Title
Department of Transportation recommending the Board:
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 Chair to sign the Second Amendment to the competitively bid Agreement for Services 6124 with Kimley-Horn and Associates, Inc., extending the term of the agreement by two years with a new expiration date of January 14, 2027, and increasing agreement by $30,000 for a total agreement amount of $300,000, for the purpose of providing additional on-call traffic engineering services.
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 (Agreement) 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.
On August 29, 2023, the Board approved the First Amendment to the Agreement, increasing the contract’s not-to-exceed amount from $70,000 to $270,000 and updating the contract language per Caltrans federal funding requirements.
The proposed Second Amendment extends the expiration date of the Agreement from January 14, 2025, to January 14, 2027. This changes the term of the contract from the initial three years to a total of five years, as amended. Per Caltrans requirements, consultant on-call contracts used on state- and federally-funded projects may have a maximum term of five years; due to this requirement, no further contract term extensions will be requested.
The proposed amendment also increases the contract’s not-to-exceed amount by $30,000 for a total not-to-exceed amount of $300,000 for the purpose of providing additional on-call traffic engineering services. The contract currently has encumbrances of approximately $230,000, including work on the Major Update to the Traffic Impact Fee (TIF) Program and project-specific analysis and collections of traffic counts.
Finally, the proposed amendment includes an amended rate schedule for KHA. The original rate schedule on the Agreement, included as Exhibit B thereto, included annual billing rates through Fiscal Year 2023-24. The amended rate schedule extends the annual rates through FY 2026-27 to reflect the new contract term, following the same annual escalation of 5% per year as reflected on the original rate schedule.
ALTERNATIVES
The Board could decide not to approve this Amendment. If the Amendment is not approved, delays would be expected in project delivery.
PRIOR BOARD ACTION
On August 29, 2023 (Legistar Item 23-1466), the Board approve the First Amendment to the Agreement.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
The proposed Amendment has been approved by County Counsel and Risk Management. The draft Amendment was provided to the Union for review.
CAO RECOMMENDATION / COMMENTS
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
1) The Clerk of the Board will obtain the Chair’s signature on two (2) originals of the Amendment.
2) The Clerk of the Board will forward one (1) fully executed original to the Chief Administrative Office, Contracts and Procurement Unit, Attn: Matthew McKain, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation