Title
Department of Transportation recommending the Board approve and authorize the Chair to sign the Seventh Amendment to competitively bid Agreement for Services 467-S1411 (Fenix 876) with Consor North America, Incorporated, for continued design support services during the construction of the Mosquito Road Bridge at South Fork American River Project, Capital Improvement Program project number 77126/36105028, with the following:
1) Extend the performance period by 18 months to June 30, 2027;
2) Increase the not-to-exceed amount by $224,994.33 for a new agreement amount of $7,175,880.56; and
3) Update and add contract language per federal funding requirements.
(Districts 3 & 4)
FUNDING: Highway Bridge Program Funds (99.7%), Regional Surface Transportation Program Advance - Exchange Funds (0.2%), and Sacramento Municipal Utility District Funds (0.1%). (Federal and Local Funds)
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DISCUSSION / BACKGROUND
The Mosquito Road Bridge at South Fork American River - Bridge Replacement Project (Project) is replacing the existing Mosquito Road Bridge with a segmental cast in place box girder bridge over the South Fork American River on Mosquito Road. The Project includes the construction of temporary access; the foundation construction of cast-in-drilled-hole (CIDH) concrete piles, optional micropiles, sub-structure, and super-structure bridge work; the construction of tie back, soil nail, soldier pile, and reinforced concrete retaining walls; and grading, paving, and drainage system improvements for the re-aligned approach roadway.
A Request for Proposals process was completed in 2013, from which Quincy Engineering, Incorporated (Quincy) was selected from the list of qualified companies as the best firm to complete a Replacement Study, the Project Approval, Environmental Document, and Final Design for the Project. The Agreement for Services was approved by the Board on July 29, 2014, Legistar file 13-0549. The agreement expiration was to coincide with the County's acceptance of the Project Report and Environmental Impact Report. The future design scope was dependent on the approval of these planning documents. California Department of Transportation (Caltrans) has requested the County to amend the original Quincy agreement instead of creating new contracts to finish the Project.
A First Amendment (Amendment 1) to the Agreement was approved by the Board on March 7, 2017, Legistar file13-0549, which updated individual budgets based upon work already completed and the environmental work still to be completed. Amendment 1 did not change the original not-to-exceed amount, nor did it change the original employee fee schedule or the agreement expiration.
A Second Amendment (Amendment 2) to the Agreement was approved by the Board on August 15, 2017, Legistar file 13-0549, which prepared the final Bridge Type Selection Report and produced thirty percent (30%) design documents for the Project. Amendment 2 increased the original not-to-exceed amount of $1,204,834 by $2,269,580, for a new not-to-exceed amount of $3,474,414. Amendment 2 did not change the original employee fee schedule included in the Agreement, but it did amend the expiration to coincide with the County's acceptance of the Bridge Type Selection Report and approximately thirty percent (30%) design documents for the Project.
A Third Amendment (Amendment 3) was approved by the Board on August 28, 2018, Legistar file 18-0971. Amendment 3 prepared the final design for the Project and advertising for construction bids. Amendment 3 increased the original not-to-exceed amount of Amendment 2 of $3,474,414 by $3,113,920, for a new not-to-exceed amount of $6,457,483 and extended the term of the contract through the award of the construction bid for the project. Some budget items of work from Amendment 1 and Amendment 2 were decreased to minimize the increase with Amendment 3 (that is why the not to exceed from Amendment 2 does not add to the not to exceed for Amendment 3 with the increase). The original employee fee schedule included in the Agreement was updated for Amendment 3.
A Fourth Amendment (Amendment 4) was approved by the Board on March 15, 2022, Legistar file 22-0178. Amendment 4 extended the performance period to December 31, 2022, and has allowed Quincy to continue support for contractor bid assistance and submittals on the Project. Some budget items of work from Amendment 2 and Amendment 3 were decreased and increased based upon tasks that have been completed and those final tasks yet to be completed. These reductions yielded an overall decrease to the not-to-exceed amount of $219,999.79. Amendment 4 included updating contract language per Caltrans federal funding requirements. Caltrans Exhibit 10-R, A&E Boilerplate Agreement Language, was updated in September 2020, and Caltrans required 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 those minor modifications did not significantly change the intent of the Agreement or County administrative processes.
The Fifth Amendment to the Agreement (Amendment 5) was approved by the Board on July 26, 2022, Legistar file 22-0540. Amendment 5 extended the performance period to December 31, 2025, to allow Quincy’s continued design support during the construction of the Project. Additional scope of work was added to Amendment 5 to allow Quincy, the bridge designer of record as well as subconsultants that have provided other design services, to review contractor submittals and requests for information, field visits during construction, and geotechnical observations. Amendment 5 increased the not-to-exceed amount of Amendment 4 of $6,237,483.21 by $713,403.02, for a new not-to-exceed amount of $6,950,886.23. Amendment 5 also updated Quincy’s fee schedule and Indirect Cost Rate (ICR).
A Sixth Amendment to the Agreement (Amendment 6) was approved by the Board on February 21, 2023, Legistar file 22-2220. The Department of Transportation (Transportation) was notified by Quincy that Consor North America, Incorporated (Consor) acquired Quincy and became a wholly owned subsidiary of Consor. Amendment 6 modified contract articles and administrative details for this acquisition. All other obligations of the Agreement remained in full effect. There were no changes to the scope of work, term, fee schedule, or the not-to-exceed amount of Amendment 6.
The Seventh Amendment to the Agreement (Amendment 7) will extend the performance period an additional 18 months to June 30, 2027. The anticipated Project construction completion date is beyond the original planned completion date. The Amendment will allow Consor to continue design support services during the construction and assist Transportation with the Project through completion and closeout.
The proposed revision to Exhibit C-4, Cost Proposal - Phase 4, will rearrange existing funds within the Agreement and will provide additional funds for contingency services that are deemed reasonably necessary to complete the Project. No new scope is being added. The Amendment will increase the not-to-exceed amount by $224,994.33 for a new not-to-exceed amount of $7,175,880.56.
The following articles have been updated:
ARTICLE IV, Performance Period; and
ARTICLE V, Allowable Costs and Payments.
The following exhibit has been replaced:
Amended Exhibit L, Amended California Levine Act Statement.
ALTERNATIVES
The Board could direct Transportation to make changes to Amendment 7; however, Transportation's ability to move forward on the Project would be delayed.
PRIOR BOARD ACTION
See Discussion / Background Section.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have reviewed and approved Amendment 7.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to net County cost resulting from approval of the proposed Amendment 7. Funding for the Project is included in Transportation’s 2025 CIP, which was approved by the Board on July 15, 2025, Legistar 25-0504.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original of Amendment 7.
2) The Clerk of the Board will forward one (1) fully executed copy of Amendment 7 to Chief Administrative Office, Attn: Contracts and Procurement Unit, for further processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation