Title
Planning and Building Department, Planning Division, recommending the Board
1) In accordance with Chapter 3.13, Section 3.13.030 (B) of County Ordinance Code, Contracting Out, find that specialty skills and qualifications not expressly identified in County classifications are involved in the performance of the work;
2) Approve and authorize the Chair to sign Amendment II to competitively bid Agreement 3506 with Goodwin Consulting Group, Inc., for the provision of peer reviews of Fiscal Impact Analysis and Public Facilities Financing Plans for various development projects, extending the term of the Agreement by two (2) years for a new expiration date of March 5, 2027, increasing the compensation by $100,000 for a new total not-to-exceed amount of $500,000, and replacing the Rate Schedule to allow an increase in rates; and
3) Authorize the Purchasing Agent to execute any further documents determined necessary related to Agreement 3506, 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: Developer Funded. (100%)
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DISCUSSION / BACKGROUND
On May 8, 2018 (Legistar file 18-0594), the Board awarded Request for Proposals (RFP) 18-918-018 for peer review of Financial Impact Analysis (FIA) and Public Facilities Financing Plans (PFFP) to three (3) successful proposers: Goodwin Consulting Group, Inc. (Goodwin), Willdan, and David Taussig & Associates, Inc. Subsequently, the Department began the contracting process, and Agreement 3506 (Agreement) with Goodwin, with a term of three (3) years and a not-to-exceed amount of $65,000, was executed by the Purchasing Agent on March 6, 2019.
On May 4, 2021 (Legistar file 21-0617), the Board approved and authorized the Chair to sign Amendment I to the Agreement, extending the term by three (3) years for a new expiration date of March 6, 2025, increasing the compensation by $335,000 for a new total not-to-exceed amount of $400,000, and updating the Rate Schedule to reflect new rates.
Since approval of the Agreement and Amendment I to the Agreement, the Department has issued various Task Orders under the Agreement. Goodwin is currently providing peer review services for the following developer funded projects: Creekside Village Specific Plan, Lime Rock Valley Specific Plan, Village of Marble Valley Specific Plan, Costco Commercial Center, Town & Country Village, and Generations at Green Valley.
Amendment II to the Agreement proposes to extend the term of the agreement by two (2) years for a new expiration date of March 5, 2027, increase the compensation by $100,000 for a new total not-to-exceed amount of $500,000, and replace the Rate Schedule to align with Goodwin’s current billing rates. This Amendment will ensure that Goodwin sees aforementioned projects through to completion and is able to assist with new, incoming developer funded projects.
In addition to the changes noted above, other administrative changes to various Articles were determined to be necessary and made throughout the Agreement. These changes include updating the Contract Administrator and Notice to Parties Articles to reflect changes to the Contract Administrator and their location, replacing the Consultant to County, Default, Termination, and Cancellation, Indemnity, Conflict of Interest, and Nondiscrimination Articles in their entirety to update contract provisions, and adding the Force Majeure Article and Exhibit C, California Levine Act Statement to bring the Agreement up to date.
On June 6, 2024 the Department advertised RFQ # 24-0052, Request for Qualifications for Planning and Building Consulting Services, and did not receive any submittals for FIA/PFFP. The Department will leverage this additional time to conduct a new competitive procurement process in hopes to attract a broader pool of qualified vendors and enhance competition.
ALTERNATIVES
The Board may choose not to approve this proposed amendment; however, this would cause current agreement to expire, resulting in a lapse in services and a delay to projects while the Department selects and contracts with a new consultant, a process that could take up to six (6) months.
PRIOR BOARD ACTION
On May 8, 2018 (Legistar file 18-0594), the Board awarded RFP 18-918-018 to Goodwin, Willdan, and David Taussig & Associates and directed the Department to negotiate agreements for service with awarded consultants.
On May 5, 2021 (Legistar file 21-0617), the Board approved and authorized the Chair to sign Amendment 1 to the Agreement with Goodwin, extending the term of the Agreement by three (3) years for a revised expiration date of March 6, 2025, increasing the compensation by $335,000 for a total not-to-exceed amount of $400,000, and updating the Rate Schedule.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Amendment.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County costs associated with this item, as all current and new proposed projects are or will be funded by the developers. Funding for these services has been included in the Department’s Fiscal Year 2024-25 budget and funding for these services beyond Fiscal Year 2024-25 will be included in subsequent budgets accordingly.
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 2; and
2) The Clerk of the Board will return one (1) fully executed original Amendment 2 to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Robert Peters, Deputy Director
Planning and Building Department