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TO: BOARD OF SUPERVISORS Contra
FRONT: MAURICE M. SHA:. PUBLIC WORKS DIRECTOR 1,_ -���,<� Costa
z. 'z.
DATE: August 15. 2006
s�9 C� County i
SUBJECT: APPROVE and AUTHORIZE the Public Works Director.or designee.to execute a contract amendment �
with Earth Tech. Bethel Island area. (_Federal Funds.Local Road Funds) ("District V) Project\o. 066?-
6R4043-02
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SPECIE=RE+ LEST.S:ORRECC.\1`.:E\DA.CN:S:SB=CKC-ROUND ANDiUSTIFiCATION
RECO-AIZiE\DED ACTIO\: I
APPROVE and AUTHORIZE the Public Works Director. or designee. to execute Amendment \o? to the.
Consulting Services Agreement(CSA)with Earth Tech effeetiv e August 15.'-006,to increase the payment limit by I
S 116.000 to a new payment limit of S717.000 to provide additional bridge design services for the Bethel Island Road �
Bridge Replacement Project. j
FISCAL IMPACT:
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There is no impact to the Count-General Fund. This project is covered 88.5%by Federal bridge replacement funds i
and 11.5% by local Road Funds.
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CO\TI\TI=ED ON ATTACHMENT: ❑x SIGNATURE:
J RECOMMENDATION OF COCSTI ADMINISTRATOR RECOMMENDATION OF BOARD CONINI T E
� ,�APPROVE OTHER
SIGNATLREISI:
ACT.`.'C•\OF BOA D' _- °WSJ` 6APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS- I HEREBY CERTIFY THAT TMS iS A TRLE AND CORRECT
rOPY OF AN ACTION TAKEN A`:D ENTERED OWN
L-NA\Da_LS ABSENT a'n L� MINLT-S OF THE BOARD OF SUPERC'SORS ON THE
AYES_ NOES DATE SH011KN.
ABSENT ABS-!A.\
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NLkp ATTESTED
G-Desion BOARD=ORDERS Mits Earth Teat Conaact Ame.^.d-dec
Cc- Gunn Admini trator JOHN CL N:CLERK OF THE BOARD OF
Audi-.1.r-Contralter SLPERVTSORS I
C-Iun: co-ncei
Crntrae,jr '
- BY: �EY-:`-- I
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SUBJECT: APPROVE and AUTHORIZE the Public Works Director. or designee. to execute
a contract amendment with Earth Tech. Bethel Island area. (District V) Project
No. 0662-6R4043-02 I
DATE: August 1 1-006
PAGE: , of'_
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REASONS FOR RECOMME\DATIO\S AND BACKGROUND:
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Bethel Island Road Bridge has been identified by the Federal Highway Bridge Replacement and
Rehabilitation Program as being structurally and functionally inadequate and is eligible for federal
funds to replace it. On November 14. -'_000 the Board approved a consulting services agreement �
(CSA)with Earth Tech(formerly J.duller International)for bridge design services. The agreement i
contained a proposed schedule for the completion of the environmental phase of the project by mid
2001. Earth Tech played a support role in this phase.with Counts-Public Works taking the lead. It
wasn't until mid 1-004 that the Count- received approval from Caltrans and the Federal Highway
Administration for the environmental document. During a portion this dela- Earth Tech's design
work was put on hold: however they did provide management services in support of the lengthy
environmental phase which exceeded the original scope of the CSA. Further.due to the lengthening
of the project schedule, actual labor rates have escalated beyond those used to develop the original
budget. This amendment provides a new rate schedule to allow the consultant to charge for their
services at current rates.
Also. several conditions led to unanticipated increases in project complexity and associated design
efforts. Finally.the utilities to be accommodated on the new bridge structure are more complex and i
numerous than originally anticipated.
Due to project delays out of the consultant's control and other changes from the original design �
assumptions.estimated costs for completion of Phase 2(final design)work exceed the budget limits �
approved in the original CSA dated November 2000. �
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This amendment corers additional costs for Phase, (final design)bridge design services.allowing I
additional budget for services provided by the prime consultant. Earth Tech. and one of the i
subconsultants. Imbsen& Associates.
CONSEQUENCES OF NEGATIVE ACTIO\:
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If the amendment is not approved.the consultant cannot be paid for out of scope items of work thus �
delay ine the project and preventing completion of the plans and specifications. �
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AMENDMENT No. 2 j
CONSULTING SERVICES AGREEMENT
PROJECT NAME: Bethel Island Road Bridge Replacement Project
Project No.: 0662-6R4043-02
Federal Project No.: BRLS 5928 (024)
1. Parties:
Effective on August 1-0.2006.the Coun'y of Contra Costa.a political subdivision of the State of Califorrra,hereinafter
referred to as"Public Agency."and Earth-1 ech.hereinafter referred to as•'Consultant.'•mutually agree and promise as
follows:
2. Purpose:
The parties desire to amend the agreement they entered into effective November 14. 2000, entitled "Consulting
Services Agreement."hereinafter referred to as the"Agreement." The Agreement is for bridge design services for the
replacement of the Bethel Island Road Bridge over Dutch Slough in the Bethel Island area. This Amendment provides
for'he following:
a. Consultant company name change
b.Additional Phase 2 budget
c. Update consultant's rate (fee) schedule.
d. Update the Consultant's tax payer I.D. number I
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3. Amendment(s)to Agreement:
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a.Amend section 1(b): Consultant's Name: Earth Tech. (note: Earth Tech acquired J. Muller
International in 2002)
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b. Amend section 1(e): Payment Limit Phase 2: Total Labor: 5367,992.81, Total Fee: S44,159.13. Consultant
shall divide the Total Labor and Total Fee payment between itself and subconsultants for Phase 2 as follows:
Earth Tech Phase 2 budget= S296.206.24 Y&C Phase 2 budget= S2.842.02 i
Imbsen Phase 2 budget= $113.103.68
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c. Amend Appendix B by adding the attached '2006 Earth Tech Fee Schedule'and deleting the staff rates set
forth in the"Cost Proposal Summary' in Appendix B. Additionally, amend Appendix B by adding the following
paragraph below the paragraph entitled "Method of Payment": i
Consultant's Fee Schedule
Consultant may adjust, on an annual basis on January 1, its staff rates to reflect adjustments to individual
compensation. Such changes shall be equal to consultant's actual changes in hourly rates. Prior to each
annual rate change, Consultant shall provide Public Agency with at least 30 days advanced written notice of the
changes. In no case shall the average of all adjustments in a given year exceed five (5) percent, or an
individual adjustment exceed eight(8)percent.
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d. Amend Sections B&D of"Method of Paymen " in Appendix B to increase the fixed fee for Phase 2o 544.159.31 l
and increase the limit or.the total amount payable by the Public Agency to S717.000.00 respectively.
e.Amend section 1(g) Federal Taxpayer's I.D. Number: 95-2661922
4. Remaining Provisions: i
Except for the changes made by this Amendment,all prov :ons of the Agreemen'shall remain in full force and effect.
5. Sionatures:
These signatures attest the parties' agreement to th;s Amenament.
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AMENDMENT No. 2 �
CONSULTING SERVICES AGREEMENT
PROJECT NAME: Bethel Island Road Bridge Replacement Project
Project No.: 0662-6R4043-02
Federal Project No.: BRLS 5928 (024)
PUBLIC AGENCY / CONSULTANT
By: By. 16� //�Zel
Mauri -81*j Charles Alpert '
Public Woos Director Vice President& Assistant Secretary
By: �
William E. Garrett, Assistant Secretary
Note to Consultant: For corporations. the contract must be signed by two officers. The first signature must be that
of the chairman of the board. president or vice-president; the second signature must be that of the secretary.
assistant secretary, chief financial officer or assistant treasure. (Civ. Code,Sec. 1190 and Corps. Code.Sec.313).
The acknowledgement below must be signed by a Notary Public.
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CERTIFICATE OF ACKNOWLEDGEMENT I
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State of California ) I
) SS.
County of Los Angeles )
On this date written below, before me, the undersigned Notary Public, personally appeared the person(s)signing I
above for Consultant, personally known to me (or proved to me on the basis of satisfactory evidence) to be the I
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she!they
executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s)on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. i
Witness my hand and official seal.
rnannru ronnco
Ccmmm1on*tQAW I
Dated: _ �� —L �• wotti�6 =
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[Notary's Seal] I
Jarmita Tomko, Notary Public
APPROVED AS TO FORM:
SILVANI B. MARCHESI
County Counsel l i
Deputy i
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= -_=s,zr 6C•ARD CRDE4S20D5Be:r=_i fs.anamerome no 2 cpra ed 8-10-2035.&C I
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APPENDIX B
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2006 Earth Tech Fee Schedule
Classification Hourlo• Rate
Technical D.ecto- 555.80 o S. 5.00 -
Pro ect%lana-e., 'S 43.16 to
-4-4.87
Senio- Bridae En;;in-er 533.16 to S44.871 i
Sen or EnQ neer" X3}.16 to S-4-1.87
B iaee Engineer 3.G- to S36..'1
Bridge Desiener S3=.0- ro 536.;1
"- CADD Technician S31.=3 to $36.13 I
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_- Br;d--e Intern 56.83 to S13J6 I
Aamimstra'iveA�=istant S1_'.-6 to 514.13
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Earth Tech I
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