To: Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Report Title: Clarify Staff Report # 24-0114 with The Gordian Group, Inc. for Job Order Contracting Program Development and Implementation Services
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee

RECOMMENDATIONS:
APPROVE clarification of Board action of January 9, 2024 with The Gordian Group, Inc., dba The Mellon Group (Gordian), to correct contract provisions related to Consultant’s license agreement and to modify the approved contract term from the period from January 9, 2024 through January 8, 2027, which may be extended to January 8, 2029, if elected by the Public Works Director to the period from March 1, 2024 through February 28, 2027, which may be extended to February 28, 2029, if elected by the Public Works Director.
FISCAL IMPACT:
There are no upfront costs to develop the job order contracting program. Gordian charges fees totaling 5% if and when a job order is issued to a job order contractor, based on the value of the work.
BACKGROUND:
Job Order Contracting (JOC) has become a crucial project delivery tool that allows Public Works to complete projects more quickly using fewer project management resources. JOC programs rely upon a Job Order Contracting Program Development and Implementation consultant and the consultant’s proprietary software and implementation solutions.
On January 9, 2024, the Board of Supervisors approved staff report # 24-0114 authorizing execution of a contract with Gordian in an amount not to exceed $1,750,000, to provide Job Order Contracting Program development and implementation services for various County projects for the period from January 9, 2024 through January 8, 2027, which may be extended to January 8, 2029, if elected by the Public Works Director.
The purpose of this staff report is twofold: (a) to clarify contract provisions related to Consultant’s license agreement so that the provisions are in keeping with Consultant’s latest proprietary software and implementation solutions, and (b) to modify the contract term slightly to better coordinate with the transition from the County’s expiring JOC Program Development and Implementation Services contract to this new contract.
CONSEQUENCE OF NEGATIVE ACTION:
If the modifications to contract provisions related to Consultant’s license agreement are not approved, the County will not be able to utilize Consultant’s currently offered proprietary software and implementation solutions, and the County would be unable to execute a contract with the Gordian. Consequently, the County’s JOC program would lapse. Without this procurement option, the County does not have the resources to complete all of its capital improvement projects now or in the foreseeable future.