Title
Department of Transportation recommending the Board approve and authorize the Chair to sign the First Amendment to competitively bid Agreement for Services 6127 with T. Kear Transportation Planning and Management, Inc. for on-call traffic engineering services, extending the contract by two years with a new expiration date of January 20, 2027, and updating contract language per California Department of Transportation federal funding requirements, with no changes to scope of work or agreement amount of $70,000.
FUNDING: Various, including Road Fund, Traffic Impact Fees, and Capital Improvement Program funding sources including but not limited to Missouri Flat Area Master Circulation and Financing Plan, Tribe Funds, Accumulative Capital Outlay, Developer Advanced Funds, Sacramento Municipal Utility District, and/or General Fund.
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DISCUSSION / BACKGROUND
On January 20, 2022, Agreement 6127 (Agreement) with T. Kear Transportation Planning and Management, Inc. (T.Kear) was approved by the Purchasing Agent to provide on-call traffic engineering services. This contract was awarded under Request for Proposals (RFP) #20-918-043, of which T. Kear was one of the top three ranking proposers. On-call contracts were also executed with the other two top-ranked firms as a result of that RFP.
This Amendment extends the expiration date of the Agreement from January 20, 2025, to January 20, 2027. This changes the term of the contract from the initial three years to a total of five years, as amended. Per Caltrans requirements, consultant on-call contracts used on state- and federally-funded projects may have a maximum term of five years; due to this requirement, no further contract term extensions will be requested.
The proposed amendment also includes an amended rate schedule for T. Kear. The original rate schedule on the Agreement, included as Exhibit B thereto, included annual billing rates through Fiscal Year (FY) 2023-24. The amended rate schedule extends the annual rates through FY 2026-27 to reflect the new contract term, following an annual escalation of 5% per year.
Other changes as part of this Amendment are to update contract language per Caltrans federal funding requirements. Caltrans Exhibit 10-R, A&E Boilerplate Agreement Language, was updated in May 2023, and Caltrans currently recommends that agreements be updated to the most current boilerplate when possible. This is due to current Code of Federal Regulations (CFR) financial reporting requirements, and these minor modifications do not significantly change the intent of the Agreement or County administrative processes. The following articles have been updated or added to match boilerplate language:
ARTICLE VIII, Retention of Records/Audit;
ARTICLE IX, Audit Review Procedures;
ARTICLE X, Subcontracting;
ARTICLE XII, State Prevailing Wage Rates;
ARTICLE XIII, Conflict of Interest;
ARTICLE XVII, Debarment and Suspension Certification;
ARTICLE XXI, Ownership of Data;
ARTICLE XXV, Confidentiality;
ARTICLE XXX, Indemnity;
ARTICLE XXXIX, Covenant Against Contingent Fees;
ARTICLE XLIII, Disadvantaged Business Enterprises (DBE) Participation;
ARTICLE XLV, Disputes;
ARTICLE XLVII, Safety;
ARTICLE LX, Prohibition of Expending COUNTY, State, or Federal Funds for Lobbying;
ARTICLE LXI, Funding Requirements;
ARTICLE LXII, Electronic Signatures; and
ARTICLE LXIII, Appendices A - E of the Title VI Assurances.
ALTERNATIVES
The Board could decide not to approve this Amendment. If the Amendment is not approved, delays would be expected in project delivery.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
The proposed Amendment has been approved by County Counsel and Risk Management. The draft Amendment was provided to the Union for review.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funds are available in the Department's budget and no budget amendment is required.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) originals of the Amendment.
2) The Clerk of the Board will forward one (1) fully executed original to the Chief Administrative Office, Contracts and Procurement Unit, Attn: Matthew McKain, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation