HomeMy WebLinkAboutItem 4.09 ZumwaltEngAgmtCTTY CLERK
File # 600-30
AGENDA STATEMENT
CZTY COUNCTL MEETTNG DATE: July 2004
SUBJECT:'
Consulting Services Agreement with Zumwalt Engineenng Group
for Engineering Services
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Resolution, together with Exhibit "A", Agreement
2) Letter from Zumwalt Engineering Group
3) Current Agreement and Amendments
RECOMMENDATION:/Q ]~2f Adopt resolution approving agreement
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, general office expense, employee benefits, and
general and professional liability insurance, Zumwalt Engineering
Group is proposing a rate increase for Fiscal Year 2004-2005
between 1.7% and 3.8%. depending on personnel classification. The
net effect of the adjustment if applied to FY 2003-2004 hours by
classification would be a 2.9% 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. Although the current agreement with
Zumwalt Engineering was for a two-year term, with Fiscal Year 2004-05 being the second year of the
agreement, it was deemed necessary to enter into a new agreement with this consultant.
Zumwalt Engineering's proposed rate schedule reflects increases in amounts ranging from 1.7% to 3.8%
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.
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 agreement.
COPIES TO: James Zumwalt, Zumwalt Engineering
G:\engr-contractXzumwaltXagstamend 04-05.doc [ ITEM NO.
RESOLUTION NO. - 04
A RESOLUTION OF THE cITy COUNCIL
OF THE CITY OF DUBLIN
APPROVING 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 term of said agreement had been extended until June 30, 2005. However, rather
than pursuing an amendment to revise serVice billing rates, staff has recommended approval of a new
agreement with updated language and a revised scope of serVices; and
WHEREAS, the City desires to continue using Zumwalt Engineering Group's serVices;
NOW, THEREFORE,' BE IT RESOLVED that the CitY Council of the City of Dublin does hereby
approve 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 agreement.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:\engrXzumwalfireso amend 04-05
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP
THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLI~ ("City")
and ZUMWALT ENGINEERING GROUP ("Consultant") as of July 1,2004.
Section 1. SERVICES, Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2006, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Ag reement is otherwise terminated or extended, as provided for in SeCtion 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2
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 its profession. Consultant shall prepare all work products
required.by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 ASsignment of 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 reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to
this Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
ConsUltant will not be responsible for delays beyond Consultant's reasonable control.
SeCtion 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed FiVe
Hundred Fifty Thousand Dollars and No Cents ($550,000.00),. notwithstanding any contrary indications
that may be contained in Consultant's proposal, for services to be performed and reimbursable costs
incurred under this Agreement. in the event of a conflict between this Agreement and Consultant'S
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
Shall pay Consultant for services rendered pursuant to' this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to'this Agreement. Consultant shall submit all invoices to City in the manner sPecified
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond corn pensation required under this Agreement.
2,1
Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred pdor to the invoice date. Invoices shall contain the following information:
Clear numerical identification, with no duplication of numbering;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the Percentage of corn pletion;
At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each'reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a se )arate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
The Consultant's signature.
2.2
Monthly Payment. City shall make monthly payments, based on invoices received, for'
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3
Total Payment. 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.
In no event shall Consultant submil any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 2 of 14
2.4
Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.5
Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided .under this Agreement that shall not be exceeded.
2.6
Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7
Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8
Authorization to Perform Services. The Consultant is not authorized to perform, any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator,
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
February. 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, tn no case shall the adjusted rates be less than the initial
rates as set forth 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. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide al facilities and equipment that may be necessary to performthe services
required by this Agreement, City shall make available to Consultant only.the facilities and equipment listed
in this section, and only under the terms and Conditions set forth hereto.
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 3 of 14
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furniShing those facilities shall
be in the sole discretion of City. n no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4, INSURANCE REQUIREMENTS. With the exception of professional liability insurance,
before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure
"occurrence coverage" insurance against claims for injuries to persons ordamages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such
insurance that meets the requirements of this section and under forms of insurance satisfactory in all
respects to the City. Consultant shall maintain the insurance policies required by this section throughout
the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid.
Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has
obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to
execution.
4.1
Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($l,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code' shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self, insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4,2.1
General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Cqnsulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 4 of 14
Automobile Liability form or other form with a generalaggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shal be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death', resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owne~l and non-
owned automobiles.
4.2.2
Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office CommerCial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4,2,3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each. of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, Occupied, or used by
Consultant; and automobiles owned, leased,, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
vOlunteers.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
An endorsement must state that coverage is primary insurance With
respect to the City and its officers, officials, em ployees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
Any failure of CONSULTANT to comply with reporting provisionS of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers,
An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 5 of 14
4.3
4.4
requested, has been given to the City. ConSultant shall notify City within
14 days of notification from Consultant's :nsurer if such coverage is
suspended, voided or reduced in coverage or in limits.
Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the pedod covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covedng the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2
An endorsement shall 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 certified mail, return receipt requested, has been given
to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Insurance must be maintained and evidence of insurance must be
provided for at least one year after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of one year after completion of the Agreement or the'w0rk.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
A copy of the claim reporting requirements must be submitted to the City
prior to the commence merit of any work under this Agreement.
All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less titan A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
Consulting Se rvices Agreement between
City of Dublin and Zumwalt Engineering Group
JUly 6, 2004
Page 6 of 14
4.5
endorsements effecting coverage required herein. 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 City reserves the right to
require complete, certified copies of all required insurance policies, at any time,
4.4.3
Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each'
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein,
4.4.4
Variation, The City may approve a variation in the foregoing 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.
4.4.5
Deductibles and Self. Insured Retentions, Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the pedod covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a req uirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
theml
4.4.6
Notice of Reduction in' Coverage. In the event that any coverage required
by this section is reduced, limited, or .materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
Remedies, In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for. such
insurance from any sums due under the Agreement;
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 7 of 14
Order Consultant to stop Work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until COnsultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement,
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES, Consultant shall
indemnify, defend with counsel approved by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims; suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage
to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply where the injury, loss of life, damage to
property, or violation of law is caused by. the active negligence, sole negligence, or willful misconduct of the
City or its officers, employees, agents or volunteers. It is understood that the duty of Consultant to
indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil
Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does
not relieve Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause 'shall apply to any damages or claims for damages whether or not
such insurance policies shall have been' determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a matedal element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as welt as for the
payment of any penalties and interest on such contributions, which would otherwise be the res ponsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1
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 services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding anY other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all Claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 8 of 14
6.2
Section 7.
7.1
7.2
7.3
7.4
7.5
Section 8.
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Consultant No Agent. Except as City may specifij 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 City to any obligation whatsoever.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any sUbcontractors shall comply with
all laws applicable to the performance of the work hereunder.
Other Governmental Regulations. To the extent that this Agreement may be funded
by fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiScal assistance program.
Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to' the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
Nondiscrimination and Equal OpPortunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, 'against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any 'services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Con sultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Ag reement.
TERMINATION AND MODIFICATION.
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 9 of 14
8,1
8.2
8.3
8.4
8.5
8.6
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such corn pensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant o.r
prepared by or for Consultant or the City in connection with this Agreement.
Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract'Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
Amendments, The parties may amend this Agreement only by a writing signed by all the
parties.
Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in. the proposal, without prior written approval of the Contract Administrator.
Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Ag reement allocating liability between City and Consultant shall
survive the termination of this Agreement.
Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6,' 2004
Page 10 of 14
Section 9,
9.1
9.2
9.3
Section 10
10.1
8.6.2
8.6.3
Retain'the plans, specifications, drawings, reports,-design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4
Charge Consultant the differenCe between the reasonable cost to complete the
work described in Exhibit A that is unfinished at the timeof breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
corn pleted the work.
KEEPING AND STATUS OF RECORDS.
Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans; studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without pdor written consent of both
parties.
Consultant's Books and Records. Consultant shall maintain any and all ledgers, bookS
of account, invoices, vouchers, canceled Checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum .of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or wdtten request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Ag reement.
MISCELLANEOUS PROVISIONS.
Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 11 of 14
10.2
10.3
10.4
10.5
10.6
10,7
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties,
Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper,
Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or: official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering GrOup
JUly 6, 2004
Page 12 of 14
10.8
10.9
10.10
10.11
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
Solicitation. Consultant agrees not to solicit bUsiness at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
Contract Administration. This Agreement shall be administered by Melissa Morton,
Public Works Director ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or .his or her designee.
Notices. Any written notice to Consultant shall be sent to:
James W. Zumwalt
Zumwalt Engineering Group
2680 Bishop Drive, Suite 150
San Ramon, CA 94583
Any written notice to City shall be sent to:
Melissa Morton
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block'entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
t0.12
Seal and Signature of Registered Professional with
report/design responsibility.
Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all pdor negotiations, representations, or agreements,
either written or oral.
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
July 6, 2004
Page 13 of 14
CITY OF DUBLIN
Janet Lockhart, Mayor
Attest:
CONSULTANT
~l~me, W. Z~f~ P.E., Principal
Kay Keck, City Clerk
Approved as to Form:
Elizabeth Silver, City Attorney
G:\Eng r-contmct~zumwalt\ag mement 04-05.doc
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group
JUly 6, 2004
Page 14of 14
EXHIBITA
SCOPE OF SERVICES
To provide general Civil Engineering service, which includes design and management of Public
Works projects, plan check services, support staff and attendance of 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.
G:\Engr-contract~zumwalt~ag reement 04-05.doc
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group--Exhibit A
JUly 6, 2004
Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
Compensation shall be paid per the attached Fee Schedules entitled, "2004-2005 Charge Rate
Fee Schedule" and "Municipal Staff Aug mentation 2004-2005 Charge Rate Fee Schedu ~e,"'
G:\Engr-contract~zumwalt\agreement 04-05.do0
Consulting Services Agreement between
City of Dublin and Zumwalt Engineering Group--Exhibit B
July 6, 2004
.Page 1 of 1
ZUMWALT ENGINEERING GROUP
Civil Engineering/Project Management
2680 Bishop Drive, Suite 150 . San Ramon, California 94583
Tel. (925) 830-5016 Fax (925) 830-5023
www. zeginc.com
February26,2004
Ms. Melissa Morton
Public Works Director
CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568
Subj ecl;:
Proposed Rates for Fiscal Year 2004-2005
Dear Melissa:
This letter is in response to your February 18, 2004 letter requesting our proposed contract rates for
Fiscal Year 2004/2005, as well as any proposed contract, personnel or service level changes.
Attached herewith is our proposed 2004-2005 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 2004-2005
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 from 1.7 to 3.8 percent to
offset the increase in the cost of providing services especially in the areas of hourly wages, general
office expense, employee health and workers compensation insurance, and general and professional
liability insurance. As you know, we did not request a rate increase last year.
Furthermore, we propose to provide the City with the same personnel and services level as we are
currently providing. Thank you for the opportunity to provide you this information for the planning of
the forthcoming year.
Very truly yours,
ZUMWATL ENGINEERING GROUP
A California Corporation
James W. Z~
Principal
Attachments
ZUMWALT ENGINEERING GROUP
Fiscal Year 2004-2005 Update
STANDARD RATES
2003-2004 2004-2005
CLASSIFICATION HOURS 2003-2004 TOTAL PROPOSED TOTAL TOTAL COST
TO DATE RATE · COST RATE COST % CHANGE
Principal 0 $ 144.00 $ $ 148.00 $ - 2.8%
Supervising Engineer 0 $ 138.00 $ - $ 142.00 $ - 2.9%
Senior Engineer 0 $ 127.00 $ ~ $ 130.00 $ - 2.4%
Associate Engineer 0 $ 112.00 $ - $ 115.00 $ - 2.7%
Assistant Engineer/CAD Designer 0 $ 96.00 $ - $ 98.00 $ - 2.1%
Field Representative 0 $ 89.00 $ - $ 91.00 $ - 2.2%
Technician/CAD Operator 0 $ 84.00 $ - $ 86.00 $ - 2.4%
Clerical/OfficeSupport 0 $ 53.00 $ - $ 54.00 $ - 1.9%
Two-Man Survey Crew 0 $ 191.00 $ - $ 196.00 $ 2.6%
CUMULATIVE EFFECT (Average) 0 $. 2.4% ..
MUNICIPAL STAFF AUGMENTATION RATES
2003-2004 2004-2005
CLASSIFICATION HOURS 2003-2004 TOTAL PROPOSED TOTAL TOTAL COST
TO DATE RATE COST RATE COST % CHANGE
Principal/SupervisingEngineer 2242.5. $ 110.00 $ 246,675.00 $ 113.00 $ 253,402.50 2.7%
Senior Engineer 0 $ 105.00 $ $ 108.00 $ 2.9%
Project Engineer/Surveyor 0 $ 99.00 $ $ 102.00 $ I 3.0%
Associate Engineer 442.5 $ 93.00 $ 41,152.50 $ 96.00 $ 42,480.00 3.2%
Senior Designer 0 $ 93.00 $ $ 96.00 $ 3.2%
'Staff Engineer 235 $ 80.00 $ 18,800,00 $ 83.00 $ 19,505.00 3.8%
Field Representative 1.5 $ 80.00 $ 120.00 $ 83.00 $ 124.50 3.8%
CAD Designer 6.5 $ 80.00 $ 520.00 $ 83.00 $ 539.50' 3.8%
Project ManagementAsst. 18 $ 68.00 $ 1,224.00 $ 70.00 $ 1,260.00 2.9%
Technician/CAD Operator 0 $ 59.00 $ $ 60.00 $ 1.7%
Clerical 0 $ 48.00 $ $ 49.00 $ 2.1%
CUMULAT1VEEFFECT $ 308,491.50 $ 317,311.50 2.9%
STANDARD
CONSULTING ENGINEERING SERVICES AGREEM~ENT ~ .,
THIS AGREEMENT is made at Dublin, California, as of /~/~ ~9, 1997, by and
between the CITY OF DUBLIN, ~/municipal corporation ("City"), and ZUMWALT ENGINEERING
GROUP ("Consultant"), who agree as follows:
1. ~,]?~I~.. Subject to the terms and conditions
Consultant shall provide to City the services described in Exhibit A.
services at the time, place, and in the manner specified in Exhibit A.
set forth in this Agreement,
Consultant shall provide said
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 Exhibit B, then according to the usual and customary procedures and practices
which 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 provisions and any 'other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent w/th the
general provisions.
5. EXHIBIT~. 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
the 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
an~endments to this Agreement only when in writing.
8. ~ESPONSIBLE 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 Manager or members of the project
Agreement 3
Page 1 of 2 g .~
06/02/97 A)~ACM~,,~ E ~ ~,T '
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
"ci[-y'M3
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
HLFNDRED 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 arising 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
*'4
EXHIBIT D
GENERAL PROVISIONS
o
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 wh~ch~..~
Consultant accomplishes services rendered pursuant to this Agreement.
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.
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.
INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
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
ConsuRant'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 Services Office form number GL
0404 covering Broad Form 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) c6vering 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
Do
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 $1,000,000 per accident.
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~ ~.ts
officers, officials and employees; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverages.
(a)
The City, its officers, officials, employees and volunteers are to be covered
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
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.
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 w.t.:r~..:-~~
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 certified
mail, return receipt requested, has been given to the City.
Acceptability. of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
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.
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~
CONSULTANT 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 City
to any obligation whatsoever.
E~hibit D
.*'~age 3 of 5
06/02/97
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.
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.
STANDARD OF PERFORMANCE. Consukant 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 which
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, fi~st
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take'~fll
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 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 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 ttfis Agreement Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
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 ~Y"~ ·
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. Nc~.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 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 shall perform work as designated by City. All reports or other documents prepm~¢d
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
06/02/97
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
AS SOCIATE ENGINEER 80 HR
ASSISTANT ENGINEER 70 HR
FIELD REPRESENTATIVE 65 HR
TECt{NICIAN / 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
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.
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
The invoice cost of materi01s, 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
PROJECT MANAGER
PROJECT ENGINEER/SURVEYOR
STAFF ENGINEER
FIELD REPRESENTATIVE
TECHNICIAN/CAD OPERATOR
CLERICAL / OFFICE SUPPORT
$80 HR
75 HR
70 I-IR
60 I-IR
60 HR
45 HR
35. I-IR
EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY
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.
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
The invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt
Engineering Group t~om 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'/LYF) -98
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP
FOR ENGINEERING SERVICES
WItEREAS, 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 was amended in March of 1998; and
WHEREAS, an adjustment of rates and extension of term are proposed;
NOW, 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; i.e., until June 30, 1999.
City CIl~r_k. ~ '~
CiTY OF DUBLIN
~' (-J Mayor
ZUMWALT ENGINEERING GROUP
/ /
ZUMWALT ENGINEERING GROUP
CHARGE RATE FEE SCHEDULE ~
FOR FISCAL YEAR 1998-99
The compensation of Zumwalt Engineering Group for work done will be on thc basis of an hourly charge rate,
plus incurred cxpenses and will be thc sum of all the Roms set forth belOw:
A. PERSONNEL SERVICES
PRINCIPAL . $120 HR
SUPERVISING ENGINEER 115 HR
SENIOR ENGINEER 105 HR
ASSOCIATE ENGINEER 95. HR
ASSISTANT ENGINEER 80 HR
FIELD REPRESENTATIVE 75 HR
TECHNICIAN / CAD OPERATOR 70 HR
CLERICAL/OFFICESUPPORT 45 HR
TWO-MAN SURVEY CREW 160 HR
Rates for individuals may vary depending on the service performed.
EFFECTIVE THROUGH JUNE 30,1999 AND SUBJECT TO REVISION ANNUAI.LY
Be
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 supervisionl
C#
OUTSIDE SERVICES
1. Invoice cost of services and expenses charged to Zumwalt Engineering Group byoutside consultants,
professional, or technical fu'ms engaged in connection with the order, plns 15% handling charge.
D. MISCELLANEOUS EXPENSES
Thc invoice cost of materials, supplies, reproduction work, and o~her serviccs 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 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 b~sis 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 ENGINEER/SURVEYOR 83 HR
ASSOCIATE ENGINEER 7.7 HR
SENIOR DESIGNER 77 HR
STAFF ENGINEER 66 HR
FIELD REPRESENTATIVE 66 HR
CAD DESIGNER 66 HR
TECIINICIAN/CAD OPERATOR 50 HR
CLERICAL / OFFICE SUPPORT 40 I-IR
EFFECTIVE THROUGH JUNE 30, 1999 AND SUBJECT TO REVISION ANNUALLY
TRANSPORTATION EXPENSES
C. OUTSIDE SERVICES
1. h~voice cost o£ se~ices and cxpens~ char§ed to Zumwalt En~-~¢efi~g Group by out~ide consuJtams~
professional, or tectmical tin'ns enga§ed in compaction 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 ~/~, .:99
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND ZUMW~T ENGINEERING GROUP
FOR ENGINEERING SERVICES
WItEREAS, 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
WtlEREAS, said agreement was amended in April of 1999; and
WI-IEREAS, 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 $615,000.
CITY OF DUBLIN
ZUMWALT ENGINEERING GROUP
Date: ~
....!.,~.......:. .... ... ........ .., .... . ...... . :., ...... .... ., .... . ...... . ...... ... ...... ........, ,....,:.... .... ,...: :: ...: .....,;. :,.,..., .... .
'?~,-:.".!'.~'i':,.'!.'~??':;.:}~..::;h':.,,!'":h.'U.~.~.:'-.~';'.,.:',,..[; '.:":..;;"..",: .77<..":.: .':.",,': .~:.... :..: .'.:'.;:. ~ ~;i.'. ; ' ..:~.:i ' .'"".::', . ". .L: . ";;.. "; '.', :':..... '.".: .',,&i~'.'y . .. .,. . % ...
,." :.. 1~(.', .;s..; ?,':",, :s.." 7; ;. '~'? .: ..: "h ,.'~:;~' ~ .':"; ;; ... ?'?'" ?5" .4, '::t ';;..; ?..5:¢ Z';: ~J '.".':." '.;..::'" ?- .:':'{.>2:,:.:,-?%.;.. ':: :' ?';:.:.?" :' ':,''* ;-," :,z: .-:~. :':¢ .:.. '; 'r..' '*~;i~q:'.'-:' ', ' "':ii" '""' ";" '" *' "'"' ' "' ' ' ' .... ""
· ; ';'?~,." '":.':.~ :~..'~:":'"::-":.'.:.. 'q; ~?..5... , ..' . % .... ' .... .'2 ' ..... : .... #.. ...... '. · ' ' . '
:.'....,:,. '...: · .. ~.:...::: ;..: ,.':._-t..;":.:.; .....)..:; (;;'.~ ';'::-...'....' ..h. ".'. :.'( ..' .': ":':; ':.':'..... :.:( .' ..' :: ,': ....'., .,".].: .: ?.[': :...'' .-. '. ' :':: '. '[, :'.: .i'.' '. · ~, :.., . ..
. .L':' ::: ..'.L [':.":- .'~:; :.'., .,-.-';t.]',L e../;" :;.: ::,:..:[.[ .. ,.,~.: :..-- :'.':'. .2 i..:,..'. ',, '}..: 2'." . .'. -. . . '. }'.. ?, "; ;.'.. , '~...: .' ,. ..
agreement
l"Yeir
to
for Fiscal Year. ! ~9,.9,-.2_.00,.0.... ..............................................
EXHIBIT 1
page 1 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 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
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 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 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
Bo
PRINCIPAL
SENIOR ENGINEER
PROJECT ENGINEER/SURVEYOR
ASSOCIATE ENGINEER
SENIOR DESIGNER
STAFF ENGINEER
FIELD REPRESENTATIVE
CAD DESIGNER
TECHNICIAN/CAD OPERATOR
CLERICAL
$95.00
$g0.00
$85.00
$79.00
$79.00
$68.00
$68.00
$68.00
$51.00
$41.00
Rates for individuals may vary depending on the service performed.
EFFECTIVE THROUGH JUNE 30, 2000, AND SUBJECT TO REVISION ANNUALLY
OUTSIDE SERVICES
Invoice costof 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.
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%. Ail
out-of-pocket expenses not included 'in Items A and B will be included in this category.
O, R SOL nO /05-00
AMENDMENT TO AGREEMENT
BETWEEN CITY O1~ DUBLIN AND ZUMWALT ENGINEE~G GROUP
I*OR 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,
1998, to provide engineering services to CITY: and
W]I~EREAS, the City and the Consultant have extended the term of agreement 'for an
additional two years, terminating June 30, 2001; and
WHEREAS, Consukant has requested an adjustment of rates for Fiscal Year 2000-2001;
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 2000-2001.
The agreement shall have a not-to-exceed limit of $550,000 for Fiscal Year 2000-2001.
CITY OF DUBLIN
(J Mayor
ZUMWALT ENGINEERING GROUP
/',J'a~'es W. Zu~a~{,'principal
Date: ~ ~-~O
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 ail the items set forth below:
A. MUNICIPAL STAFF AUGMENTATION SERVICES
PRINCIPAL
SENIOR ENGINEER
PROJECT ENGINEER/SURVEYOR
ASSOCIATE ENGINEER
SENIOR DESIGNER
STAFF ENGINEER
FIELD REPRESENTATIVE
CAD DESIGNER
TECHNICIAN/CAD OPERATOR
CLERICAL / OFFICE SUPPORT
97 HR
92 HR
87 HR
81 HR
81 HR
70 HR
70 HR
70 HR
52 HR
42 HR
EFFECTIVE THROUGH JUNE 30, 2001 AND SUBJECT TO REVISION ANNUALLY
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.
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.
EXI-IIBiT "A" OF RESOLUTION [ [ ~'- -01
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROU, P
FOR ENGINEERING SERVICES
WItEREAS, 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, 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 :.term bf agreement shall be until j~e 30, 2003:
Adjustment of Rates
The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Ydar 2001-2002.
Consultant shall be entitled to request a further adjustment of rates for the second year of the agreement
term.
Cit~[.C~k ~ K.
CITY OF DUBLIN
ZUMWALT ENGINEERING GROUP
Jfimes W. Zumwa.,l~rincipal
Date: ~//~'~// '
g:¢ngr contract~zumwalfiamendment01
EXHIBIT 1 OF
AMENDMENT TO AGREEMENT
ZUMWALT ENGINEERING GROUP
CLASSIFICATION
Principal/Supervising
Engineer
Senior Engineer
Project
Engineer/Surveyor
Associate Engineer
Senior Designer
Staff Engineer
Field Represntative
CAD Designer
Technician/CAD Operator
Clerical
Student Intern
2001-2002
PROPOSED
RATE
$ .106.00
101.00
95.00
89.00
89.00
77.00
77.0O
77.00
57.00
46.00
38.00
g:engr~zumwalt\Exhibit 1 ambndment
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
2003; and
WHEREAS, said agreemem was amended to extend' the effective date through June 30,
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 Managemem 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.~
CITY OF' DUBLIN
kJVlayor
ZUMWALT ENGINEERING GROUP
es W. Zumw .~_rincipal
Date: /",C~',-~'~/
g:¢ngr eontract~zumwaltXamendment proj coord
EXHIBIT "A" OF RESOLUTION ~7-02
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.
ATTEST'
CITY OF DUBLIN
.... M~yor
ZUMWALT ENGINEERING GROUP
,/Jf~s W. Zumf3v~lt, Principal
g:engr-contractkzumwaltkamendment 02-03.doc
EXI~IBIT "A" OF RESOLUTION I2~o -03
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND ZU1VIWALT 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
WltEREAS, the .City and the Consultant wish to extend the term of agreement for an
additional two years, terminating June 30, 2005;
NOW, THEREFORE, the parties hereto agree as follows:
Extension of Term
The term of the agreement Shall be extended from july 1, 2003, to June 30, 2005. Should a
new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005,
then this agreement will automatically extend until a new agreement or amendment to agreement is
entered into or City gives written notice of termination.
Adjustment of Rates
The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2003-2004.
Consultant shall be entitled to request a further adjustment of rotes for the second year of the agreement
term.
CITY OF DUBLIN
y Mayor
ZUMWALT ENGINEERING GROUP
yames W. Z~aIt, Principal
Date: ~'~'tP5
g:engr contractXzumwalt~amendment03 -04
ZUMWALT ENGINEERING GROUP
21]~3--~2004 CHARGE RATE FEE SCHEDULE
The compensation of Zumwalt Eng.. e~-ing Crroup for Work dor~ will b~ on thc basis of an hourly. ~harge .ra_t~
'plus itict~d expenses and will be the sum of. all the items set forfla below: ..
A, PERsoNNEL SERVICES ..
$144 HR
I38 HR.
127 HR
1111 HR.
96 HR
70 HR
R=~ for indiv/duah may vary dep~uling on thg service performe, d. ·
EF~CTPa~ THrOUgH .tONE ~0, ~.00~ AND stm~ TO KE.V!S~0N m~rU~LL¥
TRANSPORTATION EXPENSES ,'
1. ThirtF. six amd % cents (0.365) per m/le for .use ofv~hicles. A minimum, o£six dollars [$6.00] per hour
will be charged for use ofvehi.'oles used. for field insp~-~ion and ~upervisiom
OUTSIDE SERVICES
!. -ti~voico cost of s~v!.ces and extx~., cs dmrged W D~mw~:~~g ~p by o~i~ ~~,
. profusion, or t~hnic~ ~ m~ h ~e~on ~ ~e ~, pI~ 15% ~g ~.
D:
MISCELLA. NE:OUS EXPENSES
I. Th~invoice cost ofmaefiats, supplies, r~roduction work, aud other services prdcurcd by Zumwatt
En~g Group from otnsicl~ sourc,~, plus a handti~_ g charge of I5%. All om-krf-pock~ exp~scs
riot included in Items A, B and C will be includ~ in.-this ca'mgm:
zUMWALT'ENGINEERING GROUP
MUNICIPAL STAFF AU.GME.NTATIO. N
200~-2004 CHARGE RATE FEE SCHEDULE
The compecsa~ion of Zumw.alt-Engin~,,rfng Group.for work done ~bilt b~ o~'th~ basis crt an hourly.char~ rate,
plus incm'red expenses and will. be.the sum ofall the ftems set' forth..below:
A. MUNICIPAL STAFF AUGMENTATION SERVICES
EtTPE~ THROUGH JUNE 30, 2003 A.ND gUB3F_,cr TO REVISION
TRANSPORTATION EXPENSES
L Thirty.six and 14 cents (0.365)per mile fqr use of vehicles. A minimum of six dolt. ars ($6.00) p~r hour
will be charge, for use ofvehicles usecI for field inspection and. supervision.
C. OUTSIDE SERVICES
1, Invoice cost o£ services and expresses Charg~ ~o Zumwatt Engineering Group by outs/de consultauts,
professional,~.or'technical firms ~ng~ged.i~ conn~-'fion wfth the order, plus 15% handling charge.
MISCELLANEOUS EXPENSES '-
t. ~e invoice cost ofmat~rfi~, supplies, reprodu~on werk, and.other ~ervice~ procm~t by Zumw~Jt '
Engin~ring Group from outsid~ sources, plus a haudling charge of 15%. Alt out~.f-poiv~t expe~¢s '
not h~chided in t~rn~ A, B and C will be included in tMs &ategory.