HomeMy WebLinkAboutMINUTES - 01062004 - C71-C75 TO: BOARD OF SUPERVISORS CONTRA
FROM: Tom Whittington COSTA
CICS, Department of Information Technology COUNTY
°�''`r���-ham"•.
DATE: JANUARY 6, 2004
SUBJECT: Consulting Agreement with Cherry Road Technologies
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract
amendment with Cherry Road Technologies to extend the term from November 30, 2003 to
January 31, 2004 and increase the payment limit by $83,300 to a new payment limit of
$167,000 for additional technical services with the PeopleSoft System conversion.
FINANCIAL IMPACT:
The conversion to a new salary table will result in an estimated cost savings of$225,000 annually.
BACKGROUND
The project to convert PeopleSoft to a new salary table was expanded to modify the structure
of the Job Family groups and improve the method of processing Cost-Of-Living-Allowances
(COLA's).
CONSEQUENCES OF NEGATIVE ACTION:
If the proposed changes are not made the ability to maintain Job Family data and COLA's will
require considerable manual effort by Human Resources and the Auditor-Controller.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Iie -
-KECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOA COMMITTEE
w APPROVE OTHER
SIGNATURE($):`
ACTION OF BOARb N~ f" APPROVED AS RECOMMENDED OTHER
>J
VOTE OF SUPERVISORS
'$ I HEREBY CERTIFY THAT THIS IS A
v UNANIMOUS(ABSENT x tea' _ ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISOF$ iN THE DATE SHOWN.
Contact: (4)Doff ATTESTED-"3-1345
CCATTESTED'r` € l ;. ¢i - '+'-'•y
JOHN SWEETEN,CLERK OFi
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
DEPUTY
T(3: BOARD OF SUPERVISORS ..
Contra
. J
FROM: Warren E. Rupf, Sheriff Costa
a�
DATE: December 10, 2003 County
SUBJECT: Emergency Warning System Interface G.p dp-
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION:
APPROVE and AUTHORIZE the Sheriff, or designee, to execute a contract on behalf of the
County with E Team, Incorporated, in an amount not to exceed $24,990, to provide consulting
services for the period of December 1, 2003 through May 31, 2004 to assess the feasibility
of an interface upgrade for the Community Warning System.
II. FINANCIAL IMPACT:
NONE. The cost of this project is paid by industry participants in the Community Warning
System program.
Ill. BACKGROUND:
The Contractor will provide software that will enhance the ability of the County's Community
Warding System to prepare for, respond to, and recover from incidents and emergencies.
The intent of the pilot program is to develop a push button application that will provide system
users a simplified and efficient program to capture, notify, and distribute information critical to
a multi-discipline response to incidents or emergencies that impact the citizens of the County.
SIGNATURE
CONTINUED ON ATTACHMENT: [3 YES
Q,RECOM MENDATiON OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
[3-APPROVE (1 OTHER
SIGNATURE(S):L
ACTION OF B{) Ii�ON
"
APPROVED AS RECOMMENDED OTHER [
VOTE OP.SLIPERMISORS' I HEREBY CERTIFY THAT THIS IS A TRUE AND
« ,. CORRECT COPY OF AN ACTION TAKEN AND
_! NANIMOUS(ABSENT ` `�r ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED-f , �
Contact: Glorla SuEtter 336-1526 J014N SWEETEN,CL,EkK OI='I'HE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Office of the Sheriff
CAO—Justice Systern Adndrilstration f
By: ' Deputy
TO: BOARD OF SUPERVISORS
Contra
FROM: SILVANO B. MARCHESI, COUNTY COUNSELQCosta
sta
DATE: January 6, 2004 County
SUBJECT: Approval of Contract for Specialized Professional Services
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND
.JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the County Counsel, or designee, to execute a contract with Farella Braun & Martel,
LLP, in an amount not to exceed $150,400 to provide specialized professional services for the period
December 1, 2003 through December 31, 2004,
BACKGROUNDIREASONS FOR RECOMMENDATIONS
On November 13, 2003, the Board terminated the contract rights of Arntz Builders in the Juvenile Hall Addition
Project contract. Arntz Builders has filed a claim against the County, and the County has claims against that
contractor. Administrative proceedings or litigation, or both, are anticipated in resolving these disputes. The
law firm of Farella Braun & Martel, LLP., has specialized expertise in the area of construction law. The County
Administrator's Office and the County Counsel believe that the services of Farella Braun & Martel, LLP., will be
of assistance to the County Counsel's Office in defending the County against the contractor's claims and in
pursuing the County's claims.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
---RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
—APPROVE , � OTHER
{
SIGNATURE(S): F �'
ACTION OF BOLI ON APPROVED AS I ECOWENDED
OTHER °'
VOTE OF SUPERVISORS
_ UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
THEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED N THE.MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED,... k,-' f< �r4- ..- ;{ '
cc: Contact: Silvano Marchesi, County JOHN SWEETE CLERK bF THE BOARD
Counsel (335-1814) OF SUPERVISORS AND COUNTY
Farella Braun & Martel (via County Counsel) ADMINISTRATOR
Auditor-Controller
County AdministratorBY
;`
Risk Management DEPUTY
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: January 6, 2004
SUBJECT: APPROVE and AUTHORIZE the Public Warks Director or designee, to execute a contract with
Bennis Chebotarev in an amount not to exceed $160,000 to provide system administration and
programming services, for the period February 1, 2004 through January 31, 2005, County wide
area(All Districts).
SPECI IC REQUESTS)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE,the Public Works Director or designee,to execute a contract with Dennis
Chebotarev in an amount not to exceed$160,000 to provide system administration and programming
services, for the period February 1, 2004 through January 31, 2005,County wide area. (All Districts).
II. Financial Impact:
None. All costs are supported by 60% gas tax revenue, 20% Special Districts, 10% Land Development
Fees, 10%Flood Control District revenue funds. ��.yJ r
F + C 3
Continued on Attachment: X SIGNATURE
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
x,,-AliPROVE _OTHER
SIGNATURES) Y <''
.r' -e
A TI N F B A. N...-. " PPR VED AS RE,C NDE ,,OTHER
I hereby certify that this is a true and correct copy of an action taken
E OF SUPERVISORS r; y and entered on the minutes of the Board of Supervisors on the date
UNANIMOUS(ABSEN shown.
AYES: _ NOES: R, '
ABSENT ABSTAIN: `
ATTESTED:
BLS JOHN SWEETEN,Clerk of the B ar of Supervis sand County
G:IADMIN\contracts\Dennis Chebotarev\2004\BO Dennis Chebotarev
Orig.Div: Computer Services Administrator
Contact: Batty Schamach 925/313-2185
c: Auditor Controller ` ✓"
General Services,Purchasing €�
CAO ..;
y
Accounting
Subject: APPROVE and AUTHORIZE the Public Works Director or designee, to execute a contract with
Dennis Chebotarev in an amount not to exceed $160,000 to provide system administration and
programming services, for the period February 1, 2004 through January 31, 2005, County wide
area. (All Districts).
Date January 6, 2004
Page 2
III. Reasons for Recommendations and Background.
The Public Works Department is employing this consultant to provide the following services for the
Oracle database.
- Tape Backup (via the StorageTek jukebox)
- Storm Water Utility Fee Assessment(write/run all scripts)
- Application Development, including, but not limited to: AOB Payment System, Sierra->Joint
Billing System Interface, and Program Budget Modifications.
IV. Consequences of Nei:ative Action.
Service described in Section III will not be performed. Also, possible interruption to production
database services due to lack of resource.
s. d
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
{a} Public Agency: Contra Costa County Public Works Department
{b} Consultant's Name&Address: Dennis Chebotarev
208 Siskiyou Court
Walnut Creek CA 945982115
(c) Project Name, Number, & Location: Contract Database Consultant
(d) Effective Date: February 1, 2004 (e) Payment Limits): $160,000
(f) Completion Date(s):January 31, 2005
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice Shlu -
Public Works Director/ By: -
Chief Engineer, or Designee (Designate official ca tty in the business Type of Business:
{sole proprietorship, government agency, partnership, corporation, etc.}
If Corporation, State of incorporation:
By:L.G` By:
(Designate official capacity in the business)
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 treasurer. (Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
} ss.
County of }
On the date written below, 66fore me, the undersigned Notary Public,.-I ersonaliy appeared the person(s)signing above for
Consultant,personally known to m-#*,Aproved to me on the basis satisfactory evidence}to be the person{s}whose name{s}
is{are subscribed to the within ins#rument. nd acknowled to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hls/her/th�ignat {s} on the instrument the person{s}, or the entity upon behalf of
which the person(s)acted, executed the instrument`;��'.,,�
WITNESS my hand and official seal.
Dated:
~` Notary Public
(Notary's Seal) �.,.
3. Parties.Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment,to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service.Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by
this reference.
6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for
Public Agency shall contain,in a separate section,the numbers and dollar amounts of this contract and all subcontracts
relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)
exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement, the
disclosure section may also contain a statement indicating that the total contract amount represents compensation for
multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000,000.00 and a maximum deductible of $250,000.00; and (c) Comprehensive General Liability Insurance,
including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for
owned and non-owned vehicles,with a minimum combined single limit coverage of$1.000.000.00 for all damages due
to bodily injury,sickness or disease,or death to any person,and damage to property,including the toss of use thereof,
arising out of each accident or occurrence,and naming Public Agency,Contra Costa Public Works Department,its/their
governing bodies,officers and employees as additional insureds.Consultant shall promptly furnish to Public Agency
certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy
lapse, cancellation or material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be
allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be
reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a
detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s)
specified in r Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be
submitted at convenient intervals approved by Public Agency and shall list,for each item of services, the employee
categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code
Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services
covered by this Agreement no later than the Completion Date(s)listed above.
11. Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records,for a
period of at least five years after Consultant's receipt of the final payment under this Agreement.Upon request by Public
Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to
authorized representatives of the state and federal governments,at a convenient location within Contra Costa County
designated by Public Agency,and without restriction or limitation on their use.
12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is
necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents.All materials and records of a finished nature, such as final plans,specifications, reports,
and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of
Public Agency.All materials of a preliminary nature,such as survey notes,sketches,preliminary plans,computations
and other data,prepared or obtained in the performance of this Agreement,shall be made available,upon request,to
Public Agency at no additional charge and without restriction or limitation on their use.
14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by
Consultant according to the rates or charges listed in Appendix S. In the event that no rate or charge is listed for a
particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to
commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a
written authorization or change order describing the work and payment terms has been executed by Public Agency prier
to the commencement of the work.
15. Payment Retention.Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the
fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted find billing,
and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds.Public Agency
will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will
not be withheld for any"on-call"work.
16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at anytime
by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of
termination.
17. Abandonment Consultant. In the event the Consultant ceases performing services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or
abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such
cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any
disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration. Any litigation
involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives
the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes,
ordinances, rules and regulations,whether federal, state, or local in origin. This includes compliance with prevailing
wage rates and their payment in accordance with California tabor Code,Section 1775,
20. Assi ng ment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether
voluntarily,by operation of law or otherwise,provided,however,that Consultant shall have the right to sub-contract that
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void.
21 Subcontract€ g All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Cade Section 3321 as applicable.
22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described
in Appendix A prior to delivering them to Public Agency,and where appropriate,indicate his/her registration number.
23. Patents and Conyrights,The issuance of a patent or copyright to Consultant or any other person shall not affect Public
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency
reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or
otherwise.
24. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, Contra Costa Public
Works Department,Its/their governing bodies,officers and employees from any and all claims,costs and liability for any
damages,injury or death arising directly or indirectly from,or connected with,the services provided hereunder and due
to,or claimed or alleged to be due to,negligence or willful misconduct of Consultant, its officers,employees,agents,
subconsultants,or any person under its direction or control,save and except claims or litigation arising through the sole
negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any
expenditures, including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if
requested by any of the indemnitees,will defend any such suits at the sole cost and expense of Consultant.
25. Heirs. Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the
benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's
governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of
qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted
scientific basis for such claims or without the prior approval of the Public Agency's governing board. in its Public
Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product,even if Consultant is not publicly endorsing a
product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Consultant may express its views on
products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by
the Public Agency's governing board or by law to receive such views.
27. Signatures. These signatures attest the parties'agreement hereto:
County of Contra Costa, California
By:
Purchasing Designee
Approved by County Administrator:
By:
County Administrator Designee
Attachments:Appendix A and Appendix B
Form approved by County Counsai(6/96)
G.,iCompsvc4SDMIN\contracts%Dennis Cheboterev\200411=6-04_CSA--dehebotarev_feb2004}an2005.doc
3198
Appendix "A"
Scope of Work
1. Tape Backup
Act as primary administrator of the StorageTek tape jukebox,which is used to back up all the departmental
Network and Database data. Until the Network Administrator @ Public Works is cross-trained in the backup
software and procedures,contractor will administer and maintain the backup process.
2. Storm Water Utility Fee Assessment
Contractor is the author and administrator of the scripts that are currently used to run the annual Storm Water
Utility Fee(SWCTF)Assessment. Contractor is the only staff member who has worked on this.Assessment
continuously for the last 6 years. This Assessment generates $12 million for the Clean Water Program annually.
3. Application Development
Provide ongoing programming support for departmental application development, including,but not limited to:
AOB Payment System, Sierra->Joint Billing System Interface, and Program.Budget Modifications.
Appendix "B"
Contractor Rete
Contractor rate is $80.00 hour.
Appendix "C"
Amendments to Consulting Services Agreement
The following paragraphs are hereby excluded from the Consulting Services Agreement:
7. Insurance
Contractor will not be required to carry his own Workers' Compensation Insurance, Professional
Liability Insurance or Comprehensive general liability Insurance.
9. Status
Contractor will be employed by Contra Costa County as a contract employee.
15. Payment Retention
Contractor will not be subject to Payment Retention.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cali rnia
as.
County of
� r
l
O before me, M
Date Name en .tie of oHlaar ..,°Jana Doe, ary Public")
personally appeared
Name{s}of Signer{s}
Personally known to me
proved to me on the basis of satisfactory
evidence
�^ to be the person)c whose namw)o.<
LISA A.DALZIEL subscribed to the withbi instrument and
Commisslon# 13771113 acknowledged to me�tat e! executed
4pmycorrinn,
Notary Public - C<tlifornlc the sa a in it uthorized
Contra Costa County ca acit
bo esSep28,2006 p Y( and that by his
signatureK on the instrument the personK� or
the entity upon behalf of which the person*
acted, executed the instrument.
T SS,.my han and `Ciel
— Sign lure of Nataty PUG
OPTIONAL
Though the information below is not required by Jaw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Uescr tion of Attached document " �-
Title or Type o ocument:
Jam.
Document Date: _Number of Pages:
Signer(s)Other Than Named A ve: /AI
Capacity(les) Claimed by Sig
Signer's Name:
Individual rop of to m Here
0 Corporate Offi --Title(s):
Partner— Limited ❑General
Attorne -in-Fact
11 Trustee
u Guardian or Conservator
C] Other:
Signer Es Representing: _,. �` __�
0 1999 National Notary Association•9350 De Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nafionainotary.org Prod.Na.5907 Reorder:Call 7611-Free 1.806.878-6827
CPM: 125-0101/A.1.1
TO: BOARD OF SUPERVISORS - `, CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: JANUARY 6, 2004 COUNTY
SUBJECT: APPROVE THE FIFTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH LUSTER NATIONAL, INC. FOR THE WEST CONTRA COSTA
COUNTY ANIMAL SHELTER, SAN PABL.O AVENUE AND SUNNYVIEW DRIVE,
PINOLE FOR THE ANIMAL SERVICES DEPARTMENT (WH473B) PIT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE the Fifth Amendment authorizing extra work under the Consulting Services
Agreement dated August 22, 2001, with Luster National, Inc. of Oakland for additional
construction management services for the West Contra Costa County Animal Shelter, San
Pablo Avenue and Sunnyview Drive, Pinole. The Fifth Amendment increases the scope of
services and increases the Payment Limit from $97,000 to $107,000.
2. AUTHORIZE the Director of General Services, or designee, to execute the Fifth Amendment to
the Consulting Services Agreement and to issue written authorizations for extra work, in addition
to the authorization for the Fifth Amendment, provided that the cumulative total cost for such
additional authorizations shall not exceed $5,000.
FINANCIAL IMPACT
Funds are budgeted in the Plant Acquisition account to pay for the additional construction
management services.
BACKGROUND
On August 22, 2001 the Director of General Services approved a consulting services agreement with
Luster National, Inc. to provide pre-construction services for the West County Animal Services
Shelter. The First Amendment increased the scope of services to provide additional coordination and
cost estimating services.
CONTINUED ON ATTACHMENT: X _YES SIGNATURE:
tECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMI EE
- a'ApPROVE _OTHER
SIGNATURE(S): ' -�
r'
ACTION OF BOARDrbN ' ` ' -s'Y _, APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department
I HEREBY CERTIFY THAT THIS ISA TRUE
Cc: General Services Department
Capital Projects Management Division AND CORRECT COPY OF TAKEN
AND ENTERED ON THE MINUTES
TES OACTION THE BOARD
Accounting OF SUPERVISC RS ON THE DATE SHOWN.
CPM File: 125-0101/A.1.1 - r r
125-0101/A.5 ATTESTED •{ 't I a �- ^, jx `
County Administrator's Office JOHN SWEETEN,-C—LEKK OF THE BOARD OF SUPEPVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor Controller
Animal Services Department(via CPM) BY DEPUTY
Luster National,Inc.(via CPM)
H:\2001\1250101\01G001136b.doc LDR:tb Page 1 of 2 M382(10/88)
APPROVE THE FIFTH AMENDMENT TO THE January 6, 2004
CONSULTING SERVICES AGREEMENT WITH LUSTER
NATIONAL, INC. FOR THE WEST CONTRA COSTA
COUNTY ANIMAL SHELTER, SAN PAELO AVENUE
AND SUNNYVIEW DRIVE, PINOLE FOR THE ANIMAL
SERVICES DEPARTMENT
The Second Amendment increased the scope of services to provide additional coordination and cost
estimating services and extended the Completion Date from March 1, 2002 to'August 1, 2002.
The Third Amendment increased the scope of services to provide construction management services
during the construction phase for the new facility and extended the Completion Date from August 1,
2002 to Completion of Construction.
The Fourth Amendment increased the scope of services to provide additional construction
management services due to the extension of the completion date because of weather conditions and
added site work.
The Fifth Amendment increases the scope of services to provide additional construction management
services required due to client initiated post construction changes, including modifications to the
animal cages, the addition of a partition wall, and cabinet modifications.
tb
File: 125-0101/A.L l
FIFTH AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR THE WEST CONTRA COSTA COUNTY ANIMAL SHELTER,
SAN PABLO AVENUE AND SUNNYVIEW DRIVE,PINOLE
FOR THE ANIMAL SERVICES DEPARTMENT
(WH473B)
I. Effective Date and Parties: Effective January 6,2004,Luster National,Inc.(herein called"Consultant"),a California Corporation,and the County
of Contra Costa(herein ca led"County"),a political subdivision of the State of California,mutually agree as follows:
2. Purpose: On August 20,2001,the parties entered into a contract entitled"Consulting Services Agreement,"referred to as the"Agreement,"which
covers construction management services to the West Contra Costa County Animal Shelter,San Pablo Avenue and Sunnyview Drive,Pinole.. The
Agreement has previously been amended as follows: First Amendment dated January 31, 2002, Second Amendment dated June 20, 2002, Third
Amendment dated July 23, 2002, and Fourth Amendment dated May 20,2003. The parties desire to further amend the Agreement to expand the
scope of service and to increase the payment limit accordingly.
3. Amendments to Aereement:
A. In the Agreement, Section I(c), change the Payment Limit from $97,000.00 to $107,000.00, an increase of$10,000.00. This change shall
apply to charges from and after September 29,2003.
B. In accordance with Section 14 of the Agreement provide the following:
Increase the scope of services to provide additional construction management services required due to client initiated post construction
changes,including modifications to the animal cages,the addition of a partition wall,and cabinet modifications.
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. Signature:
These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Barton J.Gilbert (Designate type—corporation,sole proprietorship,partnership,
Director of General Services/Purchasing Agent partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:__
Title:
(Designate official capacity in the business)
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 treasurer. (Civ. Code, Sec.
1190 and Corps. Code,Sec. 313.) The acknowledgment below must be signed by a Notary Public.
..........................................................................................................................................................................I.......................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss
County of
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that be/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.
WITNESS my hand and official seal.
Dated:
[Notary's Seal) Notary Public
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management SILVANO B.MARCHESI
County Counsel
By:
Deputy
LDR:tb
HA2001\1250101\01G0011.37a.doc Page I of I