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Home My WebLink AboutMINUTES - 12052006 - C.118 s L-�£ TO: BOARD OF SUPERVISORS �- � =•• CONTRA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES ° 's COSTA DATE: DECEMBER 5, 2006 COUNTY sra'cbtiN'" SUBJECT: APPROVE FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH RIEDINGER CONSULTING TO PROVIDE CLAIMS ANALYSIS AND LITIGATION SUPPORT SERVICES RELATED TO FIRST & SECOND FLOOR REMODEL AND PARKING LOT EXPANSION AT 1650 CAVALLO ROAD, ANTIOCH FOR THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1 RECOMMENDATION - l l� 1. APPROVE First Amendment to the Consulting Services Agreement dated April 4, 2006 with Riedinger Consulting, which would increase the payment limit by $90,000 from $60,000 to $150,000, for additional claims analysis and litigation support services in connection with the above project. 2. AUTHORIZE the Director of General Services, or designee, to execute the amendment. FINANCIAL IMPACT The additional consulting services will be funded by project funds. BACKGROUND The 1650 Cavallo Road project was accepted as substantially complete by the Board on April 19, 2005. The project was delayed more than a year by contractor performance and payment issues. Various lawsuits were filed in connection with the project and were consolidated as one case — S & K Metal Fabricators v. Tinney Construction Corp. et al., Contra Costa County Superior Court Case No. C05-01034. To assist the County in defending against the claims filed by the contractor (Tinney) and the surety (Travelers), County Counsel solicited for claims consultant services and Riedinger Consulting (Riedinger) was selected. A Consulting Services Agreement (Agreement) was signed by Riedinger and the County effective April 4, 2006. Under the Agreement, Riedinger is providing a review and assessment of project documents and schedule and delay analyses. Because of unanticipated difficulties with the project documents and the need to prepare the case for mediation, which is scheduled for December 13, 2006, additional services are required of Riedinger. Additional services are also required to review a large volume of documents that was made available by Travelers, Tinney's bonding company. The proposed amendment also covers services for trial preparation should that be necessary. In order to properly prepare for the impending mediation, and possibly a court case, staff recommends approval of the amendment. CONTINUED ON ATTACHMENT: YES SIGNA q-4-- a —COMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOAR C MMITTEE -_4.APPROVE _OTHER l SIGNATURES. ACTION OF BOA D N / /(/`='�� APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA NTACT: MICHAEL J. LANGO(313-7100) Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISO S ON THE DATE SHOWN, CPM File: 305-0102/A.1.1 b 305-0102/A.5 ATTESTED County Administrator's Office JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor Controller Employment and Human Services Department(via CPM) BY O ,DEPUTY Riedinger Consulting(via CPM) H:\2001\3050102\01B002423brev.doc RL:TB Page 1 of 1 M382(10/88) File:305-0102/A.1.1 FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT FOR CLAIMS ANALYSIS AND LITIGATION SUPPORT SERVICES FIRST&SECOND FLOOR REMODEL AND PARKING LOT EXPANSION AT 1650 CAVALLO ROAD,ANTIOCH FOR THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT (WH457B) 1. Effective Date and Parties: Effective December 5,2006,Riedinger Consulting(herein called"Consultant"),a Sole Proprietorship,and the County of Contra Costa(herein called"County"),a political subdivision of the State of California,mutually agree as follows: 2. Pu_ ruose: On April 4, 2006, the parties entered into a contract entitled "Consulting Services Agreement," referred to as the "Agreement," which covers claims analysis and litigation support services in conjunction with the lawsuit filed on the above project. The parties desire to amend the Agreement to expand the scope of service and to increase the payment limit accordingly. 3. Amendments to Agreement: A. In the Agreement, Section 1(e), change the Payment Limit from $60,000.00 to $150,000.00, an increase of$90,000.00. This change shall apply to charges from and after August 15,2006. B. In accordance with Section 14 of the Agreement,provide the following additional services: Provide additional claims analysis and litigation support services in accordance with Consultant's attached November 7, 2006 proposal, as annotated by County,which is made a part of Appendix A to the Agreement. 4. Effect: Subject to the revisions made by this Amendment,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: Michael J. Lango (Designate type—corporation,sole proprietorship,partnership, Director of General Services/Purchasing Agent partnership,government agency,limited liability company,etc.) If corporation,state of incorporation: RECOMMENDED FOR APPROVAL By: By: Date: Title: Rob Lim,Capital Projects Division Manager (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. 1 190 and Corps. Code,Sec. 313.) The acknowledgment below must be signed by a Notary Public. .................................................................................................................................................................................................. APPROVALS/ACKNOWLEDGMENT APPROVALS FORM APPROVED COUNTY COUNSEL By: Deputy APPROVED: COUNTY ADMINISTRATOR By: 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 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. WITNESS my hand and official seal. Dated: Notary Public [Notary's Seal] RL:tb Attachment Il:\20019050102\01B002424arev.doc Page I of I Contra Costa County 1650 Cavallo Office Remodel,Antioch Proposed Workplan and Estimated Budget s%;&e M ft'w " s i .� of r �" pro. 5r t*� r tiv r4r wa't' .uW�g m�tG��9 y;"'tl..',�c �a "r�`°a'�4 .ro �` ui „a. a^ Ee„e'°t'"„^e' ""e2S` �n'`fV�anaging TASK# s TASK OESCRtPT1ON f , trctpal�T < Fee �k ikE�yn�» i� 8 !� ! a` sullen CiOnS Itant :�22 ,"sdW »`.`` r# - . F; �..+,w.sw.,�°,��°�x.�,w'�;.. ,. r» Phase I-Prelimina Review&Assessment _ mm 1 Meet with project team for overview of project and key issues. Site walk of 8 8 project. 2 Review baseline schedule to understand planned critical path and construction sequence. Evaluate if baseline was a reasonable schedule. 6 12 3 Review contract to understand requirements pertaining to schedule and schedule delays. 4 4 Review schedule updates and other Contractor schedules prepared,such as 3 week rolling schedules. Determine which schedules are available in electronic 4 12 format. 5 Preliminary review of other project documents available such as change orders with time requests,daily job reports and meeting minutes. 8 6 Determine best approach for schedule analysis based on the information available. 2 4 x4+.0 '. � ® E �' s Sufi of 24 a 44 �$..- 11,840;`, Phase II-Schedule Analysis 7 Create summary comparison schedule of as-planned vs.as-built critical path of schedule. Identify activities on the critical path that were delayed. 8 20 24 8 Evaluate schedule updates submitted to determine if the critical path changed at any time during the project and needs to be considered in the analysis. 4 16 9 Review project documents for information about the issues delaying the critical path. Create summary spreadsheet and binder of key correspondence and 6 16 24 daily report information as documents are reviewed. 10 Develop list of possible delay issues for each activity delayed on the critical path. Correlate key delay issues with critical path activities delayed and 8 24 allocate responsibility for those delays. 11 Review change orders with time requested and reasons time was granted or rejected. Determine if these changes impacted the schedule. 8 12 Create summary table and schedule graphic detailing delays to critical path, cause of delays,and responsibility for delays. 6 8 24 13 Meetings,telecons,emails to review schedule analysis with project team and 8 8 get input. Assume 2 meetings. yg Am= tort t w d0 :i0f} 72 '$°w 31,200:1 e5�" w'x �"w'��u w, �'•,'. r .. Phase II-Additional Tasks 14 Retrieve missing documents from Interactive Resources and complete 8 20 evaluation of C.O.'s 1-14 15 Review and evaluate C.O. 15-20 for schedule impact. 8 40 17 Review County emails(Larry Jones,Steve Hrusecky). 12 16 18 Review Tinney and Travelers Documents. 20 24 November 7,2006 RiedingerConsulting Budget.ContraCostaCntyl 1.07.06.xls Contra Costa County 1650 Cavallo Office Remodel,Antioch Proposed Workplan and Estimated Budget TASK# t-=TASK�OE�S RIP'f10N ��x q�ri � �� r � �� _ �, � �� ' ��Prrrr pale `rAAarlaging� � rStaff � 19 Review Subcontractor Documents for information to verify and complete as- buiilt schedule. 4 8 30 20 Review daily reports to verify and complete as-built schedule. 4 8 24' 21 Review payments authorized vs.payments made vs.stop notices. B 16 30 22 Summarize County position for settlement purposes. 8 8 23 Meetings,telecons,emails to review schedule analysis with County Counsel 8 8 J C Phase III-Mediation Preparation 24 Create Powerpoint"presentation of as-built schedule analysis for use in 40 32 40 mediation. 25 Meetings,telecons,emails to prepare for mediation. 8 8 26 Prepare for and Participate in mediation. 12 8 N t§ s,�y�x s, rX r u s �'�' �ci'i� w mid 's ��ag� FR11� � M�sespaneo s Expelss,m>RetoduCmt . tJpplias Pyr tai Expenses $ 500`; 4iac'�; � Revised idgalft eed ct� Urt, K81101. ,6� wo s� ff� rs Tota4 BudgeLi?faasPsf Al ,$;3 111,626,E Phase IV-Trial Preparation 27 Change Order Analysis 12 35 10 28 Review Travelers Settlement Conference Statements." 4 29 Prepare Deposition.Questions for 10 deponents and fax relevant documents to County Counsel. 12 31 15 30 Emails and telecons to discuss case. 6 1 31 Compile Riedinger Workproduct for Trial. 5 32 Review deposition transcripts for additional information for mediation. 8 20 33 Create summary of numbers for County review and input. 2 2 Total Budget Phases I-IV:. $ 136,240 Additional Services Allowance subject to the County's written athorization: $ 13,760 TOTAL $ 150,000 Original Contract: $ (60,000) Amendment#1 Amount: $ 90,000 November 7,2006 RiedingerConsulting Budget.ContraCostaCnty11.07.06AS