Title
Planning and Building Department, Economic Development Division, recommending the Board:
1) In accordance with Chapter 3.13, Section 3.13.030 of County Ordinance Code, Contracting Out, find that there are specialty skills, qualifications, and equipment not expressly identified in County classifications involved in the performance of the work;
2) Approve and authorize the Chair to sign Amendment I to competitively bid Agreement 7140 with Helix Environmental Planning, Inc., for the provision of as-needed environmental services for broadband specific projects, increasing the not-to-exceed amount by $101,385 for a revised not-to-exceed amount of $251,385, extending the term by two years for a revised expiration date of April 3, 2028, and amending the Rate Schedule; and
3) Authorize the Purchasing Agent to execute any further documents determined necessary related to Agreement 7140, including amendments which do not increase the compensation or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
The County does not have staff to perform the necessary California Environmental Quality Act (CEQA) compliance work for broadband projects, as it requires very specialized skill sets that are not available in-house. Therefore, the Planning and Building Department (Department) has the need to utilize consulting services with technical expertise in completing these as-needed environmental services for broadband specific projects. Chapter 3.13 of the El Dorado County Code of Ordinances, Contracting Out, includes Section 3.13.030, Criteria, which establishes those instances where contracts may be awarded, and work can be performed by independent contractors. It is recommended that the Board find that the work under Agreement 7140 (Agreement) requires specialty skills and qualifications not expressly identified in County classifications. (Criteria 3.13.030 (B)).
In August 2019, the Chief Administrative Office, Procurement and Contracts Division, on behalf of the Department of Transportation and Department, issued Request for Qualifications (RFQ) 20-918-043 for various as-needed consultant services, which included categories for both Land Use Planning and Environmental Services. In accordance with the County’s Procurement Policy C-17, Section 7.10, Request for Qualifications, staff from various divisions within the Department form evaluation committees to review responses received for each of the categories pertaining to the Department. In March and May of 2021, the Procurement & Contracts Manager issued lists of qualified firms for these consulting service categories.
From the list of qualified consultants, the Department selected Helix Environmental Planning, Inc. (Helix); a firm equipped with a pool of qualified professionals and extensive experience providing a broad range of environmental consulting, design, and restoration services throughout California and the western United States. Subsequently, the County entered into an Agreement with Helix for the provision of as-needed environmental assistance with broadband-specific projects.
Since implementation of the Agreement, Helix has assisted the Department in preparing the Final Program Environmental Impact Report (PEIR) for the proposed El Dorado County Broadband Fiber Project (Project), a project that proposes to expand access to fiber optic broadband technology throughout the areas of Coloma, Garden Valley, Georgetown, and Indian Creek (Project Areas). On June 10, 2025 (Legistar file 25-0992), the Board adopted and authorized the Chair to sign Resolution 071-2025, certifying the Final PEIR pursuant to CEQA. In order to proceed with the proposed Project and to utilize awarded California Public Utilities Commission (CPUC) Federal Funding Account (FFA) grant funds, the County must finalize the environmental portion for the Project.
Amendment 1 to the Agreement proposes the following changes:
- Increase the not-to-exceed amount by $101,385 for a revised not-to-exceed amount of $251,385.
- Extend the term by two (2) years for a revised expiration date of April 3, 2028.
- Revise the Rate Schedule, replacing Exhibit B, marked “Fee Schedule”, with Amended Exhibit B, marked “Amended Fee Schedule”.
This Amendment 1 will enable Helix to continue to provide the Department with as-needed environmental services for broadband specific projects including, but not limited to:
- Preparation of three (3) CEQA addenda and finalization of one that is in progress
- Biological Resources Evaluation, including necessary pedestrian survey, of all four Project Areas
- Cultural Resources Evaluation, records search and summary of results, necessary pedestrian survey, and consultation support for all four Project Areas
The proposed increase includes Contingency to partially fund cultural resource pedestrian surveys as needed, in response to the records search, and to determine appropriate avoidance or mitigation to inform the Project design. Although Amendment 1 proposes to extend the term by two years, Helix anticipates that work will commence shortly after execution of the Amendment and will not extend past 12 months. The added buffer of time will allow for navigating unforeseen circumstances. This Amendment will also permit Helix to increase their rates for the first time since April 2023 to align with their current 2025 billing rates.
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 Article XXII, Conflict of Interest, to add Exhibit C-1, Updated California Levine Act Statement, and fully replacing Article XVI, Notice to Parties, and Article XXX, Contract Administered.
ALTERNATIVES
The Board may choose not to approve the proposed Agreement. This could result in the County forfeiting CPUC FFA grant funds in a cumulative amount of $66,322,824 due to grant deadlines and the inability to complete the Project in time, as staff without CEQA technical expertise would need to absorb the Project and attempt to complete it prior to the Department commencing grant-funded work. Additionally, this circumstance could lead to significant delays, which are critical given the grant deadlines.
PRIOR BOARD ACTION:
On April 4, 2023 (Legistar file 22-2180), the Board approved and authorized the Chair to sign Agreement 7140 with Helix for the provision of as-needed environmental services for broadband specific projects, with a not-to-exceed amount of $150,000, and a term of three years.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Agreement.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for these services has been included in the Department’s Fiscal Year 2025-26 budget, and funding for these services beyond Fiscal Year 2025-26 will be included in subsequent years’ budgets accordingly.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two original copies of the Agreement; and
2) The Clerk of the Board will forward one fully-executed original Agreement to the Chief Administration Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
“Public Infrastructure”
Priority: Implement Broadband Pilot Projects
Action Item: Conduct a review of the master plan, identify, and secure funding sources and begin design/construction.
CONTACT
Robert Peters, Deputy Director
Planning and Building Department