Title
Transportation Department recommending Chairman be authorized to sign Amendment I to Agreement for Services AGMT 05-798 jointly with Imbsen & Associates, Inc. and TRC Engineers, Inc. to revise the requirements for Task Orders to conform to the most recently approved Task Order language; change the expiration date of April 1, 2008 to the later of the County's recordation of the Notice of Completion for the Green Valley Road at Tennessee Creek Bridge Replacement Project or resolution of all construction claims, if any associated with that Project; and amending other articles of the contract to conform to current contract standards for Project Planning and Design services in support of the Green Valley Road at Tennessee Creek Bridge Replacement Project (77109).
RECOMMENDED ACTION: Approve.
FUNDING: 2004 General Plan Traffic Impact Mitigation (TIM) Fee Program, Highway Bridge Replacement and Rehabilitation Program and Regional Surface Transportation Program Exchange Funds-Guaranteed.
Body
BUDGET SUMMARY: |
|
|
Total Estimated Cost |
|
$0 |
|
|
|
Funding |
|
|
Budgeted |
$0 |
|
New Funding |
$ |
|
Savings |
$ |
|
Other |
$ |
|
Total Funding Available |
$0 |
|
Change To Net County Cost |
|
$0 |
Fiscal Impact/Change to Net County Cost: There is no cost to the County General Fund.
Reason for Recommendation:
On November 8, 2005, your Board approved Agreement for Services # AGMT 05-798 with Imbsen & Associates, Inc. (Imbsen), now known as TRC Engineers, Inc. (TRC), in the amount of $520,000. Imbsen transferred its engineering employees to TRC effective April 1, 2007 and the parties hereto desire to amend their Agreement to reflect this change. Imbsen will remain liable for all obligations, covenants and conditions, and/or liabilities for services already performed and TRC will assume all of Imbsen's duties, responsibilities and obligations under the Agreement, including providing outstanding duties and responsibilities associated with project planning and engineering design services under the terms and conditions of Agreement for Services #AGMT 05-798.
In addition to the above name change, this Amendment is also to amend Article I to revise the requirements for Task Orders to conform to the most recently approved Task Order language, add construction support services to the scope of services, adding Amended Exhibit A; Article II, Term, change the expiration date of April 1, 2008 to the later of the County's recordation of the Notice of Completion for the Green Valley Road at Tennessee Creek Bridge Replacement Project or resolution of all construction claims, if any associated with that Project; Article III, Compensation for Services, to clarify County's invoicing requirement; Article IV, Progress Reports, to modify the requirements for progress reporting; Article VI, Ownership of Data, to update the ownership of data requirements; Article X, Assignment and Delegation, to revise the assignment and delegation requirements; Article XV, Notice to Parties, to change one of the County's notices recipients; Article XVI, Indemnity, to modify the indemnity provision for services rendered after December 31, 2006; Article XVII, Insurance, to update the insurance requirements; Article XIX, Interest of Consultant, to update the requirements regarding conflicts of interest; Article XXVII, Audit & Inspection of Records, to correct a typographical error in the Article number referring to the Cost Principals Article; Article XXXV, Disadvantaged Business Enterprise (DBE) Considerations, to update the Disadvantaged Business Enterprise requirements and adding Amended Exhibit E; Article XXXVI, DBE Participation Requirements, to include the Standard Agreement for Subcontractor/DBE Participation and adding Exhibit F; Article XXXVII, Nondiscrimination, to include certain additional nondiscrimination and fair employment practices provisions and adding Exhibits G and H and Appendices A through D to Exhibit H; Article XXXVIII, Contract Administrator, to change County's Contract Administrator; to identify consultant's Project Manager by adding Article XLII, Consultant's Project Manager; Article XLIII, Business License, include County's business license requirements; to include the required nonlobbying certification for federal-aid contracts, adding Article XLIV, Prohibition of Expending County, State or Federal Funds for lobbying, and adding Exhibit I; and to include requirements for compliance with federal Disability Acts, adding Article XLV Compliance with Disability Acts.
CONCURRENCES:
The Department of Transportation has contracted with Imbsen & Associates, Inc., for the provision of engineering services on an "on-call" basis. This agreement is for the Green Valley Road at Tennessee Creek Bridge Replacement project. The Original contract amount was $520,000, payments to date: $156,871, remaining balance: $363,128. One outstanding task order for $24,849. The Department is processing Amendment I to the subject Agreement.
In accordance with Board of Supervisors Policy C-17, Section 7.4.2, the Purchasing Agent concurs with the department's request to amend this agreement.
The Department of Transportation selected the firm using a two step competitive RFQ/RFP process in 2005. Caltrans and FHWA provided outside review of the firm's ability to perform the needed services. The Purchasing Agent concurs that Imbsen has demonstrated its ability to perform the work based on prior experience with this consultant, qualifications of the consultant, and the availability of the consultant to perform the services.
The County Purchasing Agent has reviewed the department's request to amend the contract with TRC Engineers, Inc. and concurs that the continued use of this consultant is appropriate in order to continue with the Green Valley Road at Tennessee Creek Bridge Replacement project. The Purchasing Agent concurs that the department's request is in compliance with Board of Supervisors Policy C-17, Sections 7.4.2, 7.5, and 7.10.
The El Dorado County Employees Association, Local #1, has been informed of this proposed Amendment.
Action to be taken following Board approval:
1. The Board Chairman will sign three originals of Amendment I to #AGMT 05-798 jointly with Imbsen & Associates, Inc. and TRC Engineers, Inc.
2. The Board Clerk will forward two originals of the fully-executed Amendment to the Department for further processing.
Contact: Richard W. Shepard, P.E., Director of Transportation, ext. 5981.