RESOLUTION R2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) AUTHORIZING THE UTILITIES DIRECTOR TO AWARD TO AND EXECUTE A CONSTRUCTION CONTRACT WITH SIERRA MOUNTAIN CONSTRUCTION, INC., FOR CONSTRUCTION OF THE MILLIKEN DIVERSION DAM ACCESS IMPROVEMENTS (ACCOUNT 53160133–9017FR11) IN THE BID AMOUNT OF $4,824,685; (2) AUTHORIZING THE UTILITIES DIRECTOR TO APPROVE CHANGE ORDERS AND EXECUTE CONTRACTS FOR PROJECT SERVICES IN A TOTAL AMOUNT NOT TO EXCEED $1,225,315, FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $6,050,000; (3) ESTABLISHING CIP BUDGET AND EXPENDITURE ACCOUNT FOR MILLIKEN DIVERSION DAM ACCESS IMPROVEMENTS (ACCOUNT 53160133-9017FR11) WITH A TRANSFER OF $810,869.77 AS DOCUMENTED IN COUNCIL BUDGET AMENDMENT NO. 444; (4) APPROVING A TRANSFER IN THE AMOUNT OF $5,239,130.23 FROM WATER NON-RECURRING UNDESIGNATED FUND BALANCE ACCOUNT 539-35999 TO CIP PROJECT ACCOUNT 53160133–9017FR11 AS DOCUMENTED IN COUNCIL BUDGET AMENDMENT NO. 444; AND (5) DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA WHEREAS, on October 8, 2017, the Atlas Fire was one of fourteen large fires that burned simultaneously across eight Northern California counties; and WHEREAS, the Atlas Fire began near Atlas Peak Road and stretched from Lake Berryessa to the City of Napa (City), portions of which included the Milliken Reservoir Watershed, the City’s water service area in the Silverado Country Club, and surrounding areas; and WHEREAS, the Fire caused damage to the trail that is critical to access the raw water pipeline and intake structure, destroyed retaining walls, a bridge, and a 300-ft walkway, as well as a gate that was crushed by a falling tree; and WHEREAS, due to the damage, the City is unable to take beneficial use of the 1,400 acre-feet of water stored in Milliken Reservoir to supply water to customers; and WHEREAS, FEMA public assistance is available to replace the burned facilities in kind, however, contrary to staff’s recommendations for a large project designation due to challenging construction site conditions, FEMA estimated project replacement costs as a small project (less than $125,000); and WHEREAS, it is unknown at this time if any additional funding will be provided by FEMA. Staff will continue to work through the administrative process with FEMA to determine if funds remain in the small project category once all projects are closed or if there is an option to appeal and categorize the work as a large project; and WHEREAS, Fire Insurance proceeds for the damage have been received in the amount of $497,890; and WHEREAS, staff recommends improvements required to facilitate safe access as well as reconstruction of the important infrastructure using steel instead of wood to mitigate vulnerability to future fires; and WHEREAS, existing CIP budget in the amount of $810,869.77 is available for the Project in Water Fund Nonrecurring account 53960140–9017FR11 and will be transferred to the newly established CIP account 53160133-9017FR11; and WHEREAS, on January 19, 2024, three (3) responsive bids were received through a competitive bid process; and WHEREAS, staff evaluated the bids and determined that the lowest and best bid was submitted by Sierra Mountain Construction, Inc., in the amount of $4,824,685; and WHEREAS, project costs also include $1,225,315 for contingency for unforeseen conditions and construction-related services for engineering, construction management, specialty inspection, and materials testing for a total project amount of $6,050,000; and WHEREAS, an additional $5,239,130.23 is required to construct the project and will be transferred from Water Non-Recurring Undesignated Fund Balance account 539-35999; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establishes the factual basis for the City Council’s adoption of this Resolution.
2. The City Council hereby determines that the actions authorized by this Resolution are exempt from CEQA pursuant to CEQA Guidelines Section 15302 (c) which exempts the repair or maintenance of existing publicly owned utilities.
3. The City Council hereby authorizes the Utilities Director to award to and execute a construction contract with Sierra Mountain Construction, Inc., for the Milliken Diversion Dam Access Improvements (53160133–9017FR11) in the amount of $4,824,685.
4. The City Council hereby authorizes the Utilities Director to approve change orders and execute contracts for project services in a total amount not to exceed $1,225,315, for a total project amount not to exceed $6,050,000.
5. The City Council hereby establishes a CIP budget and expenditure account for Milliken Diversion Dam Access Improvements account (53160133-9017FR11) and a transfer of $810,869.77 as documented in Council Budget Amendment No. 444.
6. The City Council hereby approves a budget transfer in the amount of $5,239,130.23 from Water Non-Recurring Undesignated Fund Balance Account 539-35999 to Milliken Diversion Dam Access Improvements account 53160133–9017FR11 as documented in Council Budget Amendment No. 444.
7. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 6th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_________________________
Michael W. Barrett
City Attorney
R2024-__ Page 1 of 1 February 6, 2024
R2019-__ Page 1 of 1 Type approved date of resolution here ATTACHMENT 1
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