Title
Department of Transportation recommending the Board take the following actions pertaining to the El Dorado Hills Blvd and Saratoga Way Turn Lanes Project, Capital Improvement Program project number 36105076, Contract 7447:
1) Award the Construction Contract to Martin Brothers, who was the lowest responsive, responsible bidder;
2) Approve and authorize the Chair to sign the Construction Contract in the amount of $1,360,289, 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.
FUNDING: TIF - Zone C Local Roads - (100%). (No Federal Funds)
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DISCUSSION / BACKGROUND
The El Dorado Hills Blvd and Saratoga Way Turn Lanes Project (Project) consists of adding a new southbound right turn lane on El Dorado Hills Boulevard at its intersection with Saratoga Way, as well as lengthening the existing northbound left turn lane at the same intersection. This project will also lengthen the southbound El Dorado Hills Boulevard left turn lane into the Raley's shopping center and includes various minor improvements, including ADA upgrades and new traffic stripes and markings.
California Environmental Quality Act (CEQA) compliance is required for this Project. A CEQA Notice of Determination was recorded on October 14, 2022. No environmental permits are needed for this Project.
This Project did not require any right-of-way acquisition.
The Project was approved for advertisement by the Board on June 11, 2024 (Legistar File 24-0980).
Award and Sign Construction Contract with Lowest Responsive, Responsible Bidder:
On Thursday, July 15, 2024 at 2:00 p.m., Department of Transportation (Transportation) opened bids for the Project. Four (4) bids were received ranging from $1,360,289.00 to $1,657,322.00.
Transportation issued the All-Bidders Letter on Thursday, July 18, 2024, notifying the bidders of the recommendation to the Board for award of the Contract to Martin Brothers Construction (Contractor) and initiating the bid protest period. The bid protest period ended with no protests filed.
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 California Department of Transportation (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 also include costs associated with additional construction management needs such as public outreach and coordination. Total supplemental funds set aside for the project is $110,000. Because this work is anticipated and budgeted for separately, supplemental CCOs are not included in the 10% cap 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 June 11, 2024 (Legistar File 24-0980) the Board approved advertisement for the Project.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The total estimated cost of Project construction is $1,919,184.37 which includes construction bid items, 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, Department of Transportation will forward two (2) originals of the Construction Contract #7447, 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 Department of Transportation, attention of Jen Rimoldi, Office Engineer Group, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rafael Martinez, Director
Department of Transportation