| | | | | | | | 
TRANSPORTATION AGENCY FOR MONTEREY COUNTY Memorandum | |
| | | | | | | | | To: | Board of Directors | | From: | Michael Zeller, Director of Programming & Project Delivery | | Meeting Date: | December 1, 2021 | | Subject: | Meyers Nave Contract Amendment - Legal Services for Rail Rights-of-Way Acquisition |
| |
| | | | | | | | | RECOMMENDED ACTION: | |
Monterey County Rail Extension Property Acquisition Legal Services - Meyers Nave Contract Amendment #3:
- APPROVE and AUTHORIZE the Executive Director to execute contract amendment #3 with Meyers Nave to extend the contract timeline from December 31, 2021 to December 31, 2022, to correspond with the anticipated legal services required for finalizing the property acquisitions for Package 2;
- FIND that this amendment is justified as a sole source due to the efficiencies that support award to the existing consultant as a logical follow-on to work already in progress under a competitively awarded contract; and
- AUTHORIZE the Executive Director to take such other further actions as may be necessary to fulfill the intent of the contract, including approvals of future modifications or amendments that do not significantly alter the scope of work, or change the approved contract term or amount.
|
| |
| | | | | | | | | SUMMARY: | | The Transportation Agency's contract for legal services with Meyers Nave expires December 31, 2021. This contract amendment #3 would extend the term of the agreement until December 31, 2022 while maintaining the current not-to-exceed amount and scope. This contract was originally procured via a Request for Qualifications process; Meyers Nave was selected out of three submittals. |
| |
| | | | | | | | | FINANCIAL IMPACT: | | The agreement for legal services with Meyers Nave was approved by the Board on October 24, 2018 with a total not-to-exceed amount of $129,000. Once the Salinas Rail Extension project entered the condemnation phase, the Board approved contract amendments #1 and 2, which extended the term of the agreement to December 31, 2021 and increased the total not-to-exceed amount to $429,000. This proposed contract amendment #3 does not increase the project budget. |
| |
| | | | | | | | | DISCUSSION: | On August 13, 2019, the Transportation Agency made offers of just compensation based on approved appraisals to the property owners of the five parcels required to construct the layover facility for the Monterey County Rail Extension Project. After initial attempts at negotiations did not result in agreements between the Agency and the property owners to acquire the properties, the Transportation Agency Board approved Resolutions of Necessity for the parcels on December 4, 2019 to begin the condemnation process. Subsequent to this action, Agency staff and the property acquisition team of Associated Right of Way Services and Meyers Nave continued negotiations with all the property owners at the Board's direction to attempt to avoid litigation. During this time, the Agency was successful in coming to agreement on four of the five subject parcels.
The initial contract with Meyers Nave was approved by the Board of Directors on June 25, 2014 after a competitive solicitation and included all of the properties required for Packages 1 and 2 of the Monterey County Rail Extension Project. As the Package 1 acquisitions were progressing ahead of the Package 2 acquisitions, the Board bifurcated the contract into separate Package 1 and 2 contracts on October 24, 2018. With the current Package 2 contract with Meyers Nave set to expire on December 31, 2021, Agency staff is seeking to extend the term of the agreement with this contract amendment #3 (attached) for an additional year to December 31, 2022 to allow additional time to complete the final parcel acquisition. |
| |
|