Title
Planning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board consider the following:
1) Approve and authorize the Chair to sign Amendment I to Agreement 5185 with WSP USA Environment & Infrastructure Inc., for the provision of services to assist the County with updating its General Plan Public Health, Safety, and Noise Element, modifying various articles and administrative details following the acquisition of Wood Environment & Infrastructure Solutions, Inc., with no changes to term the scope of work of the Agreement; and
2) Authorize the Director of Planning & Building or Deputy Director of Planning, to execute any further documents determined necessary related to Agreement 5185, including amendments which do not increase the not-to-exceed amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund, with a contribution of $50,000 from the El Dorado County Water Agency.
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DISCUSSION / BACKGROUND
On May 14, 2019 (File No. 19-0600, Item No. 33), the Board adopted Resolution of Intention 068-2019 to amend the Public Health, Safety, and Noise Element (Safety Element) of the County’s General Plan following amendments to the housing element and as required by State Law.
On March 16, 2021 (File No. 21-0288, Item No. 19), the Board approved Agreement 5185 with Wood Environment & Infrastructure Solutions, Inc. (Wood) for a 3 year term in the amount of $215,142, to assist the County with updating the County’s General Plan Safety Element.
In November 2022, the County was notified by Wood that as a result of an acquisition, they had merged with WSP USA Environment & Infrastructure Inc. (WSP) effective September 21, 2022. As a result, WSP assumed Wood’s rights and obligations under Agreement 5185 and this proposed Amendment I reflects this change in ownership. There are no changes to the scope of work, term, or not-to-exceed amount of this Agreement.
In addition to the change noted above, other minor administrative changes to various articles were determined necessary and made throughout the Agreement. These changes include: updating Notice to Parties; replacing Consultant to County; Independent Contractor; Default, Termination, and Cancellation; Indemnity; Conflict of Interest; Authorized Signatures; and Partial Invalidity in their entirety to address recent changes in state law and revised standard County contract language. Similarly, three (3) new articles, Force Majeure, Electronic Signatures, and Assignment of Agreement were added for the same purpose. Additionally, Exhibits D and E were also added to address the change in ownership and assumption by WSP of the rights and obligations of the Agreement. Lastly, Exhibit F, California Levine Act Statement, has been incorporated into the Conflict of Interest Article to address Government Code section 84308 (SB 1439, the Levine Act), regarding campaign contributions by the contractor, if any, to any officer of the County.
ALTERNATIVES
The Board may choose not to approve the proposed Amendment. This would result in the Department’s inability to continue work under contract for these services and would require staff to pursue alternatives to update the General Plan Safety Element.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Amendment.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for these services has been included in the Fiscal Year 2022-23 budget. Funding for services beyond Fiscal Year 2022-23 will be included in subsequent budgets accordingly. Additionally, the contribution of $50,000 from the El Dorado County Water Agency was received in full during Fiscal Year 2021-22.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) original copies of Amendment I; and
2) The Clerk of the Board will forward one (1) fully-executed original Amendment I to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
Public Safety: The amendments to the Safety Element completed under this Agreement will result in improved communication and coordination on public safety goals and objectives between various County department and divisions, outside agencies, other stakeholders, and the public.
CONTACT
Rob Peters, Deputy Director of Planning
Planning and Building Department