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HomeMy WebLinkAboutReso 93-08 Kleinfelder Agmt Amended RESOLUTION NO. 93 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT TO AGREEMENT WITH KLEINFELDER, INC., FOR GENERAL GEOTECHNICAL SERVICES WHEREAS, the City of Dublin, State of California, entered into a two-year agreement with Kleinfelder, Inc., on August 17,2004, to perform general geotechnical services; and WHEREAS, the term of the agreement was extended until June 30, 2008; and WHEREAS, the City desires to continue utilizing Consultant's services and extend the term until June 30, 2010, allowing Kleinfelder, Inc., to request an adjustment of rates for the second year of the term; and WHEREAS, Consultant is requesting an adjustment of rates for Fiscal Year 2008-2009 as allowed by Section 2 of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with Kleinfelder, Inc., which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment to the Agreement. PASSED, APPROVED AND ADOPTED this 17th day of June, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, and Scholz, and Vice Mayor Sbranti NOES: None ABSENT: Mayor Lockhart ABSTAIN: None J{$J' Vice Mayor ATTJST: [ Lkv < IW Deputy City Clerk Reso No. 93-08, Adopted 6/17/08, Item 4.5 Page 1 of 1 EXHIBIT "A" OF RESOLUTION ~- 08 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND KLEINFELDER WEST, INC., (FORMERLY KNOWN AS KLEINFELDER, INC.) FOR GEOTECHNICAL ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Kleinfelder West, Inc. (formerly known as Kleinfelder, Inc., and hereinafter referred to as "CONSULTANT"), entered into a two-year agreement on August 17, 2004, to provide geotechnical engineering services to CITY; and WHEREAS, on June 6,2006, said agreement was subsequently extended for an additional two-year term to June 30,2008; and WHEREAS, CITY and CONSULTANT wish to extend the term of the agreement for an additional two years, terminating June 30, 2010; and WHEREAS, said Agreement did not include Section 2.9 to govern rate adjustments; and WHEREAS, CONSULTANT has requested an adjustment of rates for Fiscal Year 2008-2008; NOW, THEREFORE, the parties hereto agree as follows: Section 1. Extension of Term The term of the agreement shall be extended from July 1,2008, to June 30,2010. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2010, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or CITY gives written notice of termination. Section 2. Inclusion of Section 2.9 to the Agreement. The Agreement shall be amended to include the following Section: 2.9 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is published for the year ending in December. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set fOIth in Exhibit B. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this Agreement and shall provide notice to Consultant of such new rates. SAMPLE CALCULATION: (Using 1 % index increase as an example) HOURLY CHARGE RATE INDEX INCREASE (Assuming 1 %) 150 x .01 = 1.50 $150.00/hr 1.50/hr $151.50/hr Section 3. Adiustment of Rates The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2008-2009. /t'" it';" I < 0'" . /' ,:i )'. '.""'"r c . ~.'~' . / ''<y\')t" KLEINFELDER WEST, INC. /~.. I . /~.'~/" ~~. '/1P'< . / ! / ~~. . t.....'" <-_:?~ Donald G. Gray, C.E. Principal Engineer CITY OF DUBLIN JanetLockhart,~ayor ATTEST: /) ( /fAil [' f? r;;~ City Clerk Il}.-: (\ . I L) 1 I~ "t · ~" Date: --. <'- J-27~z>J G:\CONSULTANTSlkleinfld\amendment 08-09 REVISED add 2-9.doc 2 KLEINFELDER 2008-2009 RATE TABLE City of Dublin On-Call Geotechnical Consultation CLASSIFICATION 2008-2009 PROPOSED RA TE/HR. Principal Professional $ 215 Senior Project Manager 194 Senior Professional 182 Project Manager II 171 Project Manager I 166 Project Professional 159 Staff Professional II 146 Staff Professional I 130 Professional II 117 Professional I 110 CADD Operator 102 Supervisory Technician 110 Draftsperson 89 Senior Technician 108 Technician III 100 Technician II 89 Technician I 82 Administrative/Word Processor 77 G:\CONSULTANTS\kleinfld\exhibit 1 amendment 08-09 KLein.doc