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HomeMy WebLinkAbout4.22 Zumwalt AmendAgmt CITY CLERK File # 600-30 AGENDA STATEMENT CZTY COUNCTL MEETTNG DATE: 3une '18 2002 SUBJECT: Amendment to Agreement with Zumwalt Engineering Group for Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution and Proposed Amendment 2) Letter from Zumwalt Engineering Group 3) Current Agreement and Amendments RECOMMENDATION: Adopt resolution approving amendment to agreement and authorize Mayor to execute amendment 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. Citing rising costs for employee compensation, health care, employee benefits, rent and equipment, Zumwalt Engineering Group is proposing a rate increase for Fiscal Year 2002-2003 between 2.6% and 4.6%. depending on personnel classification. The net effect of the adjustment if applied to FY 2001-2002 hours by classification would be a 4.0% increase. 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 is to approve a fee increase as allowed by the contract. Zumwalt Engineering's proposed rate schedule reflects increases in amounts ranging from 2.6% to 4.6% depending on personnel classification. Since the bulk of the work performed by Zumwalt Engineering is in the area of private development review, the cost of the work is paid by developers. This amendment to the agreement with Zumwalt Engineering Group includes two rate schedules. 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 COPIES TO: James Zumwalt, Zumwalt Engineering ITEM NO. G:\engr-contracfizumwalt\agstamend 02-03.doc performed by Zumwalt staff in the City's offices. The bulk of the work performed by Zumwalt personnel is being 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 the amendment to the agreement. Page 2 ~ ~-- RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL ' OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH ZUMWALT ENGINEERING GROUP WHEREAS, the City Council of the City of Dublin approved an agreement for general engineering services with Zumwalt Engineering Group on May 20, 1997; and WHEREAS, the agreement has been renewed to be continuous since 1997; and WHEREAS, the last amendment extended the term of the agreement for two years until June 30, 2003, with the provision that the consultant be allowed to request a rate adjustment after the first year of the term; and WHEREAS, minor changes in charge rates are proposed for this contract term; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (rate adjustment) with Zumwalt Engineering Group, which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 18th day of June, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\engrXzumwalt\resoamnd02-03 ; rrACH E T EXHIBIT "A" OF RESOLUTION -02 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 1 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 Mayor ATTEST: City Clerk ZUMWALT ENGINEERING GROUP James W. Zumwalt, Principal Date: g:engr-contractXzumwalfiamendment 02-03.doc EXHIBIT 1 TO AGREEMENT AMENDMENT ZUMWALT ENGINEERING GROUP 2002-2003 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rote, plus incurred expenses and will be the sum of all the items set forth below: A. PERSONNEL SERVICES PRINCIPAL $144 HR SUPERVISING ENGINEER 138 HR SENIOR ENGINEER 127 HR ASSOCIATE ENGINEER 112 HR ASSISTANT ENGINEER 96 HR FIELD REPRESENTATIVE 89 HR PROJECT MANAGEMENT ANALYST 89 HR 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 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 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 1. 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 out-of-pocket expenses not included in Items A, B and C will be included in this category. ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 2002-2003 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 $110 HR SENIOR ENGINEER 105 HR PROJECT ENGINEER/SURVEYOR 99 HR ASSOCIATE ENGINEER 93 HR SENIOR DESIGNER 93 HR PROJECT MANAGEMENT ANALYST 80 HR STAFF ENGINEER 80 HR FIELD REPRESENTATIVE 80 HR CAD DESIGNER 80 HR PROJECT MANAGEMENT ASSISTANT 68 HR TECHNICIAN/CAD OPERATOR 59 HR CLERICAL / OFFICE SU, PPORT 48 HR EFFECTIVE THROUGH JUNE 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 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 1. The invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of t5%. All out-of-pocket expenses not included in Items A, B and C will be included in this category. ZUMWALT ENGINEERING GROUP cmYEO Civil Engineering/Project Management 2 -~ ~ ZOOZ 2680 Bishop Drive, Suite 150 · San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 www. zeg, nc.com ~L~C WORKS February 12, 2002 Mr. Lee S. Thompson Public Works Director CITY OF DUBLIN 100 Civic Plaza Dublin, CA 9456~ This letter is in response to your January 28, 2002 letter requesting our proposed contract rates for Fiscal Year 2002/2003, as well as any proposed contract, personnel or service level changes. Attached herewith is our proposed 2002-2003 Charge Rate Fee Schedule. This fee schedule applies to design projects that are performed on a not-to-exceed basis. Also attached is our proposed 2002-2003 Municipal Staff Augmentation Charge Rate Fee Schedule. This schedule provides for special reduced rates that apply to assignments in which we serve as an extension of City staff (staff augmentation) at City offices or at our office in San Ramon. For your information, all of our work to date during the current fiscal year has been performed at the municipal staff augmentation rates. Please note that both of these fee schedules include a rate increase ranging bom 2.6 to 4.6 percent to offset the increase in the cost of providing services especially in the areas of employee compensation and health care. Furthermore, we propose to provide the City with the same personnel and services level as we are currently providing. Thank you for the oppommity to provide you this information for the planning of the forthcoming year. I look forward to discussing this information with you at you convenience. Very truly yours, ZUMWATL ENGINEERING' GROUP A California Corporation James W. ~Z/umwalt, P.E. Principal Attachments Cc: Kevin VanKatwyk Al I CHf EN1 · ZUMWALT ENGINEERING GROUP Fiscal Year 2001-2002 Update STANDARD RATES 2001-2002 2002-2003 CLASSIFICATION HOURS 2001-2002 TOTAL PROPOSED TOTAL 'TOTAL COST TO DATE RATE COST RATE COST % CHANGE Principal 0 $ .138.00 $ - $ 144.00 $*. - 4.3% Supervisin~l Engineer 0 $ 133.00 $ ' - $. 138.00 $ - 3:8% Senior Engineer 0' $' 122.00 $ - $ 127.00 $, - 4.1%,,, Associate Engineer 0 $ ~108.00 $ $ 112.00 $ - 3.7% Assistant Engineer 0 $ 92.00 $ $ 96.00 $ - 4.3% Field Representative 0 $. 86.00 $ - $ 89,00. $ - 3.5% Technician/CAD Operator 0 $ 81.00 $ $ 84.00 $ - 3.7% Clerical/Office Support 0 $ 51.00 $, - $ 53.00 $ -. 3.9% , , Two-Man Survey Crow .0 '$ 184.00 $ -, $ 191.00 $ - 3.8% [CUMULATIVE EFFECT 0 $ $ - '0% NOTE: No changes were made in FY 2001-2002 at the Standard rates. The mathematical average rate increase for the Standard rates is 3.9%. MUNICIPAL STAFF AUGMENTATION RATES 2001-2002 2002-2003 CLASSIFICATION HOURS 2001-2002 TOTAL PROPOSED TOTAL - TOTAL COST TO DATE RATE "~ .COST RATE -COST % CHANGE Pdncipa{/Supervising Engineer 1301 $ '106.00 $ 137,906.00 $ 110.00 $ 143,110.00 3.8% SeniorEq~lineer 2 $ 101.00 $ 202.00 $ 105.00 $ 210.00 4.0% Project En~ineer/Surveyor 10 $ 95.00 $ 950.00 $ 99.00 $ 990.00 4.2% Associate Engineer 267 $ 89.00 $ 23,763.00 $ 93.00 $ 24,831.00 4.5% Senior Designer .0. $ 89,00 $ - $ 93.00 $ ~4.5% Staff Engineer 0 $ 77.00 $ - $ 80.00 $ 31,9% Field Representative 0 $ 77.00' $ . $ 80.00 $ 3.9% CAD Designer 132 $ 77.00 $ 10,164.00, $ 80.00 $ 10,560.00 3.9% Project Management Asst. 933.5 $ 65.00 $ 60,677.50 $ 68.00 $ 63,478.00 4.6% Technician/CAD Operator' 24 $ 57.00 $ 1,368.00 $ 59.00 $ 1,416.00 3.5% Clerical 2 $ 46.00 $ 92.00 $ 48.00 $ 96.00 4.3% Student Intern 239.5 $ 38.00 $ 9,101.00 $ 39.00 $ 9,340.50 2.6% CUMULATIVE EF'FECT $ 244,223.50 $ 254,031.50 4.0% AdminlMarketinglProposalslDublinlHours - Rate Increase Worksheet Dublin 02-03 .. 2/12/02 EXHIBIT "A" OF RESOLUTION ~.~0 -01 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 July 7, 1997, to provide engineering services to CITY; and WHEREAS, said agreement was amended to extend' the effective date through June 30, 2003; and WHEREAS, the amendment and rate .'schedule approved for Fiscal Year 2001-02 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, the parties hereto agree as follows: Addition of Project Coordinator Rate The approved rate schedule for 2001-02 shall be amended to add a charge rate for Project Coordinator of $65.00 per hour. CITY OF' DUBLIN -~iy~ ~.~ ZUMWALT ENGINEERING GROUP D, te: g:engr contract~umwalt~mendment proj ¢oord ATTAC 4MENT 3 · · ExHIBiT "A" OF RESOLUTION [ I ~-~ -01 BETWEEN CITY OF D~L~ AND Z~WALT ENG~EE~G GROUP FOR ENG~EEmNG SER~CES · WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt Engineering Group (hereinafter refen'ed 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, 2003; NOW, THEREFORE, the parties hereto agree as follows: ExtensiOn of Term The~tcrm.:bf agreement shall be tmtii J~e. 30~2003.~' Adiustment of Rates The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Y6ar 2001-2002. Consultant shall be entitled to request a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN ~it~,.C~k ~'~ ~ ZUMWALT ENamEEmNa OROUP g:engr contraetXzumwaltSamendmcnt01 EXHIBIT 1 OF AMENDMENT TO AGREEMENT ZUMWALT ENGINEERING GROUP 2001-2002 PROPOSED CLASSIFICATION RATE Principal/Supervising $106.00 Engineer Senior Engineer 10t.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~zumwa[t\Exhibit '~ ambndment 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 (hereinai~er referred to as "CONSULTANT"), entered into an agreement on '~Iuly 7, t998, to provide engineering services to CITY: and WHEREAS, the City and the Consultant have extended the term of agreement for an additional two years, terminating Sune 30, 2001; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2000-2001; NOW, THEREFORE, theparfies hereto agree as follows: Adjustment of Rates The.rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2000-2001. The agreement shall have a not-to-exceed limit of $550,000 for Fiscal Year 2000-2001. CITY OF DUBLIN ~] Mayor - citk er -' L ~~T ENG~E~G GKO~ ~J~s W. Zu~['Pfincip~ g Date: ~~ ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 2000-2001 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 PROJECT ENGINEER/SURVEYOR 87 HR ASSOCIATE ENGINEER 81 HR SENIOR DESIGNER 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 in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES 1. 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 out-of-pocket expenses not included in Items A, B and C will be included in this category. EXHIBIT "A" OF RESOLUTION NO. 127'- 99 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinaiter referred to as "CITY") and Zumwalt Engineering Group (hereinafter referred to as "CONSIILTANT"), entered into an agreement on July 7, 1998, to provide engineering services to CITY: and WHEREAS, said agreement was amended in April of 1999 to extend the not-to-exceed limit for Fiscal Year 1998-99; and WWEREAS, the City and the Consultant wish to extend .the term of agreemem for an additional' two years, temfinating June 30, 2001; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 1999-2000; NOW, TFIEREFORE, the parties hereto agree as follows: Extension of Term The term of agreement shall be until June 30, 2001. Adjustment of Rates The race schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 1999-2000. Consultant shall be entitled to request a further adjus~men~ of rates for .the second year of the agreement term. 'The agreement shall have a not-to-exceed limit of $550,000 for Fiscal Year 1999-2000. ATTEST: City clerk~(~-~ ZUMWALT ENGINEERING GROUP ~-3~mes W. Z,u.~/., Principal IC IGI7-6-99fzumwalt-ex-a. doc EXHIBIT 1 page I of ;2 ZUMWALT ENGINEERING GROUP 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 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 mile for use of vehicles. A minimum of six dollam ($6.00) per hour will be charged 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%. All 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 will be the sum of all the items set forth below: A. PERSONNEL SERVICES PRINCIPAL $95.00 SENIOR ENGINEER $90.00 PROJECT ENGINEER/SURVEYOR $85.00 ASSOCIATE ENGINEER $79.00 SENIOR DESIGNER $79.00 STAFF ENGINEER $68.00 FIELD REPRESENTATIVE $68.00 CAD DESIGNER $68.00 TECHNICIAN/CAD QPERATQR $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. QUTSIDE 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. C. MISCELLANEOUS EXPENSES 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 out-of-pocket expenses not included in Items A and B will be included in this category. '" ' EXHIBIT "A" OF RESOLUTION ~2~ -99 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP FOR ENGINEERING SERVICES XVHEREAS, 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, 1998, to provide.engineering services to CITY: and WHEREAS, said agreement was amended in April of 1999; and WI-IEREAS, the City's current workload requires an increase in the not-to-eXceed mount; NOW, THEREFORE, the parties hereto agree as follows:' Increase of Not-to-Exceed Amount Paragraph One of Exhibit B of the Agreement is amended to 'revise the not-to-exceed amount to $615,000. CITY OF DUBLIN ATTEsTj_c'{,~ ZUMWALT ENGINEERING GROUP EX1TIIgIT "A" OF RESOLUTION AMENDMENT TO AGREEMENT a~:TW~:~:N crrY o~ DUaLrN A~. ZV~A~T ~N¢~~O ORO~P FOR ENG~E~G SER~CES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt Engineering Group (hereinafter referred to as "CON.SULTANT"), entered into an agreement on May 20, 1997, to provide engineering services to CITY: and WHEREAS, said agreement was amended in March of 1998; and WHEREAS, an adjustment of rates and extension of term are proposed; NOW, THEREFOr, the parties hereto agree as follows: Rate Schedule The schedule of rates for Fiscal Year 1998-99 shall be as delineated in the attached Exhibk "A" (Standard Rates and Municipal Augmentation Rates). The total expenditure for these services for Fiscal Year I998-99 shall not exceed $500,000. Extension of Term The term of the agreement shall be extended to coincide with the end &the 1998-99 Fiscal Year; i.e., until June 30, 1999. CITY OF DUBLIN c 'Cl k James W. Zumwalt, Principal Date: ZUMWALT ENGINEERING GROUP CHARGE RATE FEE SCHEDULE FOR FISCAL YEAR 1998-99 The compensation ofZumwalt Engin~m'in§ Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and will bc thc sum of all the items set forth below: A. PERSONNEL SERVICES PRINCIPAL $120 HR SUPERVISING ENGINEER ! I$ HR SENIOR ENGIN~-~ 105 HR ASSOCIATE ENGINEER 95 HR ASSISTAHT ENGINEER 80 HR F~r.r~ REPRESENTATIVE 75 HR TECHNICIAN/CAD OPERATOR 70 HR CLERICAL / OFFICE. SUPPORT 45 HR TWO-MAN SURVEY CREW 160 HR Rates for individuals may vary depending on the service performed. EFFECTIVE THROUGH JUNE 30. 1999 A/qB SUBJECT TO REVISION A.NlqUALLY B. TRANSPORTATION EXPENSES I. Thirty-five cents (.35) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour wilt 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 Engineering Group by outside consultants, professional, or t~chnical fu~s engaged in connection with thc order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES t. The invoice cost of materials, supplies, repwducfion work, and other services procured by Zumwalt Engineering 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. ZUMWALT 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 AUGMENTATION SERVICES PRINCIPAL $ 93 HR SENIOR ENGINEER 88 HR PROJECT ENGI1NEER/SURVEYOR 83 HR ASSOCIATE ENGINEER 77 SENIOR DESIGNER 77 M-IR STAFF ENGINEER 66 HR FIELD REPRESENTATIVE 66 HR CAD DESIGNER 66 HR TECHNICIAN/CAD OPERATOR 50 HR CLERICAL / OFFICE SUPPORT 40 I-IR "- EFFECTIVE THROUGH YU. NE 30, 1999 AND SUBJECT TO REVISION ANNUALLY C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical fa-ms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES 1. The invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group fi-om Outside sources, plus a handling charge of 15%. All out-of-pocket expenses not included in Items A, B and C wilI be included in'this category. EXHIBIT "A" OF RESOLUTION 27 -98 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 WlfEREAS, said agreement provided ~that the cost of work performed under the agreement would not exceed $100,000; and WHEREAS, the City's current workload requires an increase in the not-to-exceed amount; NOW, THEREFORE, the parties hereto agree as follows: Increase of Not to Exceed Amount 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 agreement shall be extended to coincide with the end of the 1997-98 Fiscal Year; i.e., until June 30, 1998. - CITY OF DUBLIN ZUMWALT ENGINEERING GROUP ~J~rn~ W. Z~,~i~,"i6~incipal ' ZUMWALT ENGINEERING GROUP 1998 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rare, plus recurred expenses and wilI be the sum of all the items set forth below: A. PERSONNEL SERVICES PRINC~AL S1 I5 SUPERVISING ENGINEER t05 HR SENIOR ENG1NEER 95 HR ASSOCIATE ENGINEER 85 HR ASSISTANT ENGiNF__~R 75 HR FIELD REPRESENTATIVE 70 HR TECHNICIAN/CAE) OPERATOR 65 HR CLERICAL/.OFFICE SUPPORT 45 HR TWO-MAN SURVEY CREW 160 HR Rates for individuals may vary. depending on the service performed. EFFECTIVE THROUGH DECEMBER 31. 1998 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES i. T~. -five cents (.35) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will be charged for use ofvehicles canting field equipment or used for field' inspection and supervision. C. OUTSIDE SERVICES l. Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants. professional, or technical firms engaged in cormecdon with the order, plus 15% handling charge. D. IVIISCELLANEOUS EXPENSES I. The invoice cost of mater/als, supplies, reproduction 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 will be included in this category.. STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of J~j ~J~, 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 Exh-[bit B, then according to the usual and customary procedures and prac~ ..:.~s ~,hich Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit 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 and 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 this Agreement. In 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 insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this 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 shall be subcontracted without written authorization by the City, except that which .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 amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8, RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Man%er 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 W. ZUMWALT. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All 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 110 San Ramon, 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 stated: CITY OF DUBLIN, a municipal corporation - "City" -"~~ '~suit~t" 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 augmentation, and for planchecking services. Exhibit A Page 1 of 1 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 on 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 change 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 finished 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 arisins 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 1 of 1 06/02/97 EXHIBIT C City 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 furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any .facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 06/02/97 EXItlBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultm~t shall be an independent contractor and shall not be an employee of City. City shall have the 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 right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS~ ETC. Consultant represents and warrants to City that he has all · :licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all 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 may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Consultant shall procure and m~intain for the duration of' :~ee contract insurance against claims for injuries to persons or damage~* to property which may t:' ~se from or in connection with the performance of the work hereunder by the Consultant,. his agents, 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 Sev,.ices Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Se~wices 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. Consukant shall maintain limits no less than: (1) General 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 the general aggregate limit shall apply separately to this project/location or the general aggregate limit, shall be twice the required occurrence limit. (2) Automobile Liability: $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 LiabiSr¥ 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; or 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 following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, ks officers, officials, employees and volunteers are to be coverlid 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 cm the scope of the protec1:c:.n afforded to the City, its officers, officials, emi!-,loyees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance 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~,~s~ions of the policies shall not affect coverage provided to the City, its officers, officials, employees 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 amount 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) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in cover,~ge or in limits except after thirty (30) days prior written notice by certi!. mail, return receipt requested, has been given to the ~.:ity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. 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 certificates 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 may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are ekhcr not commercially available or that the City's interests are otherwise fully protected. 5. CONSULTANT N© AGENT, Except as City may specify 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 all 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 geographical area in w~:;ch Consultant practices his profession. All instruments of service of whatsoever nature wl~t~.ch 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 profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indireCtly resulting to him, to any subconsultant, to the City, to City officers and employees, o.r to parties designated by the City, on accom~t of the negligent performance or charac~ :r of the work, unforeseen difficulties, accidents, occurrences or other causes predicated On active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the negligent performance of the wor~.,. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law 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 acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material eleme~.i consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all 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, memoranda or other written documents or materials prepared by Consultant 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 shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise u~.:e, Copyright or patent, in whole or in part, any such reports, studies, 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 all reports and other documents for the purposes and/or projects specified in the scope of work. At the request of City, Consultant shall review any report or other document previously prepared by Consultant to determine its applicability to a different project or for a different purpose. Exhibit D Page 5 of 5 O6/02/97 ATTACHMENT A ZUMWALT ENGINEERING GROUP 1997 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. PERSONNEL SERVICES PRINCIPAL $110 HR SUPERVISING ENGINEER 100 HR SENIOR ENGINEER 90 HR ASSOCIATE ENGINEER 80 HR ASSISTANT ENGINEER 70 HR FIELD REPRESENTATIVE 65 HR TECHNICIAN / CAD OPERATOR 60 HR CLERICAL / OFFICE SUPPORT 40 HR TWO-MAN SURVEY CREW 155 HR Rates for individuals may vary depending on the service performed. EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. Thirty-five cents (.35) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles carrying field equipment or 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 1. 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 out-of-pocket expenses not included in Items A, B and C will be included in this category. ATTACHMENT B ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 1997 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 $ 80 HR PROJECT MANAGER 75 HR PROJECT ENGINEER/SURVEYOR 70 HR STAFF ENGINEER 60 HR FIELD REPRESENTATIVE 60 HR TECHNICIAN/CAD OPERATOR 45 HR CLERICAL / OFFICE SUPPORT 35 HR EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. Thirty-five cents (.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. ~nvoice 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 1 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 out-of-pocket expenses not included in Items A, B and C will be included in this category.