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Department of Transportation recommending the Board consider the following pertaining to the Ponderosa Road Bicycle and Pedestrian Improvements Project, Capital Improvement Program project number 36109009, Contract 9275:
1) Award the Construction Contract to R&R Pacific Construction dba R&R Excavation, who was determined to be the lowest responsive, responsible bidder;
2) Approve and authorize the Chair to sign the Construction Contract in the amount of $1,635,989.05, subject to review and approval by County Counsel and Risk Management; and
3) Authorize the Director of Transportation to sign an Escrow Agreement, if requested by the Contractor and in accordance with Public Contract Code Section 22300, for the purpose of holding Contract retention funds.
(District 4)
FUNDING: Congestion Mitigation and Air Quality Program (11%), Regional Surface Transportation Program Federal Funds - Caltrans Local Assistance (15%), Highway Safety Improvement Program Funds (22%), Road Fund (17%), and Tribe Funds (36. (Local, State, and Federal Funds)
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DISCUSSION / BACKGROUND
The Ponderosa Road Bicycle and Pedestrian Improvements Project (Project) will add Class II Bike facility and pedestrian sidewalk improvements on Ponderosa Road from Foxwood Lane to Mineshaft Lane.
This project is federally funded, therefore both California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance are required. A CEQA Notice of Determination was recorded on August 21, 2019. A NEPA Categorical Exemption/Categorical Exclusion was approved on October 29, 2019.
All required right-of-way and environmental permits have been obtained for this Project. The Contract Documents include all required federal provisions.
Authorization for construction funding has been received for this Project. The Project was approved for advertisement by the Board on February 25, 2025 (Legistar file 25-0282).
Award and Sign Construction Contract with Lowest Responsive, Responsible Bidder:
On Friday, February 20, 2026 at 2:00 p.m., Department of Transportation (Transportation) opened bids for the Project. Three (3) bids were received, ranging from $1,635,989.05 to $2,145,659.50.
Transportation issued the All Bidders Letter on February 24, 2026, notifying the bidders of the recommendation to the Board for award of the Contract to R&R Pacific Construction dba R&R Excavation (Contractor) and initiating the bid protest period. The bid protest period ended with no protests received.
Authorize the Director of Transportation (Director) to Sign Escrow Agreement:
Pursuant to Section 9-1.16F(1), "Retentions" of the Contract Documents, Transportation will retain five percent (5%) of the value of work done from each contractor payment (excluding mobilization payments) as security for the fulfillment of the Contract. Alternatively, Public Contract Code (PCC) Section 22300 provides that the Contractor may request that payment of retentions held be made directly to an escrow agent. The Contractor will receive the interest earned on the investment.
In accordance with these provisions, the Contractor may request in writing that the County make payment of retention funds directly into an escrow account, which would necessitate an escrow agreement. To help expedite this process, if requested by the Contractor, Transportation requests that the Board authorize the Director to execute the Escrow Agreement. Upon satisfactory completion of portions of the Contract and upon written notification from the Director, the Contractor will receive incremental releases from the Escrow Agent paid into the account and any interest earned thereon. A portion of the retention and interest will be retained in the escrow account until thirty-five (35) days after the recordation of the Notice of Acceptance of the Contract at which time, upon written notification, these funds will be released to the Contractor.
Contract Change Orders (CCOs):
In any contract there is a need to be able to make changes and the CCO process facilitates the ability to make necessary changes when needed within a contract.
Supplemental CCOs
Certain types of work are necessary to complete the Project which cannot be estimated accurately because they require a variable effort to complete. These items are referred to as supplemental items and are identified in the Contract Documents as CCO work to be performed and paid for on a time and material basis using Caltrans standard force account billing procedures. The work is authorized by issuance of a CCO, which also encumbers the funds anticipated for each of the planned supplemental items of work and is billed against as the work progresses. The amount of each CCO is based on an evaluation by Transportation staff of the Project components, area, and time frame.
Supplemental items in this contract include costs associated with additional subgrade and road repair work of Ponderosa Road, and potential additional traffic handling/ staging costs to accommodate the public and school traffic through the Project. To prepare for this, a 10% supplemental budget is set aside. Because this work is anticipated and budgeted for separately, supplemental CCOs are not included in the 10% budget normally associated with contingency CCOs.
Contingency CCOs:
With construction contracts, there is an expectation that unanticipated changes will be encountered once construction begins. To prepare for this, a 10% contingency budget is set aside. PCC Section 20142 and Resolution 102-2012 authorize the Director to execute individual CCOs, the maximum value of which is based on the original contract amount. This authority is also for a cumulative total of contingency CCOs not to exceed 10% of the original Contract value.
ALTERNATIVES
1) The Board could choose not to award the Contract and direct Transportation to re-advertise for construction bids.
2) The Board could choose to cancel the Project.
PRIOR BOARD ACTION
On February 25, 2025, Legistar file 25-0282, the Board adopted the Plans and Contract Documents for the Project and authorized the advertisement for construction bids.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The total estimated cost for Project construction is $2,300,000 which includes construction items of work, supplemental items of work, construction management, environmental monitoring, inspection, materials testing, and contingencies.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Upon approval by County Counsel and Risk Management, Transportation will forward two (2) originals of the Construction Contract 9275, together with the required bonds and insurance, and the approved Contract Routing Sheet to the Clerk for the Chair's signature.
2) The Clerk will forward one (1) fully executed Construction Contract to Transportation, attention of Jen Rimoldi, Office Engineer Group, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation