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HomeMy WebLinkAboutItem 4.15 Amend Contract Zumwalt Engineering (2) . . CITY CLERK File # D~[Q[Q]-[3]r2] AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 20, 1999 SUBJECT: Approval of Amendment to Existing Engineering Services Contract with Zumwalt Engineering Group for FY1998-99 Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution Approving Amendment to Current Contract for FY 1998-99 Letter from James Zumwalt dated April 1 , 1999 Current Contract, including March 1998 and July 1998 Amendments Budget Change Form 2) 3) 4) RECOMMENDATION: 1) 1(JY 2) Adopt resolution. Approve budget change . FINANCIAL STATEMENT: . A budget change will be necessary in the amount of $115,000. This will be offset by approximately $143,750 in revenue, which also includes the City's overhead costs. DESCRIPTION: Zumwalt Engineering Group has been providing engineering services to the City of Dublin under an existing contract for FY 1998-99 that has a not-to-exceed amount of $500,000. In the attached letter, Zumwalt Engineering Group has projected the expected remaining charges for the rest of the fiscal year based on the charges that have been incurred up to this time. It is estimated that the total charges for this fiscal year will be approximately $615,000. Staff recommends that the City Council adopt the attached resolution approving the amendment to the existing contract with Zumwalt Engineering Group to increase the not-to-exceed amount for FY 1998-99 to $615,000, and approve the budget change reflecting increases in expenses and revenue. --------------------------------------------------------------- G:\engr-contract\zumwalt\agstamendmG .doc COPIES TO: Jmn~Zumwa~ zmnw~~::;:o~, . . . / ~ /1 RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT TO CONTRACT WITH ZUMWALT ENGINEERING GROUP FOR FY1998-99 WHEREAS, the City of Dublin, State of California, entered into a contract with Zumwalt Engineering Group for fiscal year 1998-99 on July 7, 1998; and WHEREAS, said contract contained a not-to-exceed amount equal to $500,000; and WHEREAS, said services are primarily for private development plan review and costs are charged to developers; and WHEREAS, City anticipates that, due to the current workload, the total projected charges for the fiscal year will exceed said not-to-exceed amount of $500,000; and WHEREAS, City desires to amend said contract to increase the not-to-exceed amount to $615,000 under the existing terms of said contract. 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. " PASSED, APPROVED AND ADOPTED this 20th day of April, 1999, AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ,. ......""..... '''.. '., . -to ,.,,~ , .. , ' " (' ."" ,. i .:.;.; '-', ,. ..~",~ 'II" '" . ~ "., t ..-... ,_'" ~-~., ~_= '... _.--.......-; . --- ;< ~ .fCf EXHIBIT t. A" OF RES~LUTlON _-99 AMENDMEl\II'T TO AGRE~7 BETWEEN CITY OF DUBLIN AND ZUMwALT ENGINEERING GROUP FOR ENGIl\'EERlNC SERVICES WHEREAS. the City of Dublin (hereina..~r referred' to as "CITY") 2nd Zumwalt Engineering Group (b~r referred to as "CONSULTANT"), entered into an agrccme!1t on July 7. 1998. to provide engineering Sc:Mces to CITY: and WHEREAS. said agreement was amended io April of 1999; and WHEREAS. the City's current workload requires an incrase in the not-to-exceed amount; NOW, THEREFORE, the parties hc:J:t:to agrc:; as follows: Increase ofNot-to.Exceed Amount Pnragraph One of Exhibit B of the Agreement is amended to revise the not~to-ex.ceed amOullt to $615.000. CITY OF DUBLIN A TrEST: Mayor City Clerk ZUMWALt ENGINEERING GROUP amfl)~~f ~amcs W. zumtJ} Principal Date: .t/ jt/h9 I I . . . . . . . .' .... 3 ~o /~ ZUMWALT ENGINEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 . San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 April 1, 1999 Mr. Lee S. Thompson Director of Public Works CITY OF DUBLIN P,O. Box 2340 Dublin, CA 94568 Subject: Proposed Amendment to Contract Amount Dear Mr, Thompson: This letter supercedes our March 10, 1999 letter regarding a proposed amendment to our agreement for engineering services. As you know, we are under contract with the City of Dublin to provide engineering services during the 1998-99 Fiscal Year. Our agreement with the City has a not-to-exceed amount of $500,000. As of February 28, 1999 we have incurred costs of $390,644.44. In order to provide the same level of services that we have provided since the beginning of the 1998-99 Fiscal Year, an amendment to the not-to-exceed amount will be required. Based on current plan checking assignments and anticipated drainage and GIS projects, we estimate that this not-to-exceed amount needs to be increased by $114,648.44. This amount has been reduced from the amount in our March 10, 1999 letter due to recent reductions in assignments for drainage, GIS and Plan Check. Please let me know how you would like to proceed and plan for the remainder of the fiscal year. We appreciate the opportunity to be of service to the City of Dublin. Very truly yours, ZUMW AL T ENGINEERING GROUP A Califomio Corporatioll .c.f d!:: :t:::~d. Principal ' Cc: Kevin VanKatwyk, Senior Civil Engineer ;:''7''''1''11 ......1 i' 51'""''' f"'" L :-',' -. ~ l-{ ~"" ..~ ~" ?\. t --- ,....., r ~ '--.. ~l: ~ 1;;,..'. t-.. ~"t . ___. J' ._ .(8() If RESOLUTION NO. 108 - 98 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 engineering services with Zumwalt Engineering Group, on May 20. 1997; and \VHEREAS. said agreement was amended in March of 1998 to e",1end the term of agreement and increase the Not To Exceed limit; and WHEREAS, Zumwalt Engineering has proposed an adjustment of rates for Fiscal Year 1998-99; and WHEREAS. the term of agreement is proposed to be extended for an additional one-year period; 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 amendment. . PASSED, APPROVED AND ADOPTED this7th day of July. 1998. AYES: Councilmembers Bames, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ~jcJ~;J Mayor K2/GI7-7-98/resozum2. doc g:\a.genmisc\rcsozum2 . ;.,~~.t ,.......i ~t, r-' ~....... ~ ,_.. ' ..:..' ._,..'.;; 1.."", : . ---: ~, t I ~"'--"&. t~.'t l":-,..." ;. .-- ,--~ S 5J /1. . EXHIBIT "A" OF RESOLUTION lOB .98 AMENDMENTTOAGREE~ffiNT BETIVEEN CITY OF DUBLIN AND ZUMWALT ENGINEERlNG GROUP FOR ENGINEERlNG SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt Engineering Group (hereinafter referred to as "CONSULT ANT"), 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 ex.iension of term are proposed; N~nv, THEREFORE, the parties hereto agree as follows: Rate Schedule The schedule of rates for Fiscal Year 1998-99 shall be as delineated in the attached Exhibit "A" (Standard Rates and Municipal Augmentation Rates). The total expenditure for these services for Fiscal Year 1998-99 shall not exceed $500,000. . Extension of Term The term of the agreement shall be extended to coincide with the end of the 1998-99 Fiscal Year; Le., until June 30, 1999. CITY OF DUBLm 1ta:~ ZUMWALT ENGINEERING GROUP James W. Zumwalt, Principal . Date: .f; t3 / r STA_ 'r\:"I)_4.RD CONS'LiL'f.ThiG ENGU\"EERLNG SERviCES AGREE1\1E!\'T . TIllS AGREEMEN"T is made at Dublin, California, as of t1 A If W. 1997, by 2nd ~etwe~ the CITY OF DUBLIN, a municipal corporation ("City"), 2I1d ZlJlvf'\V.tU.T ENGiN.t.ERING GROD'? ("CoZlSultant"), who agree as rollQws: 1. SERVJCES. Subject to the terms and COnCUTIOllS Consuhant shall provide to City the services described in Exhibit A. s::.,,""vices 2I the rime, place, and in the manner speciBed in Exhibit A. set rorth in this Agreeme~t, Consultant shall nrovide said 2. PA. 'Yl\1ENT. City shall pay Consultant ror se.iirices rendered puz-suant to this .1l....f!Te"'-IDent at the time and in the m2.Il!ler set rorth in 1='):b..ibit B. Tne payments speciBed in Exhibit B shall be the only payments to be made to Consultmt ror se..-vices rendered pursuant to this Agreement. Copuhan! shall submit all billings ror said services to CiTY in the manner speciBed in Exhibit B; or, lino :r:m'flJ.ner be specified in Exh:bit B, then accorc:ii.ng to the usual 2nd ClSIomai'}' procedures 2.lJd p:LaC: '..:;S \..lu::n Cor..5ulr.2.D.t uses ror billing clients similar to Ciry. 3. FACILITIES A:Nu EOlTIP"MEN'T. :C:xcept 2.S set rorL.b in Exhibit C, Consul:ant shall. al 1~ sole cost sd e:i...-pellSe, fIL.."'Ilish all facilities and equipment which may be required for flli.-nisbing s~ces purS1l2Dt to this Agreement. City shall furnish'IO Consultant only the facilities and equipment Ested in Exhibit C accorciIDg to the terms and conditions set rorth in Exhibit C. . 4. GEN"ER,A.L PR OVISJONS. The lZene..-al urovisions set forth in Exhibit D are pa..-r or - ~ Tn;C; Agreement. In the event or any inconsiStency berween said general p.c lisions and any oilier 'Ierms or conditions oftnic; Agreement, the other term or ~ondition snall control ll::sofar as it is inCOnsls--L.eIlt with the g::!le:a.l provisions. 5. EXHrBTTS. .till exhibitS referred to herein are anached hereto and are by this rererence incoIporared herein. 6. SlJBCONJ'RACTING. Tne Consultant shall perform the work contemplated ,vith resources available v.ri.thin its ovro organization and no portion or the work pertinent 'IO this conL-act shall k sub:oDt"aced V\rithout written autborization by the City, except that wbich is e:>"''Pressly idenriBd ;n tr. : CollSllltant's proposal. 7. CHANGES. CiT" rnav from time to time reauire changes in the SCODe of the services bv ... .. ... -.. . CorsW:anl !O be performed under this Agreement.. Such cnwges, inducting any change in the E.J."DOll.."11 of CO!l5uh.:=n7:S con:roersatioD which are mutuallv alZTeed UDOD bv CiT" and Consultant. sh.all be e:;ectiv~ as .II. ~ _ .. .. _ I a.-:1enEen!S to tDis Ag:reement oniy when in v.."rin...J.g. 8. :RESP01\JSBLF CHARGE. ConsuhE.J."1! shall assign a project rnanager(s) to the project . fo;- the du.-ation oime project. The:e shall be DO change in the Project MaJ;"l.ger or membe:s oftbe pro.;"'::t ..A...!!r:.:men! Page 1 of:2 r\~7.'"'.j ::~ -. rz15 /~ . :::a.."'"!J v-iL.lout prior w:inen appro....a1 by the City. The Proje::t M3Dage:; for COIl.sllhan.! shall be JA~S w. ZlJ1\1'W.A.L T. 9. CONTRACT ADMJ}.J1STR.4 TION. T.o..is Agreement shall be r.nministered by LEE S. THo.M?SON (t1Adminisrrator"). A.ll correspondence shall be clire~~d 10 or through the Adminisrraror or tis or designee. 10. NOTICES. An)' written notice to C.oI!SultzD.t shall be sent to: Zu...-nv,,'alt Engineering Group One .Lumabel Lane, Suite 1 ] 0 San RaInOD., CA 94583 .t...ny 'wTInen notice to City shall be Sent to: Lee S. Tnoj!l'Dson Dire::lOr of Public "'\Vo:d:s/Ciry Engineer P. O. Box 2340 Dublill, CA 94568 . Exe::med as of me day fust above S""...2.ted: CITY OF D'LJBLIN, a municioal cOIDora.non - - ;( s;- ~. .Q~ . "City" ~ ^":i.4Clr.-- ."'" ~~;:,"" ,0/ ~ UJj( ~ <;: e-L I2tIJ C1e:1: '-- By k/??/'-:;J ;/ ~J J5::;~[.;d "Q/I ul ...11 ems t3IIl i/ .L._pproved 2.S to fo:rr:::: -..~;:..'.....::..~ -, --' . Ci:y ALIo::ney _~_g:-eez:Jeill P~e:2 of1 "'7 !.., :c- -... g aD 17 EXHIBIT A SCOPE OF SERVICES AJ\'"D SCHEDULE To provide gene...-a} Civil Engineering se:vice which includes design and ID2Dagement of Public \Vo:-1:s projecIs, pl2D check services, support sr",ff and an.end meetings as requested. Co~u1!2.D.t shill provide the CiTY v.rith a Dot-to-exceed ree on a proje::;t by project basis ror design proje:rs, SI2if augmentauoIl., and ror planchecking services. . ." . . . . . / {5 /7 EXEIBIT B PA ):"ME]\'T SCHEDULE City shall pay Consultant an amount not to exceed the total sum of ONE HljN"DRED THOUSlL'ND DOLLARS ($100,000) ror se:vices to be performed pursuant to this Agreement. COIlSul-rant shall submit invoices al the end or project or montbJy bzsed on the cost for services pe~;ormed in accorrnmce v.rith the Charge R.a1: Fee ScheduJes (Anachment A). Tne MUIIicipal Staff All;::-crmentation 1997 Charge Rate Fee Schedule (Attachment B) will apply to assignments in which Consultant serves as an e).,"tension of City Si~ff at City Offices or at COIlSult.an.t's office. Tne 1997 Charge Rate Fee Schedule ""ill apply to design projec!S on a !lo;:-to-exc::::d basis. Tne TOtal sum s-...aled above sh2ll be the tor.al which Ciry shall pay for tbe se:-vices 10 be rendered by COIlSultaDt pursuant 10 this Agreement. CiI)' shall not pay 2DY additional sum for 2DY expeIlSe or cost whatsoever IDclli-red by COIlSUl:2!lt .in rendej,ng services purSl.l2.!lt 10 'this _~_gr~=men! Cizr shall make no payment for any e),.'lT2., fultber or additional service pursuant to T-"'~~ Agreement unless such eXJ....a service and the price the:;,efor is agreed to in wriring executed by the City ]Vlanager or other designared official of City aut..hoi..zed to obligate Ciry thereto p;ior 10 the rime such e:;"J....a se1'\lice is rendered and in no event shall such cb.~2:e order exceed nveDTV- - - 5ve percent (25%) ofm: initial conTract pri::e. lne se:vices 1:0 be provided under this Agreement may be terminated WiIDr>ut ::3l.!Se at 2Il)' point in time in the sole and exclusive dis::rerion of Ciry. If the Agreement is -u::minated by City, Consultant shall be entitled to receive just and equitable comper.sation ror .all'' sarisractOTV work comDleted on such documents and other materials to the effective Cate of . " - such IeIII1iL.a.tion. In thal event, all finished and uniinisb::d documen!S and other materials shall, at the opriO!l of the City, become Ciry's sole and exclusive property. Consulrant bereby e),.'Press]y waives any and all claims for damages or compensation a..-ising under this Agreement. COIlSuh3Ilt shall maintain adeqt;ate logs and rimesheets in order 10 verify .cOS"'-S IDcu...-red to date. Tne Cbrrsult2.Dt is not authorized to nerro:m any se:ivices or incur 2I!} costs .,':t;a!Soeve; under me terms of this ..t.....greement until re::::eipt of a fully executed Pur::nase Order ~ 0::; t.'1e ?ic.2..:.jce Depa,.-rrnem of me CiTy ofDublill. ~i11oit 3 ?2.I': 1 or 1 /ZJ b)' / '1 E:x:HIBIT C Cit)' shall furnisb physical facilities such as desks, filing cabinets, and conference Space, as may be re=.sonably necessary for Conuactor's use while co~u1ting -wi.th City employees and reviewing records and the information in possession of Ciry. Tne locatio~ qU2Iltiry, and 'rime offumisbing said :physical facilities shall be in the sole discretion of City. In DO event shall City be obligared to furnish any facilitY which IDay involve lncu...-ring any direct e)..'Pe~e, including, but DOt limiting the generality of this exclusion, long-distance telephone or other commumcaDon cnar2:es, vehicles, and reproduction facilities. - . =.:-:IDDit C . . . // d Ir . E:\RIBIT D - GE1\'"ER.6..L PROVISIONS 1. INvEPTh1Dwj CONTR4.CTOR. At all times during the term oftbis Agreement, CorsulI.2!1! shall be an independent contraCtor and shall n;t be an employee of City. City shall have t..i1e right to com:rol Consultant only irsofar as the results of Co~ultant's engineering servi ces rende:ied purSU211t to tills Agreement; bowever. City shall not have the right to control the me:sS by wIDch Cor..sl!.ltant accomplishes services rendered pursuant to this Agreement ') LICENSES: PERMITS: ETe. Co~u1tan.t represenr.s and warrams to City that be has all ,licenses. pen:nits, qualifications and approvals of wh.a!soever narure which are leg.al1y required for CO!$u.ltant to practice his profession. Con.sultant represents and wa...-rants to City thE! Consult2nt shall, at his sole cost and expense, keep in eIfe:;t at 2ll times dllL"'ing the te:m of this ..6_gr:ement any licenses, pe..."1Dits, and approvals wm::::h are lepl1y required for Co~ul~t to practi:::e his profession. ... ~ TIlvE. ConsulIaIlt shall devote such TIme to the peri"ormance of services plli"313Dt 10 t.bis AgreeI:!ent 2.S may be re.z.sonably necessa.-y Tor satisfactory performance of COIlSuh..:l..."'1t's obliga::ions pursuant to this Agreement . -.. ~ INS1JRA..NCE RE01TIR..t..-rv!ENTS. Consultant shall procure and maintain Tor the olL-anoD of l:e conu:a=t i.::!sw""2Dce against claims for inj1L..-ies to perso!$ or damage~ to property which mzy .:. 3e ':'om. or in cOIIDe::tion ",rith the performance of me work hereunder by the Consul!aIl~ his agel13, repres~tarives, employees Dr sub;;ontractors. Tne cost of such insu.ance shall be included in me Cor:.sul:.:mt's bid. A. 1\1inimullJ Scope oflr.suJaDce. Coverage shall be at least 2.S broad as: (1) Insu.-aDce Senrices Office form number GL 0002 (Ed. 1/73) covermg comprehe~ive General Liability and fusu...-.ance Ser':ices Office form number GL 0404 covering Broad F onn ComDrehe:csive General Liability; or Ir..su.-aIlce Servi::es Office Commercial General Liability coverage ("occu..-reDce" faun CG 0001). (2) Insu..-aDce Services Office form number CA 0001 (Ed. InS) covering }"_UWITIaDjje T . . '1' . 1 II "d' C A OO~ - _,lam ITY, coae any auto an enaorsement. -), .~ ) (..-') Worker's Com:De:r...satiO!l iI:.surance 2.S re:JUired bv the Labor Code of L'1e S..3.1: of . . . California sd Employers Liabihry Ir...su;-ance, . - . -.. D .::.X!D :111 I ?~ ~e 1 of 5 /~ .q5 I '1 3. J\1inimum Limj!~ ('\f ln~upnce. COI'Sulta..11t shalJ maim21n limi!S no les5 th~: . (J) Gene:al Liability: $1,000,000 combined single limit per OCClll."Tenc: for bodily injury, personal inju.-y and prapeIT)' &mag:. 1f commercial General Liabili!)' :In.stL.-ance or other form 'With a general aggrega:re limit is used, either L.ie gene:2l aggregate limit shall apply sepai.ate1y to this projectllocation or the gene,a] EEgre2'ate limit shall be TWice tbe re.::mired Occtl.t."T~ce limit -- - oil. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injU.1'}' and property d2mage. (3) '\Vorkers Compensation and Pmploye::s Liability: Worke...-s Compensation limi!S 2S required by the Labor Code of the State of C::lTlfo::r:ria and Emp]oye:s Liabi1~ry limits of$1,000,000 per accident. .~. C. DeductibJes a.110 Seif-In!illreo Retentions. A.IlY deductibles or self-i:c.su.-ed :retentio~ mu.s! be declared to and approved by the City. At the option of the City, either the insurer shall :reduce or eliminate such deductibles or se1f-~ed rerentions 2S respects the CiI3', i!S ofEice:s, officials and employees; or the Consu.ltant shall procure a bond gua....ameeing payment ofJDsses and related investigations, cla.i.m anmi'r'l';srratioD and defense e).]ler::ses. . D. Other Insll.J31Jce Provisions. Tne policies are to contain, C.:;- be endorsed 10 conrain, me following provisions: (1) General Liability and Automobile Liability Cove...-ages. (a) The Ciry, irs officers, officials, e::o.ployees and vo]unte=rs are to be cover.::d 2S insureds as respects: liabiliTY arising out of activities performed by or on behalf of the Consultant; products and compJeted ope:-atioTIS or the Consultant, premises owned, occupied or used by the Consultant,. or automobiles owned, leased, hired or borrowed by the Cor..suham. Tne cov~e shall contain no sne:::iallimitatioTIS 'In the SCODe of the DrOtecL:,:::l - .. ",.. afforded to the City, its officers, officials, em!l]oyees or voJuntee:s. CD) Tne Consultant's insu.-ance cove:"age shall be primai}' insu.-an::e 2S respec!S the Ci13', its officers, officials, e::lployees and voluntee:s. ..6..l:!}' insu,,""2Il:e or seJi-msu..-ance maintained by the Ci13', hs officers, officials, employees or volunteers shall be excess or the COTISultant's irsffi'anc: 2nd snall noi. comrii:lUte "With it. (:) ..t..ny failure 10 comply 'VI~th repo:-ting prO\'lSlOTIS or the polic1es shall noi. . affect coverage provided 10 the City, its officers, officials, e:;:nployees or volllD.tee:-s. - . .. . D .t.X,:l1 :J 1i: I . . . /3 vO /? (d) Tne Consuh.mt's insu..-ance sb..al1 apply sepa;-ately to each insured agai~t whom claim. is made or suit is brought, except with respect to the lim.jts or the insurer's liabiliry. (2) ,\\Torker's Compensation and Employers Liabili!}' Cover:age. The insurer sball agree to Walve all ngnts of subrogation against the City, its officers, officials, eIIlploye~s and volunteers for losses arIsmg from work pe..;oTIDed by the Co::::sultant for the Ci!)'. (3) Professional Liability. Consultant shall ca..-ry professional liabili'ty insu..-:ance 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 ofp~oTIDance of the services speci:5ed in this Agreement. (4) _LUl Cove;-ages. :2ach iI:!sI.L.-ance policy recurred bv tbis clause shall be endorsed to state ma! p ~ ~ . coverage shall not be suspended, voided, canceled by either pa..-ry, reduced in cover.:ge or in limits except ~"'l.er thirty (30) days prior wrinen notice by cerci:.-.;j mail, retlJJ.-n re:::eipt re::mested.. has been friven to the ( :itv. r .... ~ - ., -= A ccep:abiliTv of Ir.<::ureis. bsu"c.nce is to be nlaced 'with insurers with a Bests' raring of no less than .~_; '\lill. .._ . VenD caD on of Ccwera~e. Consultant shall fumish Ciry with cenificar.es or insu.-ance and -.;vim origiLal endorsements e':;ecting coverage required by this clause. Tne ceni:5cates and endorsemems ror each ~ce policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Tne cerri:5cates and endorsemenlS are to be received and approved by the Ciry berore work commences. The City reserves the right to require complete, certified copies or all required insurance policies, at any rime. 3. The Risk Manager of Ci'l)' may approve a variation of these insurance requiremems upon a determination that the covera!Zes. s:ope limi!S and iorms of such insurance are ei!h~ - . , ~ot com..mercialJy z\'ailable or L.~a!. the City's interesr..s are otherwise fully prote::ted. .:;; C01\:Stil Tt...f\.7j NO AG~I. Except as Ciry may specify in '\.'\7iting, Consultant shall have no 2.U!:ho:i:v. express or implied. to a::t on behalf of Ciw in anv ca:;acitv wha~oever as an 2..!:!eii1.. .. ... _. ... .....,.1 - Consul::ant sh2.l1 have no authorin., eXDress or impiied.. 'Pursua..'J.! te: this A~eemeD! 10 bind ( 1': ., .... ... ~ .. - i.O any obligation wna!Soever. ~x:Jj~i1 D -.. ~...- r~: ~ 07 ) , ~ IC- )'/;41 J.1 6. A.SSJGNME:t\~ PROHlBITED. No parry to this Agreement may assign any right or obligatio_:n pursuant to this Agreement. A.1JY anempted or purported assignment of any right or obligatio~ " purSll2.nt to this Agreement shall be void and of no effect. 7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant 10 this Agreement. In the event that City, in its sole discretion, at any time du.-ing the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon re::.eiving notice from City of such desire or City, cause the removal or such person or p:::so~. 8. STA.NuARD OF PERFOR'M~NCE. Consultant shall p~-form all seT\~ces required pursuant 10 this Agreement in the manner and according to the standards obs::rved by a competent Dractitioner or the Drofession in which Consultant is enf!a..ged in the geo~nhical area in wr.:rb ..... - - - -- .. ,Consultant practices his professioD... _..6J1 insi::ruments of sen~ce of wD.E!Soever nature w1L.;h Consultant delivers to City purSlla!lt to this Agreement shall be prepared in a suoS"'....a,mial, first class and wo:rb:nanlike manner and conform to the standards of quality normally observed by a pe:-son practicing in Consultant's profession. o T-iOLD HARMT-tESS ~ND RESPONSIBILITY OF CONSlJLTANTS. Consultant snail take all responsioility for the work, shall bear all losses and c.zmages directly or inc:fuectly resulting 10 him, to any sub consultant, to the City, to City officers and employees, or 10 parries designated by the City, on account of 10e negligent performance or cha..-acler of the work, unforeseen. riifficulties, accidems, occtl.a.--Tences or other causes predicated on active or passive negligence of , the Consultant or ofbis subconsulr..mt. Consultant shall indemni.L":Y, defend and hold ha.-mless the City, its officers, officials, ciirecrors, employees and agents from and against any or all loss, liability, e},.'Pe~e, c1a.im, coS".s (mcludiI2g ccS".s or derense), suits, and dzmages or every kind, nanrre and desctiption directiy or indirectly a..-ising from the negligent performance of the wOIL Tills pa..-agraph shall not be cOI!SI:i1Jed ro exempt the Ciry, its employees and office:-s from its ov.'D fraud; willful injury or violation of law wnemer wilL.-=u.I or negligent For purposes of Section 17S2 of the Civil Code 10e parries heretO recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consulr.ant acknowledges and agrees th3.t he bas read and undastands the provisions hereof and that this pa.~crr-aph is a material elemeT'.. '...If considerari on. Approval of the insurance CODIraCts does not relieve the Co~u1tant or subconsulr.ams from liability under this paragraph. 10. GOV~R.1\.TME't\'TAL REG1.TLA 1101\lS. To the eAten! iliat this Acreement may be funded by ilscal assiS"...ance from anomer !!overnmemaJ emir" Co~suhant shall comnlv v.rifn all aDDlicabje _ p':' .. .i .. .. rules and regulations IO wm:n CiTY is bound by the le~s of such fiscal assi5"'...aDce pro,g;am. 11. DOCUlvENTS. ...6Jl repo.:..s, data, maps, models, cn3.!"LS, desigIls, plar.s, srudies, su..-veys, . Dnolo!!raphs., memoranda or other v"TInen documen:s or materials DreDared bv Cor..5ul:.:am ... _... .I... .- pu:su.an! 10 this ..~greemenl shall become the properry of City upon completion of the work !O be performed hereunder or upon teunination of the Agreement. No such materials or properri::s =:xhibi'i D nacre 4 of 5 /5 % I{ . :Jroduced in wno]e or in PEl"'1 under ibis Acreement shill be subie:'110 pri"ate l..:..Se. co~\7i!!h!S. or .. .... - -... ... p - . patent rights by Consultant in the United States or in any oilier COllilU)' v.7jtbout the express v.7inen corsent of l'it)'. CiTY shall have unrestricted authority to publish, disclose (as way:,:" limited by the provisions of the California Public Records Act), distribute, and otberv.'ise u..::e. copyright or patent, in whole or in part, any such reporrs, stUdies, da~ s--.arisrics, forms or oilier materials or prope...-ties produced UDder this Agreement. Consu.1taD.t shall peu"orm work as designated by City. _.;] reportS or other documents prepared by Co:c.sultant shall specuy the swpe of work to be performed. City shall l..:..Se all reporu and other Documents ror the purposes and/or projects specmed in the scope of work.. At the request of City, Consultant shall review any report or other do,?ument previously prepared by Co~su1t2nt to dete:m:i.ne its applicability to a cfu:rerent project or for a nifferent purpose. . . ~xbi~it D P2l!e 5 of 5 06/02/97 EXHIBIT "A" OF RESOLUTION -98 A..l'1E~"DME~"T TO AGREE..1\1E..l\"T BET\VEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROlJ"P FOR ENGTh'"EERING SERv~CES Ie. ~cj If . "\V"HEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt Engineering Group (nereinafter referred to as "CONSULT.A.....l\Il'''), entered into an agreement on May 20, 1997, to'provide engineering services to CITY: and . . WHERE..4..S, said agreement was amended in March of 1998; and "~REAS, an adjustment of rates and e},.iension of term are proposed; NO'\V, THEREFORE, the parries hereto agree as follows: Rate Schedule Tne schedule of :rates for Fiscal Year 1998-99 sh2.ll be as delineated in the attached Exhibit <'A" (St2ndard Rates and Municipal Augmentation Rates). The total e},.-pendituTe for these se;-vices for Fiscal Year 1998-99 shall not exceed S500,000. Extension ofT enn Tn: term of the agreement shall be extended to coincide "With the end of the 1998-99 Fiscal Year, i.e., until June 30, 1999. CITY OF DUBLm Mayor A1 .C"" ST: Chy Clerk ZUM\V_-\LT ENGINEERrnG GROUP James W. Zumwalt, Principal Date: . . - . I?~ I( ZUMWALT ENGINEERING GROUP CHARGE RATE FEE SCHEDULE FOR FISCAL YEAR 1998-99 T:'1~ comp::J:S:cion of Zumv..alt Eng:in=ing Group for work: don~ will be on the basis of an hourly charge I2l:, pl~ m=urr-..d exp~:S and will be the sum of all the items set forth b:::low: A. PERSONNEL SERVICES . PR1NCIP.~~ Su"?S~G ENGIN"EER S2'-iJOR ENGIN==..o{ ASSOCIATE -=:NGIN"'EER .A.SSIST.t.1'<"T ~G]}I- - K. : ,_I i) ?.E??"'=:S~.t..m=: Ec..qNJCIJ...N' / C...;D OPER..6...TOR C~JC~~/O~C=SUPPORT TWO-Mll,N StJRV:Y CREW S120 HR 115 :-3- 105 ?:R 0- I-:R ~;J 80 BR 75 HR 70 3!? .- .HR ..,.;J 160 HR Rar:s for inciividuzIs may vary ci---p:nding aD the s:..--vic:: p:riorm::d. ~cm:;. T:-:RODG2 Jt]l\l!:. 30, 1999 AND SD"3ECT TO REVISION ,A.....I-"iNUAllY B. TRAr\!SPORT A TION EXPENSES L Tni."'!Y-five ::~~ (.35) per mile for use of vehicles. A minimum of six dolla.'"S ($6.00) per hour will be charged for ~e of ,,::hides carrying fi:::ld equipm=nt or us::d for field insp==noD and sup:..."'Vision. C. OUTSIDE SERVICES 1. Invoi:::e ccst of se:-vi::=:s and :xp=s:s charg:d to Zumv.:alt EngiD::=ring Group by outsid:: cocsult2n~, professional., or r.::::bni:::al iirn::s e::!gaged in conn:::::non with the oni=r, plus 15% handling charg~. D. MlSCELLANEC>US EXPENSES 1. Tn: invoi:::: :::~st of maeiials, supplies, I":produ:rioD work., and orb.::r s::rvic:s pro::ur---d by Zumwalt :=r.~.n=ing Group from outside sources, plus a handling cnarg:: of 15%. .hJ..l out-ai-pocket ::xp~:S DO! in::lud::d in l::~ ..6....., Band C ",,-ill be induced in !.his category. . ;g l'f5 11 ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 1998-99 CHARGE RATE FEE SCHEDULE Tne comp::nsarion of Zumwalt Engineering Group for work don: v.w bi on the basis of an hourly charge rat:.':, pJ~ incurred Oo.1'enses and will be the sum of all the items set forth below: A. MUNICIPAL STAFF AUGMENTATION SERVICES PRINCP.LU. S3NJOR ENGIN-:::=R PROBer ENGD\I=:ERJStJR V;;;. YOR ASSOCIA_TE ENGIN...... K S;:Nl0R DES1G!'\=:R STAFF ENGIN"'SR ?, - Tn? .?RES:=::!'\ -r A T1V3 C.tW DES1G}.i'=:R, ECHN1CIA.N/CAD OPERA. TOR C~CAL/O~CESU?PORT $ 93 HR 88 HR 83 HR 7i HR 77 HR 66 HR 66 HR 66 HR 50 HR 40 HR E::ECTI\iE TI<:ROtJGH .nJN.::. 30, 1999 AND SUBJECT TO REVlS10N ANNU..till. Y B. TRANSPORTATION EXPENSES 1. "~L.)'-":;'''''' ..........ll'-'> (.::::j y....., ~_ .lI,)J=..... u; \.....;..;...i:.;.;;,. _~ ~UJ.J.J 1,):,:,;'" .Jl,)ii..u.,:, (SC,OOj y.....J ij\JI.J.J \O\i1; u.....' '::'':'f'::'': ;0: .::..3_ ~; . .:::i.:l.:s t:S.::..: ;:;, fi.:l.: i:r-..sp.::._:':c~ ::nO: :m;;.::-. :3ien. (Delet.=d) C. OUTSIDE SERVICES 1. Invoice cost of services and eh-penses charged to Zumwalt Engineering Group by outside cop..sultantS. professional, or te:::hnical :firn::!s engaged in cODDe:::oon v..;th the order, plus Ij% handling charge. D. M!SCELLANEOUS EXPENSES 1. Tn: invoi:::e cost ofmaterials, supplies, reprodu:::tioD work, and other servi:::es procured by Zurn\\'ali .=.ngine:ring Group from outside sources. plus a handling :::harge of Ij%, All out-of-pocket expep..ses not i,,"duded in Items A., B and C \.vill be included in this category. . . . CITY OF DUBLIN BUDGET CHANGE FORM /1 15 J( . CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799,000) Within Same Department Activity _X_ From New Revenues Between Departments (City Council Approval Required) Other iE;;:~D~CREASnID:5~E'UX:~~"p~~cj~~___W€~FtjfUffGE-n~Ct::QU.Nt~AMOUNT~"+it Name: Name: Inspection/Plan Check (Expenses) $ 115,000 Account #: Account #: 001-9030-740-072 Name: Name: Private Deve]opment Plan Check (Revenue) $ ]43,750 Account #: Account #: 001-1000-565.002 Name: Name: Account #: Account #: Name: Name: Account #: Account #: . City Manager: Date: Signature REASON FOR BUDGET CHANGE ENTRY: Projected plan checking services provided by Zumwalt Engineering Services are expected to exceed the Zumwalt contract (FY 1998-99) by $115,000. This will result in private development revenue of$143,750. " '" " ":",,.,~, "':'-' '-';'~c','rT:%~;:~:~:~~~;l~i:'i::~;{q;tl;:i:;1il~:AS'Appt:ovecfJaTfucrCltY ComiclfMeetiiig.on:'--Date:" -'," .." ",". ". _ _,~,...... <".w..:..'m"~"">>'_" >+w.~M:i~ii!~>>.,J.~}:,::::t,:,<>.ii~,,">>,,,W~~.I.~ooJ.""........."",,,,,,,, ,. ^&~*,~<__".._,,.,,,,."M."'"">- .~, _,'~..'..,~V>. ~N>'_~.~....~, """'''..".'''' ~_.. .,,~ Mayor: Date: Signature Posted By: Date: . Signature g:.ngr-<:ontracllzumwaJllbudgchng ,.\~!J..c.t H-.!it:~.tT A ii ! ill. . .~-nv.1 loft . ",,1 ,"" ..... "'~'" 1.1. - '11~~