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RESOLUTION NO. 73-2008
APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH ENGEO INC. FOR ADDITIONAL DESIGN WORK
ASSOCIATED WITH THE SAN RAMON CREEK REALIGNMENT AT
EL CAPITAN BRIDGE, CIP NO. A-458
WHEREAS, the Town entered into a Consultant Services Agreement with ENGEO Inc. on
April 4, 2006, for engineering services associated with design, permitting, and construction
support for the San Ramon Creek Realignment at EI Capitan Drive Bridge, CIP No. A-458;
and
WHEREAS, Paragraph 2 "Time of Performance" indicates that said agreement will be valid
for two calendar years; and
WHEREAS, Paragraph 3A "Compensation and Method of Payment" limits total
compensation to $92,800; and
WHEREAS, ENGEO Inc. has presented a Request for Change Order to the Town dated
April 10, 2007 (revised October 25, 2007), that includes a request for additional
compensation of up to $167,485 for a total not-to-exceed budget of $260,285; and
WHEREAS, the adopted 2008/09 through 2012/13 Capital Improvement Program
allocates sufficient funding for Project A-458 to account for the additional compensation
limit; and
WHEREAS, the total compensation limit must be increased and the validity date of said
agreement extended in order for ENGEO Inc. to continue providing uninterrupted service
to the Town; and
WHEREAS, the City Engineer is recommending that the total compensation limit be
increased and the validity date be extended; now, therefore, be it
RESOLVED, by the Danville Town Council, that the Town Manager be authorized to
execute an amendment to the Consultant Services Agreement with ENGEO Inc. for the
San Ramon Creek Realignment Project, CIP No. A-458, which addresses the following
changes:
1. Paragraph 2 "Time of Performance" of the agreement is hereby amended to
indicate compensation not to exceed $260,285 ($92,800 + $167,485) according
to ENGEO's Request for Change Order; and
2. Paragraph 3A "Compensation and Method of Payment" is also hereby
amended to indicate that said agreement will be valid until April 6, 2014
(eight-year agreement that includes a five-year post-construction mitigation
monitoring period); and
3. All other terms and provisions of the original agreement remain unchanged.
APPROVED by the Danville Town Council at a regular meeting on June 17, 2008 by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Andersen, Arnerich, Doyle, Shimansky, Stepper
None
None
M~ua~
AYOR
None
APPROVED AS TO FORM:
ATTEST:
~13 -.c:
CITY ATTORNEY J
PAGE 2 OF RESOLUTION NO. 73-2008