Title
Transportation Department recommending Chairman be authorized to sign Amendment II to Agreement for Services AGMT 05-853 with Environmental Stewardship & Planning, Inc. (ESP) increasing compensation by $400,000 to $1,000,000, extending the term two additional years through May 31, 2009, and amending other articles of the contract to conform to current contract standards for as-needed environmental review services in support of projects included in the County's Capital Improvement Program and other County activities as required.
RECOMMENDED ACTION: Approve
FUNDING: ESP will be working on several different projects on an as-needed basis under the task order process. Funds for this amendment will come from the various Capital Improvement Program projects funded through traffic impact fees or through time and material billings against development projects.
Body
BUDGET SUMMARY: |
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Total Estimated Cost |
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$400,000.00 |
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Funding |
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Budgeted |
$400,000.00 |
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New Funding |
$0 |
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Savings |
$0 |
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Other |
$0 |
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Total Funding Available |
$400,000.00 |
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Change To Net County Cost |
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$0 |
Fiscal Impact/Change to Net County Cost:
This Amendment provides for $400,000 additional compensation for a total not-to-exceed Agreement amount of $1,000,000. There is no cost to the County General Fund.
Background:
The California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) require public agencies to complete analyses of potential environmental effects associated with proposed projects. The Department of Transportation (Department) is in need of assistance on an as-needed basis with such analyses to support a wide variety of projects included in the County's five-year Capital Improvement Program.
The Board of Supervisors approved Professional Services Agreement AGMT 05-853 with ESP on May 31, 2005 to assist the Department with on-call environmental review services in the amount of $200,000.
On April 10, 2006, the Department recommended the Board of Supervisors approve Amendment I to this agreement. Of the original $200,000 approved in May 2005, $150,000 was then obligated by Task Order and the $50,000 balance was not sufficient for the on-call support the Department anticipated for the multiple Capital Improvement Program projects in process. The Board of Supervisors approved Amendment I which provided an additional $400,000 in Compensation which brought the not-to-exceed contract amount to $600,000.
Pursuant to Section 7.4.2, Contract Amendments, of BOS Policy C-17 (revised 03/20/07), this contract amendment was evaluated by the Department and the Purchasing Agent on April 9, 2007, who has determined that an amendment to the existing contract is appropriate rather than a new contract. Justification for this determination is outlined below.
Selection Process:
The selection process for professional services contracts is set forth in County Ordinance Chapter 3.12 and Board Policy C-17 requiring comprehensive procurement policies and procedures, adopted in October 2006. Even though the selection process for ESP Contract, #AGMT 05-853, was completed in 2005, it is still consistent with those sections specific to Professional Services Agreements, Sections 7.8, 7.9 and 7.10 of Board Policy C-17, as outlined below.
Sections 7.8 and 7.9 - Request for Qualifications (RFQ) and Request for Proposals (RFP) processes may be used.
An extensive selection process was conducted in 2005 to find three qualified environmental consulting firms to assist the Department in completion of CEQA and NEPA documents on an as-needed basis for CIP projects. An (RFQ/RFP) was issued In late February 2005. Fourteen firms responded with Statements of Qualifications (SOQ's) and all fourteen met the minimum standards as outlined in the RFQ materials. These fourteen firms were then interviewed in April 2005 by a three-member team consisting of two members of DOT and one member from the Planning Services division of the Development Services Department. This team subsequently rated each firm's performance by evaluating their SOQ presentation, their interviews and the results of reference checks to determine how well they matched the anticipated needs unique to DOT CIP projects.
Subsequent interviews were held with the five firms who scored the highest. ESP and two other firms (North State Resources and Sycamore Environmental) were selected as well-qualified to assist the Department with environmental review services on an as-needed basis. Environmental Stewardship & Planning, Inc. demonstrated a substantial amount of experience assisting jurisdictions with environmental review and public scoping associated with complex capital projects. The remaining top ten firms comprise the list of environmental firms currently held until the results of the next RFP/RFQ process is completed sometime during 2007.
Section 7.10 - Contracts over $100,000 require selection process to occur within three (3) years of proposed contract or contract amendment.
The selection process used for this agreement was initiated in February 2005 and completed in April 2005, and is within the 3-year limit set forth in Section 7.10. DOT is working with the Purchasing Agent to initiate a new RFP/RFQ process to update the qualifications of environmental firms and renew the current list.
Reason for Recommendation:
Amendment II proposes to extend the 2-year Service Agreement for an additional 2-year period and to add $400,000.00 in compensation for a total not-to-exceed amount of $1,000,000.00.
Justification for Extending the Term from May 31, 2007 to May 31, 2009
The existing professional services agreement with ESP provides for specialty skills on an on-call basis, specifically in support of projects included in the County's Capital Improvement Projects Program and generally in support of other County activities as required.
It is common for DOT road projects to last several years. Depending upon the level of complexity, the project delivery process can go through several iterations. The process can be prolonged due to results of public outreach, the need for state and/or federal biological permits, pre-construction surveys or right of way acquisition. Additionally, such work can experience delays due to budgetary, weather, or other circumstances beyond the Consultant's control.
ESP has completed many environmental documents under the task order process to assist the DOT staff in project delivery during the past 23 months. The following table lists a sample of both complete and in-process along with the not-to-exceed budget estimate for each.
Sample of ESP Projects Complete and In-Process May 31, 2005 to Present |
Title |
NTE Est Budget |
Funding Source |
Missouri Flat/Golden Center Drive CE1 |
$2,500 |
2004 TIM Fees |
Motherlode 2-Way Left Turn MND2 |
$23,400 |
2004 TIM Fees |
El Dorado Trail MND |
$40,000 |
General Services Dept. |
Cameron Park Drive/Coach Lane CE |
$2,200 |
2004 TIM Fees |
Saratoga Extension Initial Study and EIR3 |
$92,418 |
2004 TIM Fees |
Tim Fee Supplemental EIR |
$43,652 |
2004 TIM Fee |
Church Mine Road Emergency |
$ 7,500 |
FEMA and OES6 |
Bass Lake Road Reconstruction MND |
$11,680 |
BSH PFFP5 |
Martinez Creek Cultural Resources |
$ 8,850 |
FEMA and OES |
Cameron Park Drive/Oxford Intersection MND |
$29,084 |
2004 TIM Fees |
Bass Lake School Infrastructure MND |
$24,745 |
BLH PFFP |
Cameron Park Drive/La Canada Drive MND |
$26,560 |
2004 TIM Fees |
Air Quality Assessment Guidelines Review |
$1,245 |
DOT Road Fund |
Bass Lake Road Park-and-Ride MND |
$3,757 |
BLH PFFP |
S/T of ESP Encumbered Env Review Proj4 |
$317,591 |
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1. CE is a Categorical Exemption under CEQA
2. MND is a Mitigated Negative Declaration under CEQA
3. EIR is Environmental Impact Report under CEQA
4. Total is not all-inclusive of encumbered tasks - only represents a sample of projects
5. BSH PFFP is Bass Lake Hills Specific Plan Public Facilities Financing Plan
6. FEMA and OES is Federal Emergency Management Agency and Office of Emergency Services
Justification for Additional Compensation
The above table is a sample of projects intended to demonstrate the wide variety of project types that have been completed and that are still in process. It is not all-inclusive. The current not-to-exceed total for this services agreement is $600,000. At present, $424,356 is encumbered for existing authorized work under multiple task orders, leaving only $175,644 available prior to the expiration of the initial term of the contract. Based on the size and progress of on-going projects, as well as projects anticipated to be completed under the Five-Year Capital Improvement Program, the additional $400,000 will be necessary to complete the work without the need for additional contract amendments.
The El Dorado County Employees Association, Local #1, has been informed of this proposed Amendment.
The Department requests the Board make findings pursuant to Article II, Section 210 b (6) of the El Dorado County Charter that, in part, there are specialty skills required for the work performed under this Agreement that are not expressly identified in County classifications, and in part, that an independent contractor can more economically and feasibly perform the work performed under this Agreement due to the existing vacant allocations with the Department's Transportation Planning Unit.
Action to be taken following Board approval:
1. The Chairman will sign two originals of Amendment II to Agreement for Services #AGMT 05-853 with Environmental Stewardship & Planning, Inc.
2. The Department will forward one original to the consultant.
Contact: James W. Ware, Deputy Director
Concurrences: County Counsel, Risk Management, Purchasing Agent