HomeMy WebLinkAboutItem 4.12 ZumwaltAmendEngrSvcCITY CLERK FILE # 600-30
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: July 3, 2001
SUBJECT:
Amendment to Agreement with Zumwalt Engineering Group for.
Engineering Services
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
Resolution and Proposed Amendment
Letter from Zumwalt Engineering Group
Current Agreement and Amendments
RECOMMENDATION:
FINANCIAL STATEMENT:
Adopt resolution approving amendment to agreement and authorize
Mayor to execute amendment.
Under this agreement, Zumwalt Engineering Group provides general
engineering services to the City based on the adopted rate schedule.
The bulk of work performed by Zumwalt Engineering Group is in
the area of private development review and plan checking, and the
costs are paid by developers. Citing rising costs for employee
compensation, health care, employee benefits, rent and equipment,
Zumwalt Engineering Group is proposing a rate increase for Fiscal
Year 2001-2002 between 8.5% and 10.0% depending on personnel
classification. The net effect of the adjustment if applied to FY
2000-2001 hours by classification would be a 9.6% increase. The
rate increases for Zumwalt Engineering Group for each of the past
two years have been 2.5%. Including this rate increase, the average
of the adjustments for the three-year period is 4.87%, which is very
close to the three-year average Consumer Price Index rate for the
San Francisco Area.
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.
Zumwalt Engineering' s proposed rate schedule reflects increases in amounts ranging from 8.5% to 10.0%
depending on personnel classification. The bulk of the work performed by Zumwalt Engineering is in the
area of private development review; therefore, the cost of their work is paid by developers.
The work performed by Zumwalt Engineering to date has been satisfactory, professional, and competitive,
and Staff recommends that the City Council adopt the resolution approving the amendment to the
agreement.
COPIES TO: James Zumwalt, Zumwalt Engineering
ITEM NO.
G :\engr-contract\zumwalt\agstamendO 1. doc
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT
WITH ZUMWALT ENGINEERING GROUP
WHEREAS, the City of Dublin, State of California, entered into an agreement with Zumwalt
Engineering Group on July 7, 1997; and
WHEREAS, City and Consultant are desirous of continuing the agreement for an additional two-
year period; and
WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2001-2002;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the amendment to the agreement with Zumwalt Engineering Group, which is attached hereto as
"Exhibit A."
PASSED, APPROVED AND ADOPTED this 3rd day of July, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
glengr~zumwal~resoamendO I
EXHIBIT "A" OF RESOLUTION -01
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP
FOR ENGINEERING SERVICES
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt
Engineering Group (hereinafter referred to as "CONSULTANT"), entered into an agreement on July 7,
1997, to provide engineering services to CITY: and
WHEREAS, 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 of agreement shall be until June 30, 2003.
Adjustment of Rates
The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2001-2002.
Consultant shall be entitled to request a further adjustment of rates for the second year of the agreement
term.
CITY OF DUBLIN
ATTEST:
Mayor
City Clerk
ZUMWALT ENGINEERING GROUP
James W. Zumwalt, Principal
Date:
g:engr contract\zumwalt\amendment01
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
77.00
77.00
57.00
46.00
38.00
g:engr%zumwalt\Exhibit I amendment
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
February 6, 2001
Mr. Lee S. Thompson
Public Works Director
CITY OF DUBLIN
P.O. Box 2340
Dublin, CA 94568
Subject: Proposed contract rates for FY 2001/2002
Dear Mr. [/od, n~ .
This letter is in response to your' January 23, 2001 letter requesting our proposed contract rates for
Fiscal Year 2001/2002, as well as any proposed contract, personnel or service level changes.
Attached herewith is our proposed 2001-2002 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 2001-2002
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 offices 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 8.5 to 10 percent to
offset the increase in the cost of providing services especially in the areas of employee compensation,
health care and other employee benefits as well as rent and equipment.
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. I look forward to discussing this information with you at your convenience.
Very truly yours,
ZUMWALT ENGINEERING GROUP
A California Corporation
rincip~~es~. Z~ .'
Attachments
Keyin VanKatwyk
ZUMWALT ENGINEERING GROUP
Fiscal Year 2001.2002 Update
STANDARD RATES
2000-2001
CLASSIFICATION HOURS
TO DATE
Principal, 0
Supervising Engineer 0
Senior Engineer 0
Associate Engineer 0
Assistant Engineer 0
Field Representative 0
Technician/CAD Operator 0
Clerical/Office Support 0
Two-Man Survey Crew 0
CUMULATIVE EFFECT 0
2001-2002
2001-2002 TOTAL PROPOSED
RATE COST RATE
$ 126.00 $ $ 138.00
$' 121.00 $ - $ 133.00
$ 111.00 $ - $ 122.00
$ 99.00 $ $ 108.00
$ 84.00 $ - $ 92.00
$ 79.00 $ - $ 86.00
$ 74.00 $ - $ 81.00
$ 47.00 $ - $ 51.00
$ 168.00 $ - $ 184.00
$
$
$
$
$
$
$
$
$
$
TOTAL
COST
TOTALCOST
% CHANGE
9.5%
9.9%
9,9%
9.1%
9.5%
8.9%
9.5%
8.5%
9.5%
0%
MUNICIPAL STAFF AUGMENTATION RATES
CLASSIFICATION
Principal/Supervising
Engineer
Senior Engineer
Project Engineer/Surveyor
Associate Engineer
Senior DeSigner
Staff Engineer
Field Representative
CAD Designer
Technician/CAD Operator
Clerical
Student Intern
CUMULATIVE EFFECT
2000-2001
HOURS
TO DATE
485,5
1159
140
560
0
15
0
101.5
0
80
341.5
2000-2001
RATE
$ 97.00
$ 92.00
$ 87.00
$ 81.00
$ 81.00
$ 70.00
$ 70.00
$ 7O.00
$ 52.00
$ 42.0O
$ 35.00
2001-2002
TOTAL PROPOSED TOTAL
COST RATE COST
$ 47,093.50 $ 106.00 $ 51,4'63.00
$ 106,628.00 $ 101.00 $ 117,059.00
$ 12,180.00 $ 95.00 $ 13,300.00
$ 45,360.00 $ 89.00 $ 49,840.00
$ - $ 89.00 $
$ 1,050.00 $ 77.00 $ 1,155.00
$ $ 77.00 $ -
$ 7,105.00 $ 77;00 $ 7,815.50
$ $ 57.00 $ -
$ 3,360.00 $ 46.00 $ 3,680.00
$ 11,952.50 $ 38.00 $ 12,977.00
$ 234,729,00 $ 257,289.50
TOTAL COST
% CHANGE·
9.3%
9.8%
9.2%
9.9%
9.9%
10.0%
10.0%
10.0%
'9.6%
9.5%
8.6%
9.6%
Admin/Marketing/Proposals/Dublin/Hours - Rate Increase Worksheet Dublin 01-02 '., 2/6/01
SUPPLEMENT TO
ZUMWALT ENGINEERING GROUP
MUNICIPAL STAFF AUGMENTATION
2001-2002 CHARGE RATE FEE SCHEDULE
Classification of Employees anticipated providing services to the City of Dublin during the
2000-2001 Fiscal Year:
Employee
J. Zumwalt
M. Lander
B. Zaeni
K, Crane
J. Enke
C. VanKatwyk
G. Antkowiak
M. Coutson
A.D. Dopson
G. Kugler
L. Hernandez
~. Chima
'P. Farris
2000-2001 Classification
Principal
Senior Engineer
Supervising Engineer
Senior Engineer
Senior Engineer
Project Engineer
Associate Engineer
Associate Engineer
Senior Designer
Staff Engineer
CAD Designer
Supervising Engineer
Student Intern
2001-2002 Classification
Principal
Supervising Engineer
Supervising Engineer
Senior Engineer
Senior Engineer
Project Engineer
Associate Engineer
Associate Engineer
Senior Designer
Staff Engineer
CAD Designer
Supervising Engineer
Student Intern
Employees other than those listed above are available to the City upon request. Clerical staff support
is available to assist the technical staff with the preparation of development review documents.
7 4
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of/xql:}y ~JZG, 1997, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and ZUMWALT ENGINEERING
GROUP ("Consultant"), who agree as follows:
1. SERVICES. Subject to the terms and conditions
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 prac,
~, filch Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at
its sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general p ,c .Asions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work pertinent to this contract st~all
be subcontracted without written authorization by the City, except that which is expressly identified in
tb .: 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 amotmt 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 Manager or members of the project
Agreement
Page 1 of 2
06/02/97
team without prior written approval by the City. The Project Manager for Consultant shall be JAMES W.
ZUMWALT.
9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any written notice to Consultant shall be sent to:
Zumwalt Engineering Group
One Annabel Lane, Suite 110
San Ramon, CA 94583
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
Attest:
CITY OF DUBLIN,
a municipal corporation
By ..r
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 amount not to exceed the total sum of ONE
HLrNDRED 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 arisin~ .;under this Agreement2
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 liraking 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
EXHIBIT D
nOV S ONS
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
Consultm~t accomplishes services rendered pursuant to this Agreement.
LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all
:!icerises, 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
Agreement as may be reasonably necessary for satisfactory
obligations pursuant to this Agreement.
of services pursuant to this
performance of Consultant's
INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of
contract insurance against Claims for injuries to persons or damages to property which may
from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)'
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance 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) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3)
Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
Exhibit D
Page 1 of 5
06/02/97
B,
Minimum Limits of Insurance. 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 deductibtes or self-insured retentions as respects the City, its
officers, officials and employees; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The policies are to contain, c~' be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverages.
(a)
The City, 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 Consukant; 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 proteCt:icon
afforded to the City, its officers, officials, em]'doyees 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.
Exhibit D
Page 2 of 5
06/02/97
(d)
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(2) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consukant 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 Consukant 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 certk .~;:t
mail, return receipt requested, has been given to the ~';ity.
E,
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
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 fight
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.
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 (5~;~,?
to any obligation whatsoever.
Exhibit D
Page 3 of 5
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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. Consultant shall perform all services required pursuant to
this Agreement in the manner and accor. ding 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 whi:ch
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, tirst
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
o
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 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 this Agreement Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material eleme~,.'. 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 by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by :the terms of such fiscal assistance program.
11.
DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared. by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to be
performed hereunder or upon termination of the Agreement. No such materials or properties
Exhibit D
Page 4 of 5
06/02/97
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have 'unrestricted authority to publish, disclose (as ma), be
limited by the provisions of the California Public Records Act), distribute, and otherwise u..'--;e,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Consultant shall perform. work as designated by City. All reports or other documents prepared
by Consultant shall specify the scope of work to be performed. City shall use all reports and
other documents for the purposes and/or projects specified in the scope of work. At the request
of City, Consultant shall review any report or other document previously prepared by Consultant
to determine its applicability to a different project or for a different purpose.
Exhibit D
Page 5 of 5
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ATTACHMENT A
ZUMWALT ENGINEERING GROUP
1997 CHARGE RATE FEE SCHEDULE
/?
The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate,
plus incurred expenses and will be the sum of all the items set forth below:
A. PERSONNEL SERVICES
PRINCIPAL $110 HR
SUPERVISING ENGINEER 100 HR
SENIOR ENGINEER 90 HR
ASSOCIATE ENGINEER 80 HR
ASSISTANT ENGINEER 70 HR
FIELD REPRESENTATIVE 65 HR
TECHNICIAN / CAD OPERATOR 60 HR
CLERICAL / OFFICE SUPPORT 40 HR
TWO-MAN SURVEY CREW 155 HR
Rates for individuals may vary depending on the service performed.
EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY
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.
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.
/z
ATTACHMENT B
ZUMWALT ENGINEERING GROUP
MUNICIPAL STAFF AUGMENTATION
1997 CHARGE RATE FEE SCHEDULE
The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate,
plus incurred expenses and will be the sum of all the items set forth below:
A. MUNICIPAL STAFF AUGMENTATION SERVICES
PRINCIPAL $ 80 HR
PROJECT MANAGER 75 HR
PROJECT ENGINEER/SURVEYOR 70 HR
STAFF ENGINEER 60 HR
FIELD REPRESENTATIVE 60 HR
TECHNIC~/CAD OPERATOR 45 HR
CLERICAL / OFFICE SUPPORT 35 HR
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 sentices 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.
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EX~IT "A" OF RESOLUTION/~-00
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND ZUMWALT ENGINEERING GROUP
FOR ENGINEERING SERVICES
WltF~REAS, the City of Dublin (hereinafter referred to as "CITY") and Zumwalt
Engineering Group (hereinafcer referred to as "CONSULTANT"), entered into an agreement on July 7,
1998, to provide engineering services to CITY: and
Wlt'F~REAS, the City and the Consultant have extended the term of agreement for an
additional two years, terminating hne 30, 2001; and
WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 2000-200 I;
NOW, THEREFORE, the parties hereto agree as follows:
Adjustment oftLates
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
~layor
ZUMW~T ENGINEEKING GROUP
ZUMWALT ENGINEERING GROUP
MUNICIPAL STAFF AUGMENTATION
2000-2001 CHARGE RATE FEE SCHEDULE
The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate,
plus incurred expenses and will be the sum of all the items set forth below:
A. MUNICIPAL STAFF AUGMENTATION SERVICES
PRINCIPAL
SENIOR ENGFNEER
PROJECT ENGINEER/SURVEYOR
ASSOCIATE ENGE~EER
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.