Agenda

Return

C. 1

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	March 8, 2022

Contra

Costa

County

Subject:

Assignment and Assumption Agreement and Amendment with Dewberry Engineers Inc. d/b/a Dewberry | Drake Haglan, Countywide.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/08/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Neil Leary (925) 313-2278

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 8, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an Amendment with Dewberry Engineers Inc. d/b/a Dewberry | Drake Haglan, acknowledging the Assignment and Assumption Agreement between Drake, Haglan & Associates, Inc. and Dewberry Engineers Inc. d/b/a Dewberry | Drake Haglan, effective September 28, 2019, and adjusting the per phase Payment Limits and Fixed Fee amount to incorporate the cost of optional tasks approved by the County to be performed by the Consultant for professional engineering services for the Byron Highway Bridge Replacement Project, with no change to the overall payment limit of $1,403,456 or term of September 11, 2018 through June 30, 2025, Byron area. County Project No.: 4660-6X1048, Federal Project No.: BRLS 5928(104) (District III).

FISCAL IMPACT:

There is no fiscal impact as there is no increase to the overall contract payment limit. Work performed under the Byron Highway Bridge Replacement Project contract is funded by 88.5% Federal Highway Bridge Program Funds, 8.5% Department of Water Resources Funds and 3% Local Road Funds.

BACKGROUND:

This project will replace the Byron Highway Bridge (#28C-0121), which spans the California Aqueduct and is located approximately 11 miles northwest of Tracy and 4 miles southeast of Byron.

On September 11, 2018, County contracted with Drake, Haglan & Associates, Inc. to provide professional engineering services for the Project after completing a request for proposal solicitation and technical proposal process. Professional engineering services for the Project include full and complete design engineering and structural design services as well as providing geotechnical and hydraulic studies, construction support, project management and coordination, and environmental clearance and permitting services, and right of way support, for the proper and satisfactory execution of the Byron Highway Bridge Replacement project.

On September 28, 2019, Dewberry Engineers Inc. d/b/a Dewberry | Drake Haglan was assigned the Project’s agreement from Drake, Haglan & Associates, Inc. through an Assignment and Assumption Agreement. This amendment provides for the acknowledgement of the assignment of the County agreement from Drake, Haglan & Associates, Inc. to Dewberry Engineers Inc. d/b/a Dewberry | Drake Haglan, which is necessary for the continuation of design and construction support through the remaining phases of the contract. The amendment also increases the fixed fee to $109,166.68 and adjusts the Per Phase Payment Limits within the original overall Payment Limit for performance of optional tasks included in the scope of services, which is necessary for the continuation of design and construction support through the remaining phases of the contract. The optional tasks performed require more Dewberry Engineers Inc. d/b/a Dewberry | Drake Haglan labor and less direct costs than initially assumed in the fee table, resulting in a necessary increase to the Fixed Fee.

Government Code Section 31000 authorizes the County to contract for services including the Project services that Dewberry Engineers Inc. d/b/a Dewberry | Drake Haglan provides.

CONSEQUENCE OF NEGATIVE ACTION:

Without approval from the Board of Supervisors, a delay in construction of the Project will occur, which will ultimately delay the completion of the Project, result in substantial additional project costs and jeopardize the funding.