TO: Board of Supervisors
FROM: Steven Lederer - Director of Public Works
REPORT BY: Jeff Sharp - Supervising Planner
SUBJECT: Award of Construction Contract and Approval of Budget Amendment for the Dry Creek Road MPM 9.75 RDS 21-06 Restoration and Monitoring Project
RECOMMENDATION
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Award a Construction Contract to Empire Landscaping, Inc. for their bid of $214,855 for the Dry Creek Road MPM 9.75 RDS 21-06 Restoration and Monitoring Project; and approve a Budget Amendment for the construction and construction management services. (Fiscal Impact: $247,660 Expense; Measure T Funds; Not Budgeted; Mandatory)
[4/5 vote required]
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BACKGROUND
Winter storms that occurred in 2017 caused damage to Dry Creek Road near mile post marker (MPM) 9.75. Sustained rains and over saturation at the site resulted in 70 feet of embankment failure, causing lane closures and roadway distress. To prevent major failure of the roadway, a lagging wall was installed at MPM 9.75 in the Summer of 2023 which stabilized the embankment and repaired the roadway. Some vegetation and a tree had to be removed to construct this wall. Due to its proximity to Dry Creek, the embankment stabilization project required a Lake and Streambed Alteration agreement with the California Department of Fish and Wildlife (CDFW, No. NAP-22802- R3) and they conditioned the project with the requirement for mitigation measures which are designed to re-establish the tree and vegetation. The CDFW agreement prescribes restoration practices be implemented and monitored for up to five (5) years.
In prior reports to the Board, staff has mentioned the need to implement the restoration and monitoring project stated in the CDFW agreement and although the Board budgeted for construction of the wall, funds have not been requested yet for the mitigation project and a budget transfer is needed to meet CDFW requirements. On February 25, 2025, the Board approved the project plans for the mitigation project, specifications and related bid documents to implement the required environmental restoration, and authorized the Director of Public Works to advertise for bids.
On March 3, 2025, staff reached out to the local construction contractor community by advertising the Notice to Bidders in the Napa Valley Register and the Solano-Napa Builder’s Exchange, and by posting on the County website. Staff also sent “Notices to Contractors” to the local construction community.
Five prospective bidders requested to be added to the mandatory bidders list for the project. Public Works Department staff received only one bid and opened that bid on the March 27, 2025. Staff recommends awarding the project contract to the bidder, Empire Landscaping of Davis, CA., for $214,855. The winning bid is 7% higher than the engineer's construction cost estimate of $200,000, which was based on previous projects.
Requested Action:
1. Award the Contract to Empire Landscaping, Inc. for the Dry Creek Road MPM 9.75 RDS 21-06 Restoration and Monitoring Project for their base bid of $214,855 and authorize the Chair to sign the construction contract; and
2. Approval of a Budget Amendment for the following (4/5 vote required):
a. Increase Transfer Out appropriations by $247,660 in the Measure T Non-Operating Special Revenue Fund (Fund 2440, Sub-Division 1220053, Account 56100) offset by use of its available fund balance to transfer to Project S7312; and
b. Increase Construction Services appropriations by $187,358 in Project S7312, “Dry Creek Road MPM 9.75,” (Fund 2040, Sub- Division 2040500, Project S7312, Account 52360) offset by a transfer-in revenue from Measure T Fund; and
c. Increase Engineer Services appropriations by $58,587 in Project S7312, “Dry Creek Road MPM 9.75,” (Fund 2040, Sub- Division 2040500, Project S7312, Account 52145) offset by a transfer-in revenue from Measure T Fund; and
d. Increase Consulting Services appropriations by $318 in Project S7312, “Dry Creek Road MPM 9.75,” (Fund 2040, Sub- Division 2040500, Project S7312, Account 52310) offset by a transfer-in revenue from Measure T Fund; and
e. Increase Publications and Legal appropriations by $1,397 in Project S7312, “Dry Creek Road MPM 9.75,” (Fund 2040, Sub- Division 2040500, Project S7312, Account 52830) offset by a transfer-in revenue from Measure T Fund.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Monitoring, maintenance and reporting on the restoration work will continue into future fiscal years beyond the 3-year construction contract |
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Consequences if not approved: |
The County would be out of compliance with the CDFW agreement and would risk actions under CDFW’s enforcement authority. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Categorical Exemption Class 1: It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. [See Class 1 (“Existing Facilities”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR
§15301; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]