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Department of Transportation recommending the Board approve and authorize the Chair to sign the First Amendment to competitively bid Agreement for Services 6423 with Bender Rosenthal, Inc. to provide as-needed appraisal and acquisition services and extend the performance period an additional one (1) year to May 9, 2026, updating contract language per California Department of Transportation federal funding requirements, and no change to the agreement amount of $300,000.
FUNDING: For various Capital Improvement Program, Environmental Improvement Program, and other projects as needed, funding will be provided by associated federal, state, and local funding sources. Local funding sources may include any combination of the following: Traffic Impact Fee Program, Missouri Flat Area Master Circulation and Financing Plan, Road Fund, Tribe Funds, Developer Advanced Funds, Sacramento Municipal Utility District, and/or General Fund.
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DISCUSSION / BACKGROUND
On May 10, 2022 (Legistar file 22-0713), the Board approved Agreement for Services 6423 (Agreement) with Bender Rosenthal Inc. (Bender) for as-needed appraisal and acquisition services for various Capital Improvement Program (CIP) projects, or other Department of Transportation (Transportation) projects. Transportation is required to use outside consultant appraisers for right of way valuations to ensure independent and unbiased findings. For real property acquisitions on projects utilizing federal dollars and federally assisted programs, Transportation's processes are governed by the Federal and State Relocation Assistance and Real Property Acquisition Policies Act, as set forth in the State of California Department of Transportation (Caltrans) Right of Way Manual. Caltrans requires that there be a separation of acquisition and appraisal functions (§7.05.00 of the Caltrans Right of Way Manual). Government Code §7267 and the Code of Civil Procedure §1263.010 also dictate procedures to be followed in order to acquire right of way for various projects.
The First Amendment (Amendment) to the Agreement extends the contract an additional one (1) year to expire on May 9, 2026 because Bender is currently working with Transportation on several projects in the right of way phase. Additionally, the Amendment modifies the Agreement to update contract language per California Department of Transportation (Caltrans) federal funding requirements. Caltrans Exhibit 10-R, A&E Boilerplate Agreement Language, was updated in May 2023, and Caltrans 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. Updating these articles of the contract is necessary to retain the ability to utilize the contract on projects with state or federal funding. The following articles have been updated or added to match boilerplate language for the Amendment:
ARTICLE IV, Performance Period, paragraph A;
ARTICLE V, Allowable Costs and Payments;
ARTICLE VI, Termination;
ARTICLE XXXIX, Compliance with Federal, State, and COUNTY Requirements; and
ARTICLE XLVI, Disadvantaged Business Enterprise (DBE) Participation.
Caltrans consultant contracting procedures allow for a maximum term of five years for an on-call agreement. Transportation is currently working on a solicitation for proposals to get new contracts in place per Caltrans consultant selection procedures.
ALTERNATIVES
The Board could choose not to approve the Amendment. Transportation would be required to terminate the Agreement and issue a Request for Proposals for a new agreement. This would add significant time and cost and it would negatively impact Transportation's current projects with Bender.
PRIOR BOARD ACTION
See Discussion / Background Section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel has reviewed and approved this Amendment.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Funding for the Agreement will be provided by various CIP, Environmental Improvement Program, and other project funding sources, including federal, state, and local funds. Local funding sources may include any combination of the following: Traffic Impact Fee Program, Missouri Flat Area Master Circulation and Financing Plan, Road Fund, Tribe Funds, Developer Advanced Funds, Sacramento Municipal Utility District, and/or General Fund.
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 First Amendment.
2) The Clerk of the Board will forward one (1) copy the Amendment to the County’s Chief Administrative Office, Procurement and Contracts, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation