HomeMy WebLinkAboutReso 23-24 Approving an Amendment to the Agreement with Anchor for On-Call Construction Management and Inspection ServicesDocuSign Envelope ID: 3180B384-576C-40DF-A6B9-1594F44DE8AF
RESOLUTION NO. 23 — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH ANCHOR FOR ON -CALL
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
WHEREAS, in 2021, Staff prepared and initiated a Requests for Qualifications (RFQs) for
Construction Management and Inspection Services; and
WHEREAS, during that time, Staff reviewed and selected the most qualified contractors
and entered into agreements for these services and deemed eight other contractors qualified,
including Anchor (formerly named AnchorCM); and
WHEREAS, the City entered into an agreement with Anchor on December 1, 2023, which
expires on June 30, 2024; and
WHEREAS, the City wishes to amend the agreement with Anchor to extend the term to
June 30, 2026, and increase the not -to -exceed compensation to $1,000,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendment to the agreement with Anchor, 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 2nd day of April 2024, by the following vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DocuSigned by:
CIty�G�ertCrµUH
DocuSigned by:
r-o, A ,484'E,...
Mayor
Reso. No. 23-24, Item 5.5, Adopted 04/02/2024 Page 1 of 1
DocuSign Envelope ID: 3180B384-576C-40DF-A6B9-1594F44DE8AF
Exhibit A
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND ANCHOR
WHEREAS, on December 1, 2023, the City of Dublin (hereinafter referred to as
"CITY") and Anchor (hereinafter referred to as " CONSULTANT ") entered into a Consulting
Services Agreement for On -Call Construction Management and Inspection Services
(hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement and to
increase the not to exceed compensation amount to $1,000,000 by modifying Section 2 of the
Agreement; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to update the compensation schedule by modifying 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) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A on or before that date, unless
the term of the Agreement is otherwise terminated or extended, as provided for in
Section 8. The time provided to Consultant to complete the services required by this
Agreement shall not affect the City's right to terminate the Agreement, as referenced
in Section 8. Notwithstanding the foregoing this Agreement may be extended on a
month to month basis for up to 6 months upon the written consent of the Consultant
and the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the serves
described in Exhibit A does not increase. None of the foregoing shall affect the City's
right to terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $1,000,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at
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DocuSign Envelope ID: 3180B384-576C-40DF-A6B9-1594F44DE8AF
the time and in the manner set forth herein. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant
shall not bill City for duplicate services performed by more than one person.
3) Revised Exhibit B (Compensation Schedule & Reimbursable Expenses) of the
AGREEMENT if amended per the attached.
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 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
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DocuSign Envelope ID: 3180B384-576C-40DF-A6B9-1594F44DE8AF
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 ANCHOR ENGINEERING
By:
DocuSigned by:
By:
Linda Smith D'Ambrosio, City Manager BiSa Grant, President and CEO
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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DocuSign Envelope ID: 3180B384-576C-40DF-A6B9-1594F44DE8AF
EXHIBIT B
ANCHOR 2023 — 2025 Fee Schedule
Principal
2023
2024
2025
Forensic Engineer/Expert Witness
Principal Consultant
Principal -in -Charge
$ 375
$ 343
$ 286
$ 394
$ 360
$ 300
$ 413
$ 378
$ 315
Engineer/Manager
Project Principal Engineer/CM
Senior Engineer/CM
Associate Engineer/CM
Staff Engineer/CM Level 4 (PE or equivalent)
Staff Engineer/CM Level 3 (PE or equivalent)
Staff Engineer/CM Level 2 (EIT or equivalent)
Staff Engineer/Deputy CM Level 1
$ 251
$ 228
$ 201
$ 184
$ 171
$ 147
$ 121
$ 264
$ 239
$ 211
$ 193
$ 180
$ 154
$ 127
$ 277
$ 251
$ 222
$ 203
$ 189
$ 162
$ 133
Engineering Technician
Scheduler/Estimator $ 237 $ 249 $ 261
Senior Engineering Technician $ 164 $ 172 $ 181 _
Mid Engineering Technician $ 129 $ 135 $ 142 _
Engineering Technician $ 103 $ 108 $ 114
Junior Engineer/Assistant $ 116 $ 122 $ 128
Inspector
1
Construction Representative/Senior Inspector $ 187
Prevailing Wage Building/Construction Inspector $ 175
Prevailing Wage Soils/AC Inspector $ 175
Project Administrative Staff
Senior Contract Administrator/Senior Contract Manager $ 164
Bookkeeper $ 164
Contract Administrator/Contract Manager $ 114
Contract Administration Assistant $ 78
Notes:
$ 196
$ 184
$ 184
$ 172
$ 172
$ 120
$ 82
$ 206
$ 193
$ 193
$ 181
$ 181
$ 126
$ 86
1. For Inspectors, field vehicles will be billed at $1,700/month; cell phone and mobile
broadband service billed at $90/mo.
2. Mileage reimbursement per IRS published rate.
3. Other direct costs (ODCs) are billed at cost.
4. Subconsultant fees are billed separately at cost plus 10%.
5. 4- and 8-hour minimums apply for cancellations, tasks requiring travel, and legal appearances.
6. Contract project staff will be billed at the contract rate for legal work and
appearances, with yearly escalations applied.
7. Inspector rates meet requirements of the California Department of Industrial Relations.
8. Overtime and double-time hours will be billed at 1.5x and 2.0x stated rates.
9. Special shift hours will be billed at 1.1x stated, overtime and double time rates.
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