Title
Department of Transportation recommending the Board consider the following:
1) Make findings in accordance with El Dorado County Ordinance Code, Chapter 3.13.030(B) that contracting out for traffic engineering services is in the public's best interest and that there are specialty skills, qualifications, and equipment not expressly identified in County classifications involved in the performance of the work; and
2) Approve and authorize the Purchasing Agent, or designee, to sign the First Amendment to Agreement for Services 6124 with Kimley-Horn and Associates, Inc., increasing the not-to-exceed amount by $200,000 for a total not-to-exceed amount of $270,000 for the purpose of providing additional on-call traffic engineering services and updating contract language per California Department of Transportation federal funding requirements.
FUNDING: Road Fund, Traffic Impact Fees, and Capital Improvement Program funding sources, including but not limited to Missouri Flat Area Master Circulation and Financing Plan, Tribe Funds, Accumulative Capital Outlay, Developer Advanced Funds, Sacramento Municipal Utility District, and/or General Fund.
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DISCUSSION / BACKGROUND
On January 14, 2022, Agreement #6124 with Kimley-Horn and Associates, Inc. (KHA) was approved by the Purchasing Agent to provide on-call traffic engineering services. This contract was awarded under Request for Proposals (RFP) #20-918-043, of which KHA was the top-ranking proposer. On-call contracts were also executed with the second and third-ranking firms as a result of that RFP.
This on-call contract has been utilized twice since execution, including a Task Order to update the traffic analysis for the Diamond Springs Parkway Phase 1B Capital Improvement Program project, as well as to update the Level of Service thresholds included in Transportation’s Traffic Impact Study Guidelines, pursuant to the latest version of the Highway Capacity Manual. Additional work is needed in the next twelve to eighteen months to provide analysis related to the 2024 Traffic Impact Fee (TIF) Program Major Update, which will begin this summer. In accordance with El Dorado County Ordinance Code, Chapter 3.13.030(B), contracting out for traffic engineering services is in the public's best interest and that there are specialty skills, qualifications, and equipment not expressly identified in County classifications involved in the performance of the work. The County does not have any qualified traffic engineers on staff who are able to provide traffic engineering services. Additionally, some specialized analysis are outside the scope of existing classifications for County staff. The increase to this contract will allow this additional work to be completed.
Other changes as part of this Amendment are to update contract language per Caltrans federal funding requirements. Caltrans Exhibit 10-R, A&E Boilerplate Agreement Language, was updated in May 2023, and Caltrans currently recommends that agreements be updated to the most current boilerplate when possible. This is due to current Code of Federal Regulations (CFR) financial reporting requirements, and these minor modifications do not significantly change the intent of the Agreement or County administrative processes. The following articles have been updated or added to match boilerplate language:
ARTICLE VIII, Retention of Records/Audit;
ARTICLE IX, Audit Review Procedures;
ARTICLE X, Subcontracting;
ARTICLE XII, State Prevailing Wage Rates;
ARTICLE XIII, Conflict of Interest;
ARTICLE XVII, Debarment and Suspension Certification;
ARTICLE XXI, Ownership of Data;
ARTICLE XXV, Confidentiality;
ARTICLE XXX, Indemnity;
ARTICLE XXXIX, Covenant Against Contingent Fees;
ARTICLE XLIII, Disadvantaged Business Enterprises (DBE) Participation;
ARTICLE XLV, Disputes;
ARTICLE XLVII, Safety;
ARTICLE LX, Prohibition of Expending COUNTY, State, or Federal Funds for Lobbying;
ARTICLE LXI, Funding Requirements;
ARTICLE LXII, Electronic Signatures; and
ARTICLE LXIII, Appendices A - E of the Title VI Assurances.
ALTERNATIVES
The Board could decide not to approve this Amendment. If the Amendment is not approved, delays would be expected in project delivery.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
The proposed Amendment has been approved by County Counsel and Risk Management.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funds are available in the Department's budget, and no budget amendment is required.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Economic Development, Infrastructure, and Good Governance
CONTACT
Rafael Martinez, Director
Department of Transportation