HomeMy WebLinkAboutStaffReport06-Jan-2021-10-00-59.pdfBoard Agenda Item 54
DATE:November 24, 2020
TO:Board of Supervisors
SUBMITTED BY:Steven E. White, Director
Department of Public Works and Planning
SUBJECT:Agreements with Consultants for On-Call Environmental Services
RECOMMENDED ACTION(S):
Authorize the Director of Public Works and Planning, subject to the review and approval by County
Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector as to accounting form,
to execute eight On-Call Environmental Consultant Agreements for environmental consultant
services ($2,000,000).
Approval of the recommended action will authorize the Director of Public Works and Planning to execute
on-call Agreements with eight firms to provide various environmental consultant services. The term of each
Agreement is three years, with two optional one-year renewals. The maximum total dollar amount of all
Agreements is an aggregate of $2,000,000. The impacts of this item are Countywide.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended action, the Department will have to prepare a separate
Request for Proposal for each project, causing significant delays in the design process and delivery of
planned public works projects. If delivery deadlines are not met, the Department will be at risk of losing
Federal funding.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The total combined maximum
amount of the Agreements is $2,000,000 over the potential five-year term. The consultants will be
compensated at agreed hourly rates for services performed as set forth in each Agreement. As these
services are provided, costs will be reimbursed from appropriate sources for the various approved public
works projects. A total of $1,105,000 was authorized using the previous on-call Agreements which expire in
January 2021.
DISCUSSION:
Approval of the recommended action would retain environmental consultants to assist in the completion of
various public works projects on an on-call basis. The Department utilizes environmental consultants to
prepare technical studies, memoranda and reports necessary to comply with the California Environmental
Quality Act (CEQA) and National Environmental Policy Act (NEPA) processes. It is more efficient to
administer general environmental on-call services Agreements than to solicit individual proposals, select
consultants and administer separate agreements for each project.
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Contracting with the recommended consultants will facilitate a timelier, cost effective and dependable
delivery of projects, while allowing the Department the option of using a firm with relevant experience and
particular expertise on a project-specific level. Task orders will be issued for each project and assignments
will be based upon experience and performance with similar work, firm availability and cost proposals for the
specific project’s anticipated services. A not-to-exceed cost will be negotiated, and services will be
authorized in writing by the Department prior to the commencement of the work.
Consultant Selection Process
A formal Request for Qualifications (RFQ) was issued on April 22, 2020, in accordance with County
Ordinance Code Chapter 4.10 governing the selection and compensation of architectural and engineering
firms, as well as Chapter 10: Consultant Selection of the California Department of Transportation (Caltrans)
Local Assistance Procedures Manual. The Department received proposals from 20 consulting firms by the
deadline of May 15, 2020.
A selection committee comprised of representatives from the Department’s Design Division reviewed and
evaluated the proposals based upon approved criteria included in the RFQ. A short list of candidates was
created. Seven firms were not recommended for further consideration and were notified. Thirteen firms
were interviewed, and eight firms were selected based upon their qualifications and experience.
FIRM NAME SPECIALTY
Applied Earthworks Archaeology / Historical Architecture
Area West Environmental, Inc.Full Service
DeNovo Planning Group Full Service
GPA Consulting Full Service
LSA Associates, Inc.Full Service
Live Oak Associates, Inc.Biological Services
Rincon Consultants, Inc.Full Service
SWCA Environmental Consultants Full Service
Full service firms provide services in multiple fields of expertise, whereas two of the recommended firms
provide services in a specific field of expertise. The aggregate total of the Agreements is $2,000,000, from
which each firm will draw funds as they are awarded task orders. The term of each Agreement is three
years, with two one-year renewals to be authorized by the Director based upon need and satisfactory
performance.
Delegating Authority to Execute Agreements Will Avoid Delay and Minimize Risk to Funding
Due to the need for the services and the impending expiration of the current Agreements, the recommended
action will allow the Director to execute the Agreements following receipt of the required documentation from
each firm, and the review and approval by County Counsel and the Auditor-Controller/Treasurer-Tax
Collector. Caltrans provides oversight for the process of selecting consultants receiving contracts for
projects that receive federal funding and must approve the agreements prior to contract execution. The
process of obtaining the required documents from each firm can take several weeks and getting final
approval from Caltrans can be a lengthy process as well. Allowing the Director to execute each agreement
individually will allow the Department to utilize the services of the consulting firms as soon as all
requirements are met. Waiting for each consultant to provide the necessary documentation would delay
bringing the agreements before your Board, which in turn would affect the Department’s ability to deliver
projects within the requisite time frames and risk the potential loss of Federal funding.
Attachment A is a consultant services agreement template that is substantially identical to the agreement
that will be sent to the consultants for approval. The terms of the agreement will be advantageous to both
the County and consultant. Due to the diversity in the size of the consulting firms, the liability insurance
limits are slightly less than the recommended limits listed in the County’s standard model contract
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provisions; therefore, Risk Management has been advised of the revised lowered limits included in the
contract. This will ensure that smaller sized firms are not effectively eliminated from contracting with the
County due to the expense necessary to carry large amounts of liability insurance coverage for work on
smaller projects.
OTHER REVIEWING AGENCIES:
Caltrans Office of Architectural and Engineering Oversight dictates some of the terms of the agreements.
The Caltrans Independent Office of Audits and Investigation reviews and approves the consultant’s Indirect
Cost Rates.
REFERENCE MATERIALS:
BAI #39, January 26, 2016
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachment A - Sample Agreement
CAO ANALYST:
Samantha Buck
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