ne
TO: Board of Supervisors
FROM: Steven Lederer - Director of Public Works
REPORT BY: James Reese, P.E. - Associate Engineer
SUBJECT: Award of Construction Contract for the Chiles-Pope Valley Road Bridge Replacement Project, RDS 15-23
RECOMMENDATION
title
Award a construction contract to Gordon N. Ball, Inc. for the replacement of the Chiles Pope Bridge, appropriate funding from the Accumulated Capital Outlay Fund, and relieve the apparent low bidder Anvil Builders of its erroneous bid. (Fiscal Impact: $9,181,038; Roads Fund; Not Budgeted; Discretionary)
[4/5 vote required]
body
BACKGROUND
The Chiles Pope Valley Bridge Replacement Project, RDS 15-23 project was advertised on October 16, 2023. The Clerk of the Board opened seven (7) bids on November 16, 2023. The bid results are listed below:
Anvil Builders Emeryville, CA $5,887,494.00
Gordon N. Ball Alamo, CA $6,246,113.00
Valentine Corporation San Rafael, CA $6,557,369.00
Ghilotti Construction Co Santa Rosa, CA $6,829,248.84
Golden State Bridge Inc. Benicia, CA $7,046,751.00
Granite Construction Company Ukiah, CA $7,199,510.94
Myers & Sons Construction LLC Sacramento, CA $9,677,294.50
Anvil Builders was the original apparent lowest bidder; however, Anvil Builders submitted to the County a claim of a clerical ‘bid mistake’ [PCC 5103(b)] describing its failure to correctly input subcontractor pricing for five (5) different bid items and requested bid relief. Anvil Builders notified the County of this mistake within five (5) days of bid opening. Anvil Builders may not be relieved of its bid without consent of the Napa County Board of Supervisors as the awarding authority for this contract [PCC 5101(a)]. Staff recommends granting the requested relief consistent with the Board’s authority under Public Contract Code Section 5101(b) as all of the required factors to grant relief exist in this instance [PCC 5103].
After granting this relief, staff recommends awarding the contract to the lowest responsive bidder, Gordon N. Ball of Alamo, CA. Gordon N. Ball’s bid of $6,246,113 is higher than the engineer's construction cost estimate of $5,200,000, which was based on previous projects. The construction costs increase is due to substantial construction inflation in the last couple years, and new requirements imposed by California Department of Fish and Wildlife (CDFW).
In Fiscal Year 2016-17, the Board budgeted $892,024 from the Roads Fund to cashflow the consultant and County staff expenses during design/engineering. On March 22, 2022, the Board approved a budget transfer of $400,160 to allow the County to use the Accumulated Capital Outlay Fund (ACO) to cash flow the design and engineering. This $9,181,038 budget transfer will finance construction. As always, we will work to maximize our reimbursement from Caltrans. The project is expected to receive an 88.53% federal reimbursement ($8,127,973) and requires a 11.47% local share ($1,053,065). All reimbursements will be returned to the source of the original funds (Roads or ACO) for use on future projects. The project budget includes an estimated $1,374,145 for construction management. This estimate may need some revision when staff returns to the Board for approval of the construction management contract. Currently staff is interviewing consultants and some additional budget may be requested after negations with the construction management firm are completed.
Gordon N. Ball, is not a local vendor; however, the Public Contract Code requires that the construction contract be awarded to the lowest responsible and responsive bidder, regardless of whether the low bidder is local or not. Staff reached out to the local construction contractor community by advertising the request for bids 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.
The Napa County Public Works Department is responsible for maintaining 78 bridges that are included in the National Bridge Inventory. The Federal Highway Administration (FHWA) provides Highway Bridge Program (HBP) funding to replace bridges when needed and the State of California Department of Transportation (Caltrans) administers the HBP in California.
On August 20, 2012, Caltrans issued a letter requesting that local agencies review their public highway bridges for potential replacement, rehabilitation, or preventive maintenance and to take necessary actions to address any public safety issues and to extend the life of our bridge inventory. County staff evaluated fourteen (14) bridges and prioritized eight (8) bridges for the first phase of the HBP. Caltrans and the FHWA programmed HBP funding to replace seven bridges, including the Chiles Pope Valley Road Bridge over Chiles Creek (21C-0075).
The County built the Chiles Pope Valley Road Bridge in 1907 and widened it in 1950. The Bridge is approximately 2.1 miles north of Highway 128 and Caltrans identified it as Structurally Deficient and Scour Critical with a Sufficiency Rating (SR) rating of 53.9 (on a scale of 100). Caltrans designated Chiles Pope Road Bridge Replacement as eligible for 88.53% HBP funding. The purpose of this replacement project is to provide a safe, functional, and reliable crossing over Chiles Creek on Chiles - Pope Valley Road.
County staff has acquired the necessary regulatory permits and incorporated the pertinent environmental measures and permit conditions into the plans and specifications. Mitigation planting will come later as a separate project. Caltrans authorized the County to proceed with constructing a two-span concrete bridge and the County advertised bid documents to contractors. To accelerate the construction in 2024, the plan is to close Chiles - Pope Valley Road at the bridge for eight months (eight month closure to the public excluding emergency vehicles, and four months to everyone including emergency vehicles), let the contractor work two shifts per day to rebuild the bridge, and detour traffic to Lower Chiles Valley Road and Highway 128 during the construction. People will be able to access Moore Creek Park and other properties west of the bridge from Highway 128. There are two homes between the bridge and Lower Chiles Valley Road. The detour will add approximately 10 minutes to the drive. The accelerated construction should allow emergency services vehicles to begin using the new bridge in October 2024. A community meeting to discuss the project with interested individuals is scheduled for January 24th.
Requested Actions:
1. Relieve the apparent low bidder Anvil Builders of its erroneous bid in the amount of $5,887,494 in accordance with the County's authority under Public Contract Code Section 5101(b).
2. Award the Contract to Gordon N. Ball, Inc. of Alamo, California for their low base bid of $6,246,113 for the Chiles Pope Valley Bridge Replacement Project, RDS 15-23, and authorize the Chair to sign the construction contract; and
3. Approval of a Budget Amendment for the following (4/5 vote required):
a. Increase appropriations by $9,181,038 in Accumulated Capital Outlay Fund (ACO) (Fund 3000, Sub-Division 3000000, Account 56100) offset by use of its available fund balance to fund Project 14010 (Fund 2040, Sub-Division 2040500, Project 14010, Account 48200); and
b. Increase appropriations by $9,181,038 in Project 14010 (Fund 2040, Sub-Division 2040500, Project 14010, Account 52360) offset by a transfer-in revenue from ACO.
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
Yes |
|
Is it currently budgeted? |
No |
|
Is it Mandatory or Discretionary? |
Discretionary |
|
Discretionary Justification: |
Construction funding is necessary for the bridge replacement. |
|
Is the general fund affected? |
No |
|
Future fiscal impact: |
If this project is not allowed to move forward, Napa County may be required to return all funds that have previously been reimbursed by Caltrans. If the project moves forward, the project will proceed at an 88.53% federal reimbursement and 11.47% local share. The construction management and inspection expenses at this point are an estimation and may be revised when a final contract with the construction management firm is finalized. A sperate budget will also need to be created for mitigation plantings. Once constructed the new bridge like the existing bridge will need to be maintained. |
|
Consequences if not approved: |
The project will not proceed to the construction phase and further damage at the foundations of the bridge will likely occur in later years, thus putting the safety of travelers on the bridge at risk. |
|
Additional Information |
In Fiscal Year 2016-17, the Board budgeted $892,024 from the Roads Fund to cashflow the consultant and County staff expenses during design/engineering. On March 22, 2022, the Board approved a budget transfer of $400,160 to allow the County to use the Accumulated Capital Outlay Fund (ACO) to cash flow the design and engineering. As always, we will work to maximize our reimbursement from Caltrans. All reimbursements will be returned to the source of the original funds (Roads or ACO) for use on future projects. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: On December 7, 2021, the Board adopted a Mitigated Negative Declaration. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: biological resources, hydrology and water quality, transportation, and tribal cultural resources. This project site is not on any of the lists of hazardous waste sites enumerated under Government code section 65962.5