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File #: 23-1492    Version: 1
Type: Agreement Status: Agenda Ready
File created: 8/21/2023 In control: Board of Supervisors
On agenda: 9/12/2023 Final action:
Title: Director of Public Works requests the following: 1. Approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 230255B with Cal Engineering & Geology, reassigning the contract to Haley & Aldrich, Inc., and increasing annual maximum compensation by $450,000 for a new annual maximum of $750,000; 2. Award of a construction contract for the "Mt. Veeder Road MPM 6.25 Slide Repair Project," RDS 23-24, to Rehak General Engineering, LLC of Auberry, California, for their low bid of $672,690, and authorization for the Chair to sign the construction contract; and 3. Approval of a Budget Adjustment for the following (4/5 vote required): a. Increase Transfer Out appropriations by $390,716 in the Accumulated Capital Outlay Fund (ACO) (Fund 3000, Org 3000000, Object 56100) offset by use of available fund balance to be transferred to Mt. Veeder Road MPM 6.25 Slide Repair Project (Fund 2040, Org 2040500, Project 23036); and b. Increase Construction Services appropriations by ...
Sponsors: Board of Supervisors
Attachments: 1. Agreement, 2. Bid Results, 3. Budget Summary, 4. Rehak Agreement
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                     Board of Supervisors

FROM:                     Steven Lederer - Director of Public Works

REPORT BY:                     Sonja El-Wakil, Associate Engineer

SUBJECT:                     Award of Contract for Mt. Veeder Road MPM 6.25 Slide Repair Project, RDS 23-24 and Amendment #1 to Professional Services Agreement No. 230255B 

RECOMMENDATION

title

Director of Public Works requests the following:

1.                     Approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 230255B with Cal Engineering & Geology, reassigning the contract to Haley & Aldrich, Inc., and increasing annual maximum compensation by $450,000 for a new annual maximum of $750,000;

2.                     Award of a construction contract for the “Mt. Veeder Road MPM 6.25 Slide Repair Project,” RDS 23-24, to Rehak General Engineering, LLC of Auberry, California, for their low bid of $672,690, and authorization for the Chair to sign the construction contract; and

3.                     Approval of a Budget Adjustment for the following (4/5 vote required):

a.                     Increase Transfer Out appropriations by $390,716 in the Accumulated Capital Outlay Fund (ACO) (Fund 3000, Org 3000000, Object 56100) offset by use of available fund balance to be transferred to Mt. Veeder Road MPM 6.25 Slide Repair Project (Fund 2040, Org 2040500, Project 23036); and

b.                     Increase Construction Services appropriations by $390,716 in Mt. Veeder Road MPM 6.25 Slide Repair Project (Fund 2040, Org 2040500, Project 23036, Object 52360) offset by transfer-in revenue from ACO.

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EXECUTIVE SUMMARY

The Storm events that occurred in January and March 2023, lead to damage on Mt. Veeder Road at mile post marker (MPM) 6.25 from slide activity. The failure on the downhill slope collapsed the road and resulted in a partial closure.  The proposed project scope consists of constructing a retaining wall on the downhill slopes and repair the road section for full access for the public. 
Bids were opened on August 24, 2023, with the lowest bid of $672,690 from Rehak General Engineering, LLC of Auberry, CA. Staff recommends that the Board award the construction contract and approve the proposed budget transfer from the ACO to fully fund the project.

Additionally, staff is requesting approval of an Amendment with Haley & Aldrich, Inc. / Cal Engineering & Geology (Consultant) who currently have an on-call contract for construction management services. As of one month into the new Fiscal Year 2023-2024, the Consultant has reached roughly 90% of the allowed annual limit due to two other slide repair projects they are providing on-call services for, and their services are needed for today’s proposed construction contract.

FISCAL & STRATEGIC PLAN IMPACT

Is there a Fiscal Impact?

Yes

Is it currently budgeted?

Yes

Where is it budgeted?

The initial funding of $1.0M originated from the General Fund Non-Departmental budget (Fund 1000, org 1050000).  Additional funds of $390,716 are requested at this time from the Accumulated Capital Outlay budget (Fund 3000, Org 3000000) to fully fund the project.  Due to the necessity to design and construct this project to re-establish two-way vehicular access through Mt. Veeder Road. There is no State or Federal funding for this project at this time, however, staff members are currently pursuing possible reimbursement from State and Federal agencies.

Is it Mandatory or Discretionary?

Discretionary

Discretionary Justification:

Repair of slide on Mt. Veeder Road at mile post marker 6.25 is necessary to re-establish two-way access to both emergency and public traffic. Also, the County currently does not have the resources or capacity in-house for the necessary construction management of this project.

Is the general fund affected?

Yes

Future fiscal impact:

The project is estimated to be completed this fiscal year with general future roadway maintenance funded by the Roads budget. The increase of the on-call contract will be funded by the various project budgets tasked to it.

Consequences if not approved:

The road will remain closed and will not allow emergency or public through access.

County Strategic Plan pillar addressed:

Healthy, Safe, and Welcoming Place to Live, Work, and Visit

 

ENVIRONMENTAL IMPACT

ENVIRONMENTAL DETERMINATION: 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.]

BACKGROUND AND DISCUSSION

On April 4, 2023, the Board of Supervisors (Board) ratified a Proclamation of a Local Emergency for the Late Winter Storm Events that began on March 21, 2023. The proclamation included funding of $1,000,000 for Mt. Veeder MPM 6.25 slide repairs and funding for other various slide repairs, and roadside debris storm cleanup projects at the same time.
Through a qualifications-based process, the County selected Miller Pacific Engineering Group (MPEG) as the most qualified firm for the design of this project. The proposed design solution will construct a retaining wall on the downhill section of the road to stabilize the slide, rebuild the road section, and restore the existing drainage facilities.  Construction is anticipated to begin in mid-September 2023 and completed in December 2023. 

Due to the emergency status of this project, a formal approval of plans and specifications was not required from the Board.  Accordingly, to expedite the repairs, staff advertised for the solicitation of bids for construction on July 27, 2023.
On August 24, 2023, bids were opened (the bid results are attached). Staff recommends award of the construction contract to Rehak General Engineering, LLC of Auberry, CA for their low base bid of $672,690.  Based on the low bid, the total project budget with construction, engineering design, construction management, project management, special inspection and contingency is $1,390,716.  Staff is currently pursuing the availability of possible reimbursement from State and Federal agencies.

Therefore, staff recommends the Board award the proposed construction contract to Rehak General Engineering, LLC, and approve the proposed budget transfer of $390,716 from the Accumulated Capital Outlay to fully fund this project.

Rehak General Engineering, LLC is not a local vendor.  The Public Contract Code requires that the construction contract be awarded to the lowest responsible bidder regardless of whether the low bidder is local or not. Staff outreach to the local construction contractor community included advertising the request for bids in the Napa Valley Register, the Solano-Napa Builder's Exchange and by posting on the County website. Staff also sent "Notices to Contractors" to the local construction community.

Through a qualifications-based process, Cal Engineering & Geology (CE&G) was interviewed and selected for the short list and to receive an on-call professional services agreement (Agreement #230255B) with Napa County. Due to the various slide repair emergency maintenance projects within Napa County Public Works from the 2023 storm event, Public Works does not currently have the necessary staffing resources available to complete the repairs and is utilizing the on-call contract with CE&G.  However, CE&G has already reached 90% of available annual limits within Fiscal Year 2023 - 2024 due to their services being utilized on two other emergency slide repair projects currently under construction. Their scope will continue to include geotechnical engineering, materials testing, and construction inspection support on-call services needed for various project work. Additionally, CE&G has recently been bought by Haley & Aldrich, Inc.  The same core team will provide services to the County, though billing will now be paid to Haley & Aldrich, Inc. The new amendment increases the annual limit from $300,000 to $750,000 and reassigns the contract to Haley & Aldrich, Inc.