Title
Department of Transportation recommending the Board consider the following actions pertaining to the Diamond Springs Parkway Phase 1B Project, Capital Improvement Program project number 36105011, Contract 6558:
1) Award the Construction Contract to A. Teichert & Son, Inc., dba Teichert Construction, 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 $15,853,114, 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 3)
FUNDING: Master Circulation and Funding Plan (53%), Traffic Impact Fees (27%), 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
The Diamond Springs Parkway Phase 1B Project (Project) will provide a new four-lane arterial roadway with concrete curb, gutter, and sidewalk on both sides from Missouri Flat Road south of Golden Center Drive to a new T-intersection with State Route (SR)-49 south of Bradley Drive. The Project also includes signalization at the Missouri Flat Road, Throwita Way, and SR-49 intersections.
This Project is state and locally funded; therefore, only California Environmental Quality Act (CEQA) compliance is required. A CEQA Notice of Determination was filed on May 25, 2011. An Environmental Impact Report was prepared, and the Board approved the Project on May 24, 2011. Environmental permits are required for this Project and will be obtained prior to the start of construction.
On September 26, 2023 (Legistar file 23-1379), the Board approved $5,000,000 of Shingle Springs Band of Miwok Indians Intergovernmental Agreement (Tribe) Funds to be used to construct the Project and utilize future Master Circulation and Funding Plan (MC&FP) funds to repay the Tribe Funds over a five (5) year period. These amounts are demonstrated in the Department of Transportation’s (Transportation) Capital Improvement Program (CIP) cash proforma.
The State Local Partnership Program (SLPP) grant for $5,320,000 was awarded to the Project by the California Transportation Commission (CTC). Per the SLPP grant extension approved by the CTC, the Project must be awarded to a contractor by June 6, 2025, or the funding could be lost. There is also a State Highway Operation and Protection Program (SHOPP) grant for $1,000,000 awarded to the Project, and if the Project does not meet construction deadlines, these funds will be in jeopardy.
All right of way needed for this Project has been acquired and was certified by the California Department of Transportation (Caltrans) on May 23, 2024. All parcels have closed escrow except for one in which Transportation has legal possession and right to build the Project. All utility agreements are in place with those in the Project area, including Pacific Gas & Electric (PG&E) Company’s Rule 20A and 20B programs. Underground electric and telecommunication facilities will be constructed under a Rule 20B utility agreement.
Caltrans and CTC Authorization for construction funding has been received for this Project.
Currently, the El Dorado Trail - Missouri Flat Road Bike/ Pedestrian Overcrossing Phase 2 Project (POC), CIP 36109002, is being constructed in the area of the Project. The anticipated completion date for the POC and the anticipated start date of the Project are both May 2025. Construction of the POC will remove the existing El Dorado Trail parking lot. A new larger parking lot for the El Dorado Trail and Old Depot Bike Park will be reconstructed with the Diamond Springs Parkway Project. The Project’s construction traffic plans and specifications address the anticipated temporary traffic impacts at the Materials Recovery Facility (MRF), Throwita Way, State Route 49, and Missouri Flat Road.
Authorization for construction funding has been received for this Project. The Project was approved for advertisement by the Board on January 28, 2025 (Legistar 25-0053).
Award and Sign Construction Contract with Lowest Responsive, Responsible Bidder:
On Tuesday, March 25, 2025 at 2:00 p.m., Department of Transportation (Transportation) opened bids for the Project. Seven (7) bids were received ranging from $15,853,114.00 to $24,260,662.01.
Transportation issued the All Bidders Letter on March 25, 2025, notifying the bidders of the recommendation to the Board for award of the Contract to A. Teichert & Son, Inc., dba Teichert 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 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 traffic control, storm water pollution prevention controls, additional lime remediation and issues related to the removal of three existing industrial buildings. 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% 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
1) September 14, 2004 (Item 81): Project adopted as part of the Fiscal Year 2003/04 Interim CIP as project 72334, under former CIP Project name “Missouri Flat Road / Pleasant Valley Road Connector.”
2) February 11, 2008 (Legistar file 08-0038): Project adopted as part of the 2008 CIP, under the current CIP Project name.
3) April 29, 2008 (Legistar file 08-0628): Approved Alternative #4 as the preferred alignment of the Project.
4) May 24, 2011 (Legistar file 11-0448): Certified Final Environmental Impact Report adopted for the Project.
5) December 18, 2012 (Legistar file 12-1540): Approved to support economic development and create special revenue fund and direct Transportation to immediately proceed with completion of design and right-of-way.
6) June 10, 2014 (Legistar file 14-0725): Approved commencement of acquisition process for the Project.
7) May 3, 2016 (Legistar file 16-0370): Certified Supplement to the 2011 Environmental Impact Report adopted for the Project.
8) March 5, 2019 (Legistar file 19-0049): Awarded Contract 2720 to Granite Construction Company for construction of Phase 1A of the Project.
9) July 23, 2019 (Legistar file 19-1009): Approved Task Order 461-S1711-01 with Bender Rosenthal, Inc. to complete right-of-way services, including valuations/appraisals, acquisitions, and relocation services for Phase 1B of the Project.
10) February 9, 2021 (Legistar file 21-0178): Diamond Springs Parkway Phase 1B Presentation.
11) April 19, 2022 (Legistar file 22-0440) - Approved Cooperative Agreement 03-0782 with Caltrans, defining the roles, responsibilities, and funding contributions of each agency related to the Plans, and Specifications, and Estimate, Right of Way, and Construction phases of the Project.
12) September 12, 2023 (Legistar file 23-0122) - Approved a Covenant and Agreement between the California Regional Water Quality Control Board, Central Valley Region, and the County of El Dorado to protect future health and safety and the environment as a result of potential risk related to the possible presence of hazardous materials as defined in Health and Safety Code §25260.
13) September 12, 2023 (Legistar file 23-1146) - Adopted Resolution 124-2023 to accept the Irrevocable Offer of Dedication from Michael D. Lindeman and Lorraine D. Lindeman, Trustees of the Lindeman Family 2005 Trust dated October 17, 2005, for road right-of-way in fee, slope and drainage and public utilities easement, and temporary construction easement pertaining to the property identified as Assessor’s Parcel Number 051-250-54.
14) September 26, 2023 (Legistar file 23-1379) - Approved Tribe Fund loan to finance additional funding needed to complete the Project.
15) April 23, 2024 (Legistar file 23-2048) - Approved PG&E Utility Agreement No. 2934.1L.
16) May 14, 2024 (Legistar file 24-0854) - Approved PG&E Utility Agreement No. 2934.1L with revisions.
17) November 12, 2024 (Legistar file 24-1806) - Approved First Amendment to PG&E Utility Agreement No. 2934.1L.
18) January 28, 2025 (Legistar file 25-0053) - 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 for Project construction is $23,182,070.00, which includes construction items of work, supplemental items of work, construction management, environmental monitoring, inspection, materials testing, County-furnished materials, 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 6558, 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