TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Daniel Basore, Engineering Supervisor
SUBJECT: Authorize contract change orders to construction contracts 250364B with Benchmark Civil Construction, Inc. for the emergency slide repair at Berryessa Knoxville Road MPM 4.0, RDS 25-29 and 250359B with Pomilia Civil for the emergency slides repairs at Mt. Veeder Road MPM 1.2-1.4.
RECOMMENDATION
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Authorize contract change orders to construction contracts 250364B with Benchmark Civil Construction, Inc. for the emergency slide repair at Berryessa Knoxville Road MPM 4.0, RDS 25-29, and 250359B with Pomilia Civil for the emergency slides repairs at Mt. Veeder Road MPM 1.2-1.4. (Fiscal Impact: $170,000 Expense; General Fund; Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
On February 18, 2025, the Board of Supervisors adopted a Resolution ratifying the proclamation of Local Emergency that began on February 4, 2025, and delegated additional authorities to the CEO/Director of Emergency Services and the Sheriff/Deputy Director of Emergency Services related to the County’s response to the emergency; provided direction to staff to expeditiously pursue repairs to affected areas in light of this emergency while in parallel pursuing reimbursement from State and Federal agencies if available and warranted; and approved a Budget Amendment for repairs including a landslide at Berryessa Knoxville Road MPM 4.0 and landslides at Mt. Veeder Road MPM 1.2-1.4.
On March 3, 2025 the County executed time and materials construction contracts with Benchmark Civil Construction, Inc. for $380,000 to perform the landslide repair at Berryessa Knoxville Road MPM 4.0 and with Pomilia Civil for $220,000 to perform landslide repairs at Mt. Veeder Road MPM 1.2-1.4.
During the excavation and off-haul of landslide material at Berryessa Knoxville Road MPM 4.0 the landslide failure plane was observed by County Staff and County hired Geotechnical consultant, Miller Pacific Engineering Group (MPEG) to be deeper than originally thought. As a result, more material needed to be off-hauled and imported to perform the landslide repair. Additionally, the bottom keyway was widened at the road edge based on the observations and direction of MPEG which warrants the installation of a guardrail across the rock slope protection slide repair to prevent vehicles from leaving the roadway and hitting the rocks. The landslide repair and repaving of damaged pavement was completed on April 22, 2025; the guardrail installation was scheduled for installation on April 28, 2025.
During the landslide repairs at the two sites at Mt. Veeder Road MPM 1.2-1.4 a culvert failure was discovered between the two sites and was included in repairs. Also, an old asphalt concrete dike was discovered at MPM 1.4 that had previously been paved over and the dike needed to be replaced to direct stormwater runoff away from the slide repair. The landslide repair and repaving were completed on April 11, 2025; the AC dike installation is to be determined.
Pursuant to Public Contract Code 20136, the Board can authorize change orders (1) via authority delegated to the Director of Public Works pursuant to Public Contract Code 20142, (2) by terms set forth in the contract, or (3) by order adopted by two-thirds of the Board and consented to by the contractor.
Because the proposed change orders exceed the Director of Public Works’ authority pursuant to Public Contract Code Section 20142 and because a change of this size is not addressed by the terms of the contract, staff recommends approval by order adopted by two-thirds of the Board and consented to by the Contractor. The proposed change orders exceed the Director of Public Works’ authority by $30,000 for Mt. Veeder Road MPM 1.2-1.4 and $140,000 for Berryessa Knoxville Road MPM 4.0 for total change order amounts of $85,000 and $235,000 for each project.
When each project was created on February 18, 2025, $1,000,000 was appropriated to the Berryessa Knoxville Road MPM 4.0 emergency slide repair and $1,500,000 was appropriate to the Mt. Veeder Road MPM 1.2-1.4 emergency slide repairs. No additional budget appropriation is required.
Requested Actions:
1. Authorization for the Director of Public works to sign contract change orders to the contract with Benchmark Civil Construction, Inc. for a maximum not to exceed amount of $235,000 to respond to unexpected circumstances during construction for the Berryessa Knoxville Road MPM 4.0 Emergency Landslide Repair.
2. Authorization for the Director of Public works to sign contract change orders to the contract with Pomilia Civil for a maximum not to exceed amount of $85,000 to respond to unexpected circumstances during construction for the Mt. Veeder Road MPM 1.2-1.4 Emergency Landslide Repair.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Projects 25038 and 25039 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The additional work was required to repair the landslides, and the budget is already appropriated for each project. Stopping the project to rebid the work would have delayed the project, and thus been harmful to the public safety of passing motorists. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
None |
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Consequences if not approved: |
The Contractors will not be paid for the work they have done to repair landslides for Napa County. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: 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.]