Title
Department of Transportation and County Counsel recommending the Board approve and authorize the Chair to sign Agreement for Legal Services 10340 with Burke, Williams, & Sorensen LLP to assist Transportation and County Counsel with legal issues on the Mosquito Road Bridge Replacement Project (CIP 36105028). (4/5 vote required per Gov Code 25203)
(District 3 & 4)
FUNDING: Highway Bridge Program Funds (99.7%), Regional Surface Transportation Program Advance - Exchange Funds (0.2%), and Sacramento Municipal Utility District Funds (0.1%). (Federal and Local Funds)
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DISCUSSION / BACKGROUND
The Mosquito Road Bridge Replacement Project (Project) was awarded to Shimmick Construction Company, Inc. (SCCI) on May 17, 2022 (legistar 22-0364). Construction has been ongoing since July 18, 2022. In late 2025 and early 2026, disputes developed between Transportation and SCCI that resulted in SCCI filing claims against the County that SCCI will likely pursue after the Project is complete.
In addition, contract time expired on September 8, 2025. Per the terms of the contract signed by SCCI and the Board, SCCI is being assessed liquidated damages at a rate of $19,200 per calendar day. The liquidated damages will continue to be deducted from payments to SCCI until SCCI completes the Project. SCCI has protested these deductions, culminating in a complaint filed in El Dorado Superior Court on April 23, 2026.
Transportation and County Counsel have concluded that in order to best protect the County and the public funding used to construct the Project, outside counsel is required to assist with defense against SCCI’s April 23 lawsuit, as well as to provide assistance with claims analysis, legal strategy, negotiation, and potentially mediation and arbitration after the Project is complete. Transportation and County Counsel met with two firms with expertise in construction law and public works disputes. Burke, Williams & Sorensen has been selected to move forward with the Agreement for Legal Services proposed by this item.
ALTERNATIVES
The Board could choose not to approve the Agreement for Legal Services. Transportation staff would make modifications as directed by the Board and return for Board approval.
PRIOR BOARD ACTION
See Discussion/Background section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Costs associated with the Agreement for Legal Services will be funded with the Project's existing construction phase budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair's signature on two (2) original copies of the Agreement for Legal Services.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rafael Martinez, Director
Department of Transportation