Title
Department of Transportation recommending the Board approve and authorize the Chair to sign the Second Amendment to competitively bid Agreement 4421 with Dewberry Engineers, Inc. increasing compensation by $61,598.35 for a new amount of $201,756.79, updating contract language per California Department of Transportation federal funding requirements, and updating the rate schedule which included overhead and fringe benefit rates to provide design and support services during the construction of the Newtown Road at South Fork Weber Creek Bridge Replacement Project, Capital Improvement Program project number 36105030.
(District 3)
FUNDING: Highway Bridge Program (86.5% Federal), Regional Surface Transportation Program (7.25% State) and Tribe (6.25% Local).
Body
DISCUSSION / BACKGROUND
On January 29, 2019 (Legistar file 18-1830), the Board approved Agreement 3551 with Drake Haglan & Associates, Inc. (Drake Haglan) to provide structural design services in the not-to-exceed amount of $140,158.44 for a period beginning upon execution and expiring upon completion of the project for the Newtown Road at South Fork Weber Creek Bridge Replacement Project, CIP 36105030. In September 2019, Drake Haglan notified the Department of Transportation (Transportation) that the firm was being acquired by Dewberry Engineers, Inc. (Dewberry).
On March 10, 2020 (Legistar file 20-0224) the Board approved Amendment I transferring all Agreements for Services under Drake Haglan to Dewberry with no changes in compensation, rate schedule, term, or scope of work to the Agreement. Due to a limitation in the system, the amendment was assigned a new agreement number (4421). In order to keep the history, both amendments have the original and new agreement numbers.
Amendment II increases the overall budget by $61,598.35 for an amended not-to-exceed amount of $201,756.79. The budget increase is necessary to allow for Dewberry to provide design support during construction, should such support be required. Amendment II also updates contract language per California Department of Transportation (Caltrans) federal funding requirements. Lastly, Amendment II includes an amended rate schedule with updated overhead and fringes benefits rates.
The following articles have been updated or added to conform to new Caltrans language for the Amendment:
Article II: Compensation for Services;
Article III: Progress Reports;
Article IV: Performance Period;
Article V: Allowable Costs and Payments;
Article VI: Termination;
Article VII: Cost Principles and Administrative Requirements;
Article VIII: Retention Records / Audit;
Article IX: Audit Review Procedures;
Article X: Subcontracting;
Article XIII: Conflict of Interest;
Article XVI: Non-Discrimination Clause and State Compliance;
Article XVII: Debarment and Suspension Certification;
Article XXV: Consultant to County;
Article XXVII: Independent Contractor;
Article XXXI: Indemnity;
Article XXXIII: Force Majeure;
Article XXXVIII: Compliance with Federal, State, and County Requirements;
Article XLVI: Disadvantaged Business Enterprise (DBE) Participation;
Article LV: Environmental Compliance;
Article LXII: Funding Requirements;
Article LXIII: Electronic Signatures;
Article LXIV: Waiver.
The El Dorado County Employees Association, Local 1, has been informed of this proposed Amendment.
ALTERNATIVES
The Board could choose to not approve this Amendment and Transportation would be required to terminate the original agreement and issue a new Request for Proposals to complete the remaining work on the agreement. This would add significant time and cost to the Project.
PRIOR BOARD ACTION
Legistar 18-1830, Board approved agreement 3551 with Dewberry Engineers, Inc.
Legistar 20-0224, Board approved Amendment I due Dewberry Engineers, Inc acquiring Drake, Haglan & Associates, Inc. and updating the amendment number to 4421
Legistar file 24-0838, Board approved Transportation's 2024 CIP which the project was included.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have reviewed and approved the Agreement.
CAO RECOMMENDATION / COMMENTS
Approved as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost resulting from approval of the proposed Amendment. Funding for the Project is included in Transportation’s 2024 CIP, which was approved by the Board on June 18, 2024 (Legistar file 24-0838, Item 25).
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original of the Amendment.
2) The Clerk of the Board will forward one (1) fully-executed original of the Agreement to Chief Administrative Office, Contracts & Procurement Unit, for further processing
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rafael Martinez, Director
Department of Transportation