TO: Board of Supervisors
FROM: Steven Lederer - Director of Public Works
REPORT BY: Graham Wadsworth, P.E. Supervising Engineer
SUBJECT: Approval of Professional Services Agreement No. 250223B to Bureau Veritas and Budget Amendment for the Dry Creek Road Bridge Replacement Project, RDS 15-22
RECOMMENDATION
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Approve and authorize Agreement No. 250223B with Bureau Veritas for a contract maximum of $42,183 for constructability review services to support the construction of the Dry Creek Road Bridge and approve a Budget Amendment for design, engineering and construction management. (Fiscal Impact: $287,264; Capital Improvement Projects Fund; Not Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
The Dry Creek Road Bridge over Dry Creek is 0.8 miles west of Mt. Veeder Road, over 100 years old, and in need of replacement. Caltrans identified the bridge as structurally deficient, functionally obsolete, and Scour Critical “due to scour under the north abutment.” The width is only 18 feet between the bridge barriers, which does not meet the AASHTO standard of 11-foot minimum lanes. Dry Creek Road is designated as a “minor collector”, the existing bridge is an “Off-System" bridge and thus the project is eligible for 88.53% Highway Bridge Program (HBP) funding and 11.47% Toll Credits funding as the match for local funds; however, there are some expenses that are ineligible for federal funding as described below.
On November 8, 2016, the Board of Supervisors approved an agreement with Biggs Cardosa Associates, Inc. (BCA) to design the Project. The proposed bridge structure would consist of an approximately 80-foot-long by 32-foot-wide single-span concrete slab bridge that is constructed on pre-cast and pre-stressed concrete girders. The project also includes 900 feet of new roadway to remove two curves in Dry Creek Road. County staff anticipates that the contractor will build the project in four stages to minimize the disruption to traffic and this would require work in Dry Creek over two summers.
The consultant completed the design, the County has acquired all the necessary right-of-way, regulatory permits, and has received a commitment to funding construction from Caltrans (E76).
Even though the Dry Creek Road Bridge Replacement Project is eligible for 100% Federal and Toll Credit funding, some expenses are not eligible and will be paid for by the Measure T fund and AT&T.
• On June 13, 2023, Caltrans determined that a portion of the proposed roadway approaching the proposed bridge from the west is not eligible for HBP funding due to the length and Federal Highway Administration regulations; therefore, $229,000 is not eligible for reimbursement. This expense will be covered by Measure T funds.
• On April 9, 2024, AT&T signed a Utility Agreement to reimburse Napa County for an estimated $167,623 for design and construction costs to install telecommunications facilities in the Project. This will allow AT&T to relocate their telecommunications system from the existing road into the new road and bridge, which minimizes the risk of a right-of-way delay claim by the County’s construction contractor. Napa County staff will request reimbursement for the actual costs from AT&T instead of Caltrans.
• The Project includes cutting trees to construct the project and purchasing acreage in the Bale Slough Restoration Area to mitigate the losses. The consultant and staff designed the project to minimize the removal of large diameter trees. The regulatory permits require the County to cut trees between October 1 and October 15, 2024. County staff was not able to obtain the authorization to proceed with construction from Caltrans before awarding the on-call contract task order and the $49,000 of work is ineligible for reimbursement. The $27,468 cost for ADKO to provide the biologist during tree cutting required by the California Department of Fish and Wildlife Streambed Alteration Agreement is also ineligible for reimbursement.
On September 24, the Board approved Amendment 5 with BCA for $288,531 and approved a budget transfer of $175,000. Staff is requesting a budget transfer for the balance of funding for the BCA Amendment 5 that was not requested on September 24, tree cutting, biologist services, and Bureau Veritas construction management services budgets. It is anticipated that Caltrans will reimburse Napa County $7,461,965 out of the total $7,907,558 in expenses. If the construction bid, construction management services, and design services during construction exceed the budget, then staff will request additional funding from Caltrans. With past projects, Caltrans paid the actual costs.
When it comes time to award the construction contract, staff will request an estimated $4.6 million of additional funding to cash flow the construction work and construction management services until Caltrans and AT&T reimburse the County.
Due to the complexity of the project with the environmental requirements, labor compliance, material testing, and miscellaneous other federal requirements, is necessary to hire an outside construction management consultant to protect the interest of the County, and to secure reimbursement from Caltrans. On July 9, 2024, County staff distributed a request for proposal for construction management services. On August 13, County staff interviewed two companies and selected the most qualified. County staff negotiated the agreement, County Counsel approved it as to form, and staff recommends approval. This first phase of the construction management services is to provide a constructability review, to protect the county’s interests by addressing potential issues and conflicts before bidding.
Requested Actions:
1. Approve and authorize Agreement No. 250223B to Bureau Veritas of Sacramento, California for $42,183 for constructability review services; and
2. Approve a Budget Amendment for the following (4/5 vote required):
a. Increase Transfer Out appropriations by $287,264 in the Capital Improvement Projects Fund (Fund 3000, Sub-Division 3000000, Account 56100) offset by use of its available fund balance to transfer to Project 14009; and
b. Increase Construction Services appropriations by $287,264 in Project 14009 budget (Fund 2040, Sub-Division 2040500, Account 52360) offset by Transfer In revenue from Capital Improvements Project 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? |
Discretionary |
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Discretionary Justification: |
Construction management funding is necessary for the bridge replacement. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
It is anticipated that construction will begin in fiscal year 2024-25 and end into fiscal year 2026-27; however, there are 10 years of mitigation expenses. |
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Consequences if not approved: |
The County will forfeit Federal Highway Administration HBP grant funds, would not replace the existing bridge, and might be required to return the HBP funding received to date. |
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Additional Information |
In Fiscal Year 2016-17, the Board budgeted $958,420 from the Roads Fund to cash flow the consultant and County staff expenses during design/engineering. On July 13, 2021, the Board approved Amendment 1 and a $321,054 budget transfer from the Measure T fund. On December 14, 2021, the Board approved Amendment 2 and a $133,150 budget transfer from the Measure T fund. On June 7, 2022, the Board approved Amendment 3 and a $900,000 budget transfer from the Capital Improvement Projects Fund (formerly ACO) Fund. On November 8, 2022, the Board approved a $200,000 budget transfer from the Capital Improvement Projects Fund for right-of-way acquisitions. On February 28, 2023, the Board approved Amendment No. 4 and a $600,000 budget transfer from the CIF Fund. On September 24, 2024, the Board approved Amendment No. 5 and a $175,000 budget transfer from the CIP Fund. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable. On February 1, 2022, the Board adopted a Mitigated Negative Declaration for the Project.