TO: Board of Supervisors
FROM: Steven Lederer - Director of Public Works
REPORT BY: James Reese - Associate Engineer
SUBJECT: Approval of Contract Change Order No. 10 Exceeding the Director of Public Works’ Authority and Award of Construction Contract for the Chiles Pope Valley Road Bridge Replacement RDS 15-23 Restoration and Monitoring Project.
RECOMMENDATION
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Award a Construction Contract for the Chiles Pope Valley Road Bridge Replacement RDS 15-23 Restoration and Monitoring Project to Empire Landscaping Inc.; approve and authorize the Director of Public Works to execute Contract Change Order No. 10 to Agreement No. 240254B with Gordon N. Ball, Inc., to increase the maximum compensation from $6,246,112 to $7,724,881; and approve a Budget Amendment. (Fiscal Impact: $1,007,704; Roads Fund; Not Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
This item is to achieve two objectives, authorize the Director of Public Works to execute a contract change order that exceeds his delegated authority; and award a construction contract for required mitigation planting and monitoring work.
On January 23, 2024, the Board awarded the bridge replacement construction contract to Gordon N. Ball, Inc. of Alamo, California, in the amount of $6,246,113, and approved a budget amendment of $9,181,038 to fully fund construction. The project site is located approximately 2.1 miles north of State Route 128. Construction occurred during the spring, summer, and fall of 2024, and the project is substantially complete. Remaining work includes installation of the planting irrigation and monitoring, as well as final settlement of a contractor claim related to hard drilling conditions.
Mitigation planting and an irrigation system are required by the California Department of Fish and Wildlife (CDFW) and the Regional Water Quality Control Board (RWQCB) because the project involved work within Chiles Creek. Napa County entered into Lake and Streambed Alteration Agreement No. NAP-30757-R3 with CDFW and Waste Discharge Identification (WDID) No. 2 CW449251 with the RWQCB. The CDFW agreement requires five years of post-construction monitoring to mitigate temporary and permanent impacts, while the RWQCB requires ten years of monitoring.
The mitigation planting and monitoring project was first advertised on July 21, 2025, with bids opened on August 21, 2025. One bid was received; however, the bidder was unable to meet the bonding requirements associated with the ten-year monitoring period. On October 7, 2025, the Board rejected all bids and authorized the project to be re-advertised with a reduced monitoring period of five years. The remaining five years of monitoring will be procured under a separate future contract.
Bids for the re-advertised project were opened on July 10, 2025, with the following results:
• Empire Landscaping Inc., Davis, CA - $499,835 (apparent low bid)
• The Professional Tree Care Co., Berkeley, CA - $563,179
• Hanford Applied Restoration & Conservation, Petaluma, CA - $660,698
During foundation construction in summer 2024, the contractor encountered drilling conditions more difficult than anticipated. Following mediation, the County and the contractor agreed to additional compensation of $1,200,232 for drilling-related impacts. Of this amount, $1,062,808 (88.53%) is reimbursable through the Highway Bridge Program (State-funded).
REQUESTED ACTIONS
1. Award a construction contract for the Chiles Pope Valley Road Bridge Replacement RDS 15-23 Restoration and Monitoring Project to Empire Landscaping Inc. for the low bid amount of $499,835;
2. Approval of a Budget Amendment to increase Construction Services appropriations by $1,007,704 in Chiles Creek Bridge-Pope Valley project budget (Fund 2040, Subdivision 2040500, Project 14010, Account 52360) offset by use of its available fund balance (4/5 vote required); and
3. Authorize the Director of Public Works to execute Contract Change Order No. 10 in the amount of $1,200,232, which exceeds the Director’s delegated authority and results in a total change order amount of $1,478,768 (4 affirmative votes required per Public Contract Code section 20136(c)).
FISCAL IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
A CDFW Lake and Streambed Alteration Agreement (No. NAP-30757-R3) for the Chiles Pope Valley Road bridge Replacement project requires environmental mitigation measures be implemented, and the county needs to reach agreement with the bridge contractor to close out the project. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Monitoring and maintenance of the restoration work will continue into future fiscal years. |
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Consequences if not approved: |
The County would be out of compliance with the CDFW Agreement and would risk actions under CDFW’s enforcement authority, and the county may face litigation if agreement can’t be reached with the contractor. |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: On December 14, 2021, the Board adopted a Mitigated Negative Declaration for the Project.