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Department of Transportation recommending the Board consider the following for the Diamond Springs Parkway - Phase 1B Project, Capital Improvement Program number 72334/36105011:
1) Make findings in accordance with Section 3.13.030 (B) of the County Ordinance that the work requires specialty skills and qualifications not expressly identified in County classifications and there is a need to engage an independent contractor for environmental monitoring services for the project;
2) Make findings in accordance with County Procurement Policy C-17, Section 3.4.2(f) The procurement is for services where the continuity of providers will provide efficiency and critical knowledge; and other providers of the service cannot provide similar efficiencies or critical knowledge; and
3) Approve and authorize the Chair to sign Agreement for Services 9547 with APTIM Environmental & Infrastructure, LLC, to provide sampling and analysis plan preparation, remediation implementation oversight and testing, monitoring plan preparation, and completion reporting in the amount of $303,375.08 for a term beginning upon execution and expiring five (5) years thereafter.
(District 3)
FUNDING: Master Circulation and Funding Plan (58%), Traffic Impact Fees (21%), State Local Partnership Program (13%), Regional Surface Transportation Program (4%), State Highway Operation and Protection Program (3%), Tribe Funds (historical (<1%), and Road Fund (<1%). (Local and State Funds)
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DISCUSSION / BACKGROUND
In January 2018, at the request of the Department of Transportation (Transportation), the Procurement and Contracts Division of the Chief Administrative Office issued a Request for Proposals (RFP) #18-961-032 for environmental remediation services for the Diamond Springs Parkway - Phase 1B Project (Project). The Project will construct Diamond Springs Parkway, a new 4-lane arterial road from Missouri Flat Road near Old Depot Road, to State Route 49, south of Bradley Drive. The Project overlaps with a former lime plant site, and remediation is necessary to reduce the pH of stormwater and runoff from the site to levels acceptable to the State Water Resources Control Board (SWRCB).
The RFP was conducted in accordance with County Procurement Policy C-17 and included all services necessary to evaluate, design, and provide oversight during construction and post-construction implementation of the site remediation for the Project. Transportation received four (4) proposals. A panel evaluated and ranked the proposals based on the staff qualifications, the firm’s understanding of the Project, and the quality of the proposals. The top-ranked proposer was determined to be APTIM Environmental & Infrastructure, LLC. (APTIM). On May 15, 2018 (Legistar file 18-0646), the Board awarded the RFP to APTIM, and on August 28, 2018 (Legistar file 18-0977), the Board approved Agreement for Services 3171. Under this agreement, APTIM prepared a Site Investigation Report in 2020 and a Remediation Action Plan (RAP) in 2021. Transportation staff and APTIM worked with the SWRCB through multiple rounds of review and comments to receive their approval of the RAP, which outlines Transportation’s responsibilities in the remediation of lime waste, as required for the Project, within the limits of the former lime plant site.
The construction start date for the Project was delayed due to delays in SWRCB’s reviews and approvals of the RAP, so APTIM's Agreement for Services 3171 was accordingly closed. Transportation intended on issuing a new agreement with APTIM for the construction oversight work and post-construction implementation of the site remediation once the Project’s construction contract was awarded. Transportation recently worked with APTIM and the SWRCB to negotiate the scope of the new Agreement for Services 9547, ensuring the Project will meet the requirements of both the Covenant and Agreement, which was approved by the Board on September 12, 2023 (Legistar file 23-0122), and RAP. The SWRCB supports continuing to use APTIM at this stage of the Project.
It has been standard County practice to consider competitive solicitations for a period of three (3) years. However, in this instance, Transportation recommends that APTIM's services be continued under this Agreement for Services 9547 to maintain consistency and continuity with the work already performed, as well as utilize the site characterization work APTIM has performed under the previous Agreement for Services 3171. At this time, Transportation does not believe issuing a new RFP for the remaining work would provide an economic benefit to the County. Transportation staff performed a cost comparison of APTIM's hourly rates with similar current consultant contracts and found APTIM's rates to be fair and reasonable. Furthermore, the County selected APTIM on the basis of demonstrated competence and qualifications at the time of the original RFP and does not see a benefit to changing consultants at this time. The Department recommends the Board to make findings in accordance with County Procurement Policy C-17, Section 3.4.2(f) The procurement is for services where the continuity of providers will provide efficiency and critical knowledge; and other providers of the service cannot provide similar efficiencies or critical knowledge.
Transportation recommends the Board make findings in accordance with Section 3.13.030 (B) of the County Ordinance that the work requires specialty skills and qualifications not expressly identified in County classifications, and there is a need to engage an independent contractor for the sampling and analysis plan preparation, remediation implementation oversight and testing, monitoring plan preparation, and completion reporting for the Project.
ALTERNATIVES
1) Direct Transportation to make changes to the proposed Agreement and return to the Board at a later date. Transportation's ability to move forward with the Project would be delayed.
2) Direct Transportation to complete the requested services through an alternate agreement. This option would also result in delayed completion of the Project and potential additional costs.
3) Transportation could attempt to hire additional staff for a short period of time (part-time, limited-term). However, it is not likely that someone with the necessary environmental monitoring expertise would be willing to work part-time in a limited-term capacity.
PRIOR BOARD ACTION
See Discussion / Background section.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have reviewed and approved the Agreement.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to net County cost associated with this item. Funding for the Project is included in Transportation’s 2024 CIP, 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 Agreement.
2) The Clerk of the Board will forward one (1) fully executed copy of the Agreement to the County’s Chief Administrative Office, Procurement and Contracts, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation