Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  19-000204

 

MEETING DATE:

06/25/19

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

2, 5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213 

 

 

Kevin Onuma (714) 647-3939

 

 

Subject:  Amendment to Agreement with San Joaquin Hills Transportation Corridor Agency

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: See Financial Impact Section

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: See Financial Impact Section

County Audit in last 3 years: No

 

 

    Prior Board Action: 6/28/2016 #28, 6/18/2013 #31, 6/24/2008 #20, 1/13/1998 #23

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the proposed project is categorically exempt from CEQA, Class 1 (Existing Facilities) pursuant to CEQA Section 15301.

 

2.

Amend the Agreement with the San Joaquin Hills Transportation Corridor Agency for five additional years, effective July 1, 2019, and replace the Work Plan with the Rate Schedule.

 

3.

Authorize the Director of OC Public Works or designee to execute minor amendments to the Agreement with the San Joaquin Hills Transportation Corridor Agency and to exercise contingency cost increases in an amount not-to-exceed 10 percent of the total cumulative Agreement amount of $90.000.

 

 

 

 

SUMMARY:

 

Amending the Agreement with the San Joaquin Hills Transportation Corridor Agency will support the continued maintenance/repair of revenue collection facilities, road maintenance and operations and cooperative services provided by OC Public Works with all costs 100 percent recoverable from the San Joaquin Hills Transportation Corridor Agency.

 

 

 

BACKGROUND INFORMATION:

 

OC Public Works has provided maintenance/repair of revenue collection facilities, road maintenance and operation and cooperative services (Services) for the San Joaquin Hills Transportation Corridor Agency (Agency) as approved by the Board of Supervisors (Board) since January 13, 1998. Services provided include, but are not limited to, traffic sign fabrication and maintenance, attenuator repair/installation, guardrail repair, miscellaneous repairs and general workload administration.

 

On June 24, 2008, the Board approved Cooperative Services Agreement D08-011 to provide Services to the Agency in an amount not-to-exceed $75,000 per year effective July 1, 2008, through June 30, 2013. On June 18, 2013, the Board approved Cooperative Services Agreement D13-005 to provide Services to the Agency in an amount not-to-exceed $25,000 per year effective July 1, 2013, through June 30, 2016.

 

On June 28, 2016, the Board approved Cooperative Services Agreement MA-080-16011622 (Agreement) to provide Services to the Agency in an amount not-to-exceed $30,000 per year effective July 1, 2016, through June 30, 2019. In addition, the Board delegated authority to the Director of OC Public Works or designee to exercise a cost increase or decrease in an amount not-to-exceed 10 percent of the annual agreement amount of each preceding agreement period, in accordance with the terms and conditions of the Agreement. OC Public Works will continue to provide Services listed on the Rate Schedule (Attachment B).

 

The Agency requested replacing the Work Plan with a Rate Schedule due to the fact that the Work Plan is restrictive to routine/re-occurring types of work and does not allow the Agency to project the costs of the future work they will be requesting on an as needed basis.

 

OC Public Works requests that the Board approve Amendment #1 to the Agreement with the Agency to extend Services effective July 1, 2019, through June 30, 2024. Additionally, the Board is requested to authorize the Director of OC Public Works or designee to execute minor amendments (adding or deleting a Service to the Agreement) and to exercise contingency cost increases in an amount not to exceed 10 percent of the annual Agreement amount per fiscal year. Major changes to the Agreement would include modifying County standard terms such as an indemnification clause would require OC Public Works to return to the Board for approval. The amendment to the Agreement will support the continued provision of Services to the Agency for a not-to-exceed total cumulative Agreement amount of $90,000.

 

Compliance with CEQA: The proposed project is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301, because it involves maintenance of existing facilities involving negligible or no expansion of existing use.

 

 

 

FINANCIAL IMPACT:

 

Appropriations and revenue for this Agreement will be included in the FY 2019-20 Budget in OC Road Fund 115 and will be included in the budgeting process for future years for a not-to-exceed total cumulative Agreement amount of $90,000.

 

All OC Public Works costs associated with providing these Services including labor, equipment, materials and overhead will be 100 percent recoverable from the Agency.

 

This Agreement includes a termination clause that states either party may, at any time for any reason or without cause, terminate this Agreement, or any portion, by serving upon the non-terminating Party a written Notice of Termination at least 30 days prior to date of termination. 

 

 

 

STAFFING IMPACT:

 

N/A

 

 

ATTACHMENT(S):

 

Attachment A - Agreement MA-080-16011622
Attachment B - San Joaquin Hills Transportation Corridor Agency Rate Schedule
Attachment C - Redline Version of Agreement