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HomeMy WebLinkAbout4.05 ZumwaltEngrAgmt CITY CLERK File # Dfb]{Q]IQ]-~[Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 17,1998- SUBJECT: Amendment to Agreement with Zumwalt Engineering Group for Public Works Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS AITACHED: 1) 2) 3) 4) Letter from Zumwalt Engineering Group Resolution Approving Proposed Amendment To Agreement Budget Change Form Current Agreement dated 5/20/97 RECOMMENDATION: .;"\ a!:>' I) IfN' 2) Adopt resolution approving amendment to agreement Authorize the Mayor to execute the Amendment to the Agreement and the Budget Change Form . FINANCIAL STATEMENT: Charges incurred under this agreement are paid by developers or charged to specific Capital Improvement Projects for which design budgets have already been approved. A budget change appropriating an additional $127,503 to the Engineering Activity account will be offset by new revenues. DESCRIPTION: In May of 1997, the City Council approved an agreement with Zumwalt Engineering Group (Exhibit 1) to provide Public Works Engineering Services. These services include private development plan checking and Capital Improvement Project design. At the time the original agreement was executed, it contained a Not- To-Exceed amount of $1 00,000. In addition, the Agreement provided for a term of one year which would require City Council action to continue the Agreement beyond May of 1998. During the contract period from May of 1997 through January 1998 it is expected that the required need for these services will exceed the original contract limit of$lOO,OOO. As identified in the letter from Zumwalt Engineering (Exhibit I), they have projected estimated needs for the remainder of the Fiscal Year. The following isa summary of the contract expenses incurred pursuant to this contract: . ------------------------------------------------------------------- COPIES TO: Zumwalt Engineering Group ITEM NO. 4.., g:\agenmisc\zumwalt " ~ }" i SERVICES PROVIDED BY ZUMWALT ENGINEERING MAY 1997 - JANUARY 1998 . t 4 ~;' Capital Project Services Plan Check & Inspection Services TOTAL f. r t: r i'", r ~ i ". ~~ >: j,~ 'W '~ FISCAL YEAR 1996/97 $ 6,877.50 $ 412.50 $ 7,290.00 :..- FY 1997/98: July - January GRAND TOTAL EXPENSES 5/97 -1/98 In order to respond in a timely manner to development applications it will be necessary to increase the Not To Exceed contract limit in the agreement with Zumwalt Engineering. For the remainder of the Fiscal Year it is anticipated that the Contract workload under this Agreement will be greater in the Plan Checking & Inspection category than the Capital Project category. Based upon the current list of private development projects it is expected that services provided by Zumwalt for this purpose from February 1998 through June 1998 will total $199,585. In addition $56,100 will be expended on assistance with Capital Projects. 42.640.00 $ 49,517.50 60.385.00 $ 60,797.50 103.025.00 $ 110,315.00 l' This change will result in a recommendation to amend the total Not To Exceed Amount to $366,000. Of . this amount $358,710 would he expenditures occurring in Fiscal Year 1997/98. The following breaks down the revised estimated contract services for Zumwalt Engineering PROJECTED SERVICES REQUIRED BASED ON CURRENT DEVELOPMENT ACTIVITY Plan Check & Capital Project Services Inspection Services TOTAL FISCAL YEAR 97/98: FY 1997/98: July - January $ 42,640.00 $ 60,385.00 $ 103,025.00 Est Services Feb - June Contract Amend #1 56.1 00.00 199.585.00 255.685.00 SUBTOTAL $ 98,740.00 $ 259,970.00 $ 358,710.00 EXPENSES 1997/1998 . PRIOR YEAREXP $ 6,877.50 $ 412.50 $ 7,290.00 GRAND TOTAL (May 1997 -June 1998 $ 105.617.50 $ 260.382.50 $ 366.000.00 Not To Exceed Amt . Page 2 . ~,~ ~, !, The Consultant has agreed to maintain the current rate schedule for the additional work. However, it is proposed at tbis-1lme to extend the expiration date of the agreement to June 30, 1998. This will allow the contract cycle to coincide with the City Fiscal Year. This will also be consistent with other contract service providers, where adjustments are typically considered in conjunction with the annual adoption of the budget Exhibit 2 contains a Resolution which would amend the Agreement to address both the Not To Exceed Amount as well as the term of the Agreement ~: !, -.t- A Budget Change will also be required to accommodate the additional expenses anticipated from this change in the Agreement The costs associated with the Capital Projects are already appropriated as part of the Capital Improvement Program Budget The additional costs associated with Private Development Plan Checking and Inspection will require approval of a Budget adjustment The source of funding will be new revenues as the cost of these services are recovered directly from the project applicants. The following is a breakdown of the estimated adjustment required to the Budget: : 'f REVISED ESTIMATED FY 1997/98 ENGINEERING CONTRACT SERVICES REQUIRED TO REVIEW PRIVATE DEVELOPMENT APPLICATIONS (By Service Provider) . FY 1997/98 Estimated Revised Budget By Service Provider $ 246,660 16,000 57,000 15,000 259.970 $ 594,630 Santina & Thompson Soils IGeotechnical Engr TJKM Cal Trans I Review For Schaefer Ranch Zumwalt Total Estimated Expenditure LESS CURRENT BUDGET: Engineering: Contract Svcs-Plan Check & Insp 001- 9030-740-072 ($ 467,127) Additional Appropriation Required $ 127,503 As previously discussed the additional appropriation will be recovered from New Revenues as shown in the recommended Budget change (Exhibit 3). This change provides for an updated projection based upon current development activity as well as accounting for contract service invoices which were not processed at the time the mid-year financial report was prepared. In the event that the development activity does not occur as projected fluctuations will occur both in the projected revenues as well as the contract . expenditures. Staff recommends that the City Council adopt the resolution (Exhibit 2) approving the Amendment to the Agreement. In addition, it is recommended that the City Council authorize the Mayor to execute the Amendment to the Agreement and the Budget Change Form. Page 3 . . . / cV /1 ZUMWALT ENGINEERJNG GROUP Civil EngineeringIProject Management 2680 Bishop Drive, Suite 150 . San Ramon, Galifomia 94583 Tel (510) 830-5016 Fax (5'0) 830-5023 February 5, 1998 :Mr. Lee S. Thompson CITY OF DUBLrn Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Subject: Amendment to Contract lunount Dear Lee: ~~ched is our Municipal Staff Augmentation 1997 Charge Rate Fee Schedule and 1997 Charge Rate Fee Schedule. Please note that the Municipal Staff Augmentation 1.997 Charge Rate Fee ScheduJeapplies to assignments in which we serve as an e>..'tension of City staff at City offices or at our office in San Ramon. TIre 1997 Charge Rate Fee Schedule VJill apply to design projects on a not- to-exceed basis. To accommodate the City's requested increase in services by our fum, it is necessary to amend Ex1n1>it B, Payment Schedule of our :May 20, 1997 Consulting Engineering Services A:,oreement. It is suggested that the total not to exceed amount be revised from $100,000 to $366,000. This revised amount should be adequate to cover the projected costs through June of this year. A summary of estimated costs presenting the basis ior this not to exceed amount is attached for your review. For your information, the total amount billed to date for services rendered through January 31, 1998 is $110,315.00 Please call if you have any questions or desire additional information. Very truly yours, WNW AL T ENGINEERING GROUP 1::~~4 Principal ~.-\ttachments / ~.'Y!l ;"'.~.':T' \1=. ~ f"\';~~i ~ -.... "'- \;.: ..... SUMMARY OF ESTIMATED COSTS July 1, 1997 - June 30, 1998 Billed through January 313 1998 Estimated Costs From February 1, 1998 throughJune 30, 1998: Based on Current Assignments . R. Lambert 22 weeks @ 30hr/wk @ $701hr = F. Davis 22 weeks @ 40hr/wk @ $80/hr = A Dopson 22 weeks @ 40hr/wk @ $70/br = M Lander 22 weeks @ 16hr/wk @ $75/br = Subtotal . . .. Ba~ed on Potential New Assi~ment~ · R Cullen (traffic review) 18 weeks@ 16hr/wk @ $801hr= · J. Enke (Map Review) 8 weeks @ &hr/wk @ $75/hr = Subtotal $467200.00 70,400.00 61,600.00 26 400 00 $23,040.00 4,800.00 Total 10% Contingency Estimated Grand Total J 4 )1 . $110,315.00 $204,600.00 . $27,840.00 $342,755.00 23 245 00 $366,000.00 . . . . :3 4 /1 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 SERVJCES PRJNClPAL SUPERVISrnG ENGINEER. SENIOR ENGINEER ASSOCIATE ENGINEER ASSIST.ANT ENGINEER FIELD REPRESENTATIVE lECHNlClAN I CAD OPERATOR CLERlCAL I OFFlCE SUPPORT TWO-MAN SURVEY CREW $110 HR 1 DO HR 90 HR 80 HR 70 HR 65 HR 60 HR 40 HR 155 HR Rates for individuals may vary depending on the service performed. EFFECTIVE 1HROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. Thirty-:five cents (.35) per mile for use ofvehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles canying' :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. v vi /9 ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF ,AUGMENTATION 1997 CHARGE RATE FEE SCHEDULE . The compensarionof 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 S 80 HR PROJECT MANAGER 75 HR PROJECT ENGINEER/SURVEYOR 70 HR STAFF ENGlNEER 60 HR FJELD REPRESENTATIVE 60 HR TECHNICIAN/CAD OPERATOR 45 HR CLERICAL / OFF1CE SUPPORT 35 HR ENGINEERING INTERN 22.50 HR . EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. (Deleted) 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. . 5411 RESOLUTION NO. - 98 . A RESOLUTION OF THE CITY COUNCll.. OF THE CITY OF DUBLIN ********* ,~c 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 WHEREAS. Exhibit B. Payment Schedule, contains a Not To Exceed amount of$100,000;and WHEREAS. the workload assigned to Zumwalt Engineering Group has increased significantly due to increases in private development; 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. tl , BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. . PASSED, APPROVED AND ADOPTED this 17th day of February, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\agenmisc\resozumw . ~V'~ l:a~tT /} I bAthwt. A/ b 4/1 EXHIBIT "A" OF RESOLUTION -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 WHEREAS, 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 ofTenn . 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 Mayor ATTEST: City Clerk ZUMWALT ENGINEERING GROUP JamesVV.Zumwalt,Principal . Date: . . . CITY OF DUBLIN BUDGET CHANGE FORM ? 4/1 CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves From Budgeted Contingent Reserve (l080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other X From New Revenues ~l>>~~alJ.j}'j.1(__Emmnm*Dt~~nfflnllWiW'.~t~~'fJiNmf~i~~tiff~Hff[m(jtJ.it.b.rlfW ..............,.....................-...................................,..........-.........-..........................................................................................................................,...........................................-.............................................................................................................................-....................,.......................................................................................................................................... Name: Name: InspectionlPlan Check Private Development $ 127,503 Account #: Account#: 001-9030-740-072 Name: Name: Revenue - General Fund Engineering Plan Check Fees $ 159,379 Account #: Account #: 001-1000-565-001 Name: Name: Account #: Account #: City Manager: Date: Signature REASON FOR BUDGET CHANGE ENTRY: The rate of new development plan checking is anticipated to exceed that budgeted for 1997-98. The cost will be offset by additional plan check revenues. .;.;.;.::::::.;:;:;::::;; .............................. ::::i!Ii::i::i::i:!I:::i::::::!::::!::!::::::::::~::::::::::::I.:~:::~1?>>rqyrrq::!t:::ti~::@j!:::fii1RI::~im::p.i:::I::::!iii::::::. .... ... .' .................. Mayor: Date: Signature Posted By: Date: Signature g:agenmisc\:zhdgchng cv~~otT ~ f~,C~.t ,;.c~ ". ~ ii "e;. ~ ~' ...-......., ~ ; l' c( /1 ST .Al\1J>ARD CONSULTING ENGINEERING SERVICES AGREEMENT . -ms AGREEMENT is made at Dublin, California, as of t1 A "/ 1..0, 1997, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and ZUMWALT ENGINEERlNG GROUP ("Consultant"), who agree as follows: L 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 tirrieand 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 mauner be specified in Exb~hit B, then according 10 the usual and customary procedures and pracl '.:::s "v,lLlch Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPME1\TT. 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.f. risions 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 penorm 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 wlTIch is expressly identifier) ;n 11:.: 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"lger or members of the projp.ct . A!!Ieernent Page 1 9f2 06/02/97 . Ll ;:~ '1 ~~~~.. ' .~:--- . ,~ i: . . ----:-\ f e:! If EXIllBIT B PAYMENT SCHEDULE City shall pay Consultant an amount 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 e>...'iension 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 e>...'tra, 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 ariSh'"1g under this Agreement. Consultant shall maintain adequate logs and timesheets in order10 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 '. ~. -- ~ ~. 1t7 4 J i EXIllBIT 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 n.c In') 10'7 . . . . '-- . . -----"'; J) if Ji ~i team without prior written approval by the City. The Project Manager for Consultant shall be lAMES W. ZUMWALT. 9. CONTRACT AD MINIS TRA TION. This Agreement shall be administered by LEE S. lliOMPSON ("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 1] 0 San Ramon, CA 94583 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City EngiiJeer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation i;- ~.--O~ - .'City"--------- Attest ~f ('A- C! Clerk By ibJ#::J /() 6:lm?V~ ,/ '~sultant" Approved as to form: /-,," " _C/I" 't ' ~,,' A 'U' / of/ / ." / I; ,".y( I ....../ .....~ - ........--'~ "/\..... - ,) , , \ /' />::' c{'Y"_....____ City Attorney Agreement PaQe 2 6f2 06/02/97 '--", Ift.~ /1 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 e),.'Pense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. -{ ~: l' . . Exhibit C Page 1 of 1 06/02/97 . . .~ -. -.. ) ~ ~ /1 '~, EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have 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 e>..-pense, 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. .., :>. 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 maintain for 'the duration of i:.e contract insurance against claims for injuries to persons or damages to property which may ~'.5e from or in connection "With the performance of the work hereunder by the Consultant, his agenIs, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope ofInsurance. 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 Services Office form number GL 0404 covering Broad F ann Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Exhibit D Page 1 of 5 06/02/97 ; ...... C. Exhibit D Page 20f5 06/02/97 ~ .-, / ~ 'r:) ! 1 B. Minimum Limits of Insurance. Consultant 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: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$l,OOO,OOO per accident. (1) , General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be cover~d as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protectIOn afforded to the City, its officers, officials, employees 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 provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or . volunteers. ~ -', ;e; r5 /1 . Cd) 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 coverage or in limits except after thirty (30) days prior written notice by certi:__~;::i mail, return receipt requested, has been given to the (~:ity. E. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:.VTII. 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 either not commercially available or that the City's interests are otherwise fully protected. 5. CONSUL T ANT NO 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 C;~. to any obligation whatsoever. . Exhibit D Page 3 of5 06/02/97 t' r -- ~ 16 ~I' /'1 6. ASSIGNMENT PROIDBlTED. No party to this Agreement may assign any right or obligation. pursuant to this Agreement Any attempted or pmported 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 whiCh Consultant practices his profession. All instruments of service of whatsoever nature wruch 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, or to parties designated by the City, on account of the negligent performance or character 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 hannless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, e),..'Pense, claim, costs (mcluding costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of 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 und~rstands the provisions hereof and that this paragraph is a material elemen. 'Jf consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the e:>...'ient 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 ExhibitD Page 4 of5 06/02/97 . ~i "-- . . ~ 17 ~ /7 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 writteil- 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 use, 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 sball 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 PaQe 5 -of 5 06102/97 --- 17 ~ / '1 ATTACHMENT A ZUMWALT ENGINEERING GROUP 1997 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis ofan hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. PERSONNEL SERVICES $11 0 HR 100 HR 90 HR 80 HR 70 HR 65 HR 60 HR 40 HR 155 HR PRINCIPAL SUPERVISING ENGINEER SENIOR ENGINEER ASSOClATEENGINEER ASSISTANT ENGINEER FIELD REPRESENTATIVE 'IECHNICIAN / CAD OPERATOR CLERJCAL/OFFlCESUPPORT TWO-MAN SURVEY CREW Rates for individuals may vary depending on the service performed. EFFECTIVE TIIROUGHDECEMBER 31,1997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES L 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 L The invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of15%. All out-of-pocket expenses not included in Items A, B and C will be included in this category. . . . <. ~. ;. ~ ~;. ,~ -/>i ~- f" i" .. s" ;' -~, t~" <~ ........... /1 rf I; A IT ACHMENT 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 ENGWEER 60 HR FIElD REPRESENTATIVE 60 HR lECHNICIAN/CAD OPERATOR 45 HR CLERICAL / OFFICE SUPPORT 35 HR . . EFFECTIVE 1HROUGHDECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUAllY B. TRANSPORTATION EXPENSES 1. Thirty-live cents (.35) per mile for use ofvehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles used for :field illspection 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.