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Parks, a division of the Chief Administrative Office, recommending the Board:
1) Approve Amendment II to Agreement 8190, modifying the Payment section and incorporating Exhibit C-1, which clarifies the effective date that Crystal Basin Construction, LLC took over the assignment of completing the Ellis Creek Maintenance Building project from MWCH Construction, LLC;
2) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 8190, excluding increases to the not-to-exceed amount, contingent upon approval by County Counsel and Risk Management; and
3) Authorize the Purchasing Agent to execute any necessary documents relating to the assignment of the work to Crystal Basin Construction, LLC, including the performance and payment bond rider, contingent upon approval by County Counsel and Risk Management.
FUNDING: State Parks Off-Highway Motor Vehicle (OHV) Division Grant (51%), Sacramento Municipal Utility District Agreement Funds (18%), OHV Registration Fee (Green Sticker) funding (31%).
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DISCUSSION / BACKGROUND
On January 26, 2021 (Legistar file 21-0041) the Board accepted funding and approved the development grant from State Parks Off-Highway Motor Vehicle Division (OHV) for the construction of a maintenance building at Ellis Creek off the Rubicon Trail (Grant # G19-03-06-D01). The building will securely store the pumper truck and pumper trailer as well as serve as a small emergency shelter for the County and Forest Service employees working on the trail in this remote portion of the County.
On July 18, 2023 (Legistar file 23-1155), the Board adopted the specifications and authorized advertisement for construction bid (23-968-051).
On December 12, 2023 (Legistar file 23-1840) the Board awarded the construction bid to the lowest responsive and qualified bidder, MWCH Construction LLC, and authorized the Board Chair to sign Agreement 8190 for $285,343.
On July 10, 2024, a Notice to Proceed was issued to authorize Crystal Basin Construction, LLC to proceed with installation work under the impression that MCWH Construction, LLC was simply updating its name to Crystal Basin Construction, LLC. However, it was later determined that Crystal Basin Construction, LLC became a separate entity from MCWH Construction, LLC, and that MCWH Construction, LLC was in the process of being dissolved. This resulted in the need for further changes to the Agreement and review of bond and surety requirements for the new contractor company to take over the project. On July 30, 2024 (Legistar file 24-1055), the Board approved the First Amendment to Agreement 8190, authorizing the assignment of the agreement with MCWH Construction, LLC to Crystal Basin Construction, LLC.
By incorporating Exhibit C-1 through Amendment II, the effective date of the assignment will be clarified to the date February 1, 2024. The Amendment revises the Payment article to expressly provide that Crystal Basin Construction, LLC is entitled to be paid for work performed since February 1, 2024.
ALTERNATIVES
The Board could choose not to approve Amendment II, which would result in project delays.
PRIOR BOARD ACTION
Legistar file 21-0041 - January 26, 2021 - Approval of OHV grant G19-03-06-D01
Legistar file 23-1155 - July 18, 2023 - Authorization of bid #23-968-051 for the Ellis Creek Maintenance Building
Legistar file 23-1840 - December 12, 2023 - Award of bid #23-968-051, authorization of Agreement 8190 with MWCH Construction, LLC, and approval of budget transfer
Legistar file 24-1055 - July 30, 2024 - Approved First Amendment to Agreement 8190 to authorize assignment of MWCH Construction, LLC to Crystal Basin Construction, LLC.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement and Contracts, County Counsel, Risk Management
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Total project costs are estimated at $335,343. Funds have been budgeted in the Fiscal Year 2024-25 Rubicon budget. The total State OHV grant is $232,219, which includes $171,841 from grant funding and a $60,378 match to be funded by the Parks Division’s share of the Sacramento Municipal Utility District (SMUD) agreement funds. The remaining $103,124 will come from OHV registration (Green Sticker) funds. There is no change in Net County Cost.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Upon Board approval, obtain Board Chair signature on Amendment II of Agreement 8190 and forward the signed agreements to Purchasing and Contracts with a copy to CAO Administration and CAO Central Fiscal, attention Kelley Lawrie.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Zachary Perras, Parks Manager
Jennifer Franich, Deputy Chief Administrative Officer