Title
Department of Transportation recommending the Board consider the following actions pertaining to the US 50/ Latrobe Road/ El Dorado Hills Boulevard Interchange Improvements Phase 2B Project, Capital Improvement Program number 36104001 approve and authorize the Chair to sign First Amendment to competitively procured Agreement for Services 7623 with Consor North America, Inc., for environmental, traffic, and transportation design services on the project, which includes the following:
1) Update contract language, including Article I, Scope of Work;
2) Update the consultant employee rate schedule;
3) Extend the performance period an additional one (1) year for a total of four (4) years to expire on August 2, 2027; and
4) Increase the not-to-exceed amount by $423,000 to a new contract total of $2,277,097.
(District 1)
FUNDING: Traffic Impact Fees - Zone C Local Roads (22%), Coronavirus Response and Relief Funds (4%), and State Transportation Improvement Program Funds (74%). (Local and State Funds)
Body
DISCUSSION / BACKGROUND
On July 25, 2023 (Legistar file 23-0593), the Board approved Department of Transportation’s (Transportation) Agreement for Services 7623 (Agreement) with Consor North America, Inc. (Consor), to provide environmental, traffic, and transportation design services for the US 50/ Latrobe Road/ El Dorado Hills Boulevard Interchange Improvements Phase 2B Project (Project), Capital Improvement Program (CIP) Project No. 36104001.
The First Amendment (Amendment) to the Agreement will include a change to Article I, Scope of Work, to include additional scope extending the existing tasks to include items deemed necessary during preliminary design by Transportation and the California Department of Transportation (Caltrans) for this Project. Some of the additional tasks are changes to the ramp configurations; implementation of a Class I combined use path; changing of retaining wall types and the number of walls; extending the northbound Latrobe Road #4 traffic lane and combined use path to the Town Center intersection; and infiltration testing within Caltrans right of way to determine permanent Best Management Practices (BMPs) to implement for the Project.
During the Amendment process, the following articles have been updated or added to match current boilerplate language as well:
ARTICLE II, Compensation for Services;
ARTICLE IV, Performance Period;
ARTICLE V, Allowable Costs and Payments, Section A, C, D, and H;
ARTICLE VI, Termination;
ARTICLE XIII, Conflict of Interest; and
ARTICLE XVI, Non-Discrimination Clause and Statement of Compliance.
Due to the additional scope items, the First Amendment to the Agreement will increase the not-to-exceed amount by $423,000, for a new not-to-exceed amount of $2,277,097, and the term of the Agreement has been extended by one (1) year to expire on August 2, 2027.
The original employee rate schedule has been updated to include new classifications and adjusted rate ranges to include the extra performance period. Contract language allows for adjustment of the rates when the Agreement is amended. Their employee rates have increased an average of 13% over the four-year period (this is an average of all employee rates).
Transportation recommends the Board make findings in accordance with County Ordinance Code Chapter 3.13, Contracting Out, Section 3.13.030 (B) and (C), that it is more economical and feasible to engage an independent consultant for the environmental, traffic, and transportation design services on the Project because there are specialty skills and qualifications required for the work to be performed under this Amendment, since freeway interchanges are complex, and the work to be performed is not sufficient to warrant the addition of permanent staff. There are specialty skills required for much of the work, including the environmental update, geotechnical services, and traffic studies.
The El Dorado County Employees Association, Local #1, was informed of this Agreement.
ALTERNATIVES
1) The Board could direct Transportation to make changes to the Amendment and return to the Board at a later date. Transportation's ability to continue the final design of the Project will be delayed.
2) The Board could direct Transportation to complete the Project design through an alternate agreement. This option would also result in delayed completion of the Project and potential additional costs.
3) The Board could cancel the Project. Potentially, Coronavirus Response and Relief Funds already expended would have to be paid back by the County.
PRIOR BOARD ACTION
See Discussion / Background Section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel has approved this Amendment.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to net County cost for the approval of the Amendment. Funding is included in Transportation’s 2024 Capital Improvement Program, which was approved by the Board on June 18, 2024 (Legistar file 24-0838).
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original of the Amendment.
2) The Clerk of the Board will forward one (1) fully executed copy of the Amendment to Chief Administrative Office, Attn: Contracts and Procurement Unit, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation