUMWALT ENGINEF. RiNG GROUP 1998 CHARGE RATE FF.E SCHEDULE The compensn~ion of Zumwak Engineering Group for work done v4H be on ~g b~is of ~ booty' ch~g~ ra~c, pl~ ~c~d expe~s ~d ~ be ~e s~ of ~ ~e k~ s~ ~o~ belo~v: A. PERSOnnEL SE~VICES P~C~ ~t I5 ~ .. S~2~S~O ENO~. 105 ~ SE~OR EN~ 95 ~ ASSOC~ ENG~ 85 ~ ASSIST~ ~G~R 75 ~ F~ ~P~SE~ATI~ 70 ~. TEC~C~ / C~ OPE~TOR 65 ~ C~C~/.O~ICE S~pORT 45 ~ TWO-~ S2~Y C~W 160 ~ Ra~s for ~vidu~s ~y v~ d=pen~g on ~ s=~{c~ p~o~d. E~ECTI~ ~OUOHDECE~ 31,-1998 ~ S~CT TO ~SION ~~LY S. TRANSPORTATION EXPENSES i. Thir .w...-five =nfs (..02) per mi!e for use of vehicles. A minimum of sLx dollars (S6.00) per hour will be charged for use of vehicles carrying field equipment or used for field'inspection and supervision C. OUTSIDE SERVICES i. Invoice cost of services and expenses charged to Zumwalt Eng/neering Group by outs/de consu/tants: professional, or t~hnical firms engaged/n cormection with the order, plus 15% handling charge. D. I~!SCELLANEOUS EXPENSES i. The invoice' cost of mater/a/s, supplies, reproduct_/on work. and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of I5%. Ali out-of-pocket expenses not ~ included in Items A, B and C wi//be included in this category.. ~ STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of /~-~/ '~/~7, 1997~ by and between the CITY OF DUBLIN, a .municipal corporation ("City"), and ZUMWALT.ENGINEERING GROUP ("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 Exf.'kbit B, then according to the usual .and custo£~ary procedures and prac~. ,~Idch Consultant uses for .billing ctients simil~ to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Extfibit 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 mad 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 th_is Agreement. tn the event of any inconsistency between said general p~c 'Asions and any other terms or conditions of this Agreement, the other term or condition shall control inso±k as it is inconsistent with the general provisions. 5..EXHIBITS. Ali ex/rfibits referred to herein are attached hereto and are by ti-tis 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 shail be. subcontracted without written authorization by the City, except that wh/ch .is expressly identified in ~..: 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 mount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendmems to this Agreement .only when in writing. 8; R_ESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in ~e Project Manager or members of the project Agreement Page 1 of 2 06/02/97 team without prior written approval by the City. The Project Manager for Consultant shall be JAMES ZUMW~LT. 9. CONTRACT ADMINISTRATION.. This Agreement shall be administered by LEE S. THOMPSON ("Admirfistratoi?). Ali correspondence shall be directed to or through the Administrator or his or designee, 10. NOTICES. Any written notice to Consultant shall be sent to: Zumwalt Engineering Group .One Annabel Lane, Suite t 10 San~lKamon, CA 94583 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 stared: CITY OF DUBLIN, a municipal corporation Attest: ~ Approved as to form: City Attorney Agreement Page 2 of 2 06/02/97 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE To. provide general Civil Engineering service which includes design and management of Public Works projects, plan check services, support staff and attend meetings as requested. Consultant shall provide the City with a'not-to-exceed fee on a project by project basis for design projects, Staff augmentatio.n, and for planchecking serviceS. Exhibit A Page 1 of 06/02/97 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an mount not to exceed the total sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) for services to be performed pursuant to 'this Agreement. COnsultant shall submit invoices at the end of'project or monthly based ori the cost for services performed in accordance with the Charge Rate Fee Schedules (Attachment A). The Municipal Staff Augmentation 1997 Charge Rate Fee Schedule (Attachment B) will apply to assignments in which Consultant serves as an extension of City Staff at City Offices or at Consultant's office. The 1997 Charge Rate Fee Schedule will apply to design projects on a not-to-exceed basis. 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 cha.nge 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 sole 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 completed on such documents and other materials to the effective date of such termination. In that event, all £mished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under 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. Exhibit B Page I of 06/02/97 EXHIBIT C CiW 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 furrdshing said physical facilities shall be in the sole discretion of City. In no e'vent shall City be obligated to furnish arty .facility which may involve incurring any direct expense, including, but not l~miting the generality of this exclusion,..long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page t of 1 06/02/97 EXHIBIT D GENERAL PROVISIONS I. INDEPENDENT CONTRACT. O.K. 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 rite 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 tight to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS: ETC. Consultant represents and warrants to CiW that he has all · :.!icenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice bis profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at ail 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 maz be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Consultant shall procure and mMntain for the duration of' contract insurance against claims for injuries to persons or damager-to property which may z:? se fi'om or in connection with the performance of the work hereunder by the Consultant,. his agems, 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 Se~Aces Office form number GL 0404 coveting Broad Form Comprehensive General Liability; or insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, 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. Exhibit D Page 1 of 5 06/02/97 / B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Gcncrat 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 thc general aggregate limit shall apply separately to this project/location or thc general aggregate limit, shall be twice the required occurrence limit. (2) Automobile LiabiIity: $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 Liabi!h:¥ 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; 6r 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, c.': be endorsed to contain, the t .. 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 protect,,'o~ afforded to the City, its officers, officials, employees or volunteers... (b) The Consul*~fs insurance coverage shall be primary insurmr~ce 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 pro'visions of the policies shall not affect .......... ;~ r~;~, ' ~'~ .... officials, "~"~ ...... ,,,,v,,r~g,~~,~,,~,,~ to the ,~.~, ~ts ........ , .... z~w,,--o or volunteers. Exhibit D Page 2 of 5 06/02/97 (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 mount 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) Ali Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shatl not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty ~(30) days pr[or written notice by certi!..~:~i mail, return receipt requested, has been given to the t.:ity. E. Acceptability. of Insurers. Insurance is to be placed with,insurers with a Bests' rating of no less than A:VIIt. 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 certificate~ 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 ma}' approve a variation .of those insurmnce r,~qu~_~ments~ ;r~ 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 N© ^ n ~o-ENT. Except as City may speci~ 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 to any obligation whatsoever. Exhibit D Page 3 of 5 06/02/97 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 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 alt 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 geographic'al area in ~onsultant practices Ids profession. All instruments of service of whatsoever nature wmcn 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 professiori. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take ail responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, any subconsultant, to the City, to Ci~ officers and employees, o[ to parties designated by the Ci~ty, on accom~t of the negligent performance or charac~i Dr of the work, unforeseen difficulties, accidents, occurrences or other causes predicated On active or passive negligence of ~.~. the Consukant or of his subconsultant. Consultant shall indermzify, defend and hold harmless the City, its officers, officials, directors, employees and .agents from and against any or ail loss, ;~.. liability, eXpense, claim, costs (including costs of defense), suits, and damages of every ldnd, nature mxd description directly or indirectly arising from the 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 taw 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 actmowtedges and agrees tl~.t he has read and understands the provisions hereof and that this paragraph is a material eleme~.: consideration. .Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under ~zis paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with ali 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, memorm~da or other ,.~gi~en doc,mments or materials prepped by Consultm~t 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 of 5 06/02/97 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 shalI have unrestricted authority to publish, disclose (as mas~ be limited by the provisions of the .California Public Records Act), distribute, and otherwise u~;e, copyright or patent, ha whole or in part, any such' reports, smdies~ data, statistics, forms or other materials or properties produced under this Agreement. Consultant shall perform work as designated by City..All reports or other documents prepared by Consultant shall specify the scope of work to be performed. City shall use ail reports and other documents for the purposes and/or projects specified in.the scope of work. At the request of City, Consultant shall re~iew any report or other document previously Prepared by Consultant to determine its applicability to a dif~%ren~ pro)ect or for a different purp'ose. Exhibit D Page 5 of 5 06/02/97 ( ATTACHMENT A ZUMWALT ENGINEERING GROUP 1997 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Croup for work done will be on the basis of an hourly chazge rate, plus incurred expenses and will be the sum of all the items set forth below: A. PERSONNEL SERVICES PRINCIPAL $110 HR SUPERVISING ENGINEER 100 HR SEI'~OK ENGYNEER 90 ~ ASSOCIATE'ENGINEER 80 HR ASSISTANT ENGINEER 70 HR FIELD REPI~SENTATIVE 65 HR TECHNICIAN / CAD OPERATOR 60 HR CLERICAL / OFFICE SUPPORT 40 HR ('· Rates for individuals may vary depending on the service pdfformed, EFFECTIVE TH]ROUGI-I DECElvlBER 31, t997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION ExpENSES 1. Thirty-five cents (.35) per mile for use ofvekicles. A minimum of six dollars ($6.00) per hour will be charged.for use of vehicles caroring field equipment or used for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Zumwalt Engineering Croup by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES 1. The invoice cost of materials, supplies, repro'duction work, and other Services procured by Zumwalt Engineering Croup from outside sources, plus a handling charge of 15%. All out-of-pocket ex ~enses not included Ln Items & B and C vA/! be included in fh;~ c~ego~/. ATTACHMENT B ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 1997 CHARGE RATE FEE SCHEDULE The compensation of Zumwak Engineering Crroup for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. IVIUNICIPAL STAFF AUGMENTATION SERVICES PR/NCIPAL $ 80 HR PROJECT MANAGER 75 HR PROJECT ENG12qEE~S~YOR 70 HR STAFF ENGINEER 60 HR FIELD REPRESENTATIVE 60 HR TECHNICIAN/CAD OPERATOR 45 HR CLEKICAL / oFFIcE SUPPORT 35 HR ' L EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUAl5 ¥ B. TRANSPORTATION EXPENSES 1. Thirty-five cents (35) per mile for use ofvekicIes. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles used for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES t. The invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a hand!Jug charge of 15%. All out-of-pocket expenses not included in Items A, B and C will be included in this category.