TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Sydney Barclay, Asssociate Engineer
SUBJECT: Approval of Amendment No. 5 for the PSA with ADKO Engineering for the Chiles Pope Valley Road MPM 3.63 project (RDS 22-27).
RECOMMENDATION
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Approve and authorize Amendment No. 5 to Agreement No. 230084B with ADKO Engineering, Inc. increasing the maximum compensation from $588,781 to $623,781 for additional surveying and biological support services for the Chiles Pope Valley Road MPM 3.63 Project 23006. ($35,000 Expense; Budgeted; Discretionary)
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BACKGROUND
On August 9, 2022, Napa County entered into Agreement No. 230084B with ADKO to obtain engineering design and consulting services for the Chiles Pope Valley Rd MPM 3.63 project, as well as the Chiles Pope Bridge Replacement, Silverado Trail at Bell Canyon Creek Bridge (RDS 22-27), and Dry Creek Road MPM 9.75 (RDS 21-06) projects. Since the original agreement was authorized, the County has issued four (4) amendments to the Agreement due to the evolving scope required for the above-noted projects. Amendment No. 5 for the Agreement will increase the maximum compensation under the Agreement and expand ADKO’s surveying and environmental scope.
The Chiles Pope Valley Rd MPM 3.63 Project (RDS 22-27) was authorized to proceed with construction on June 17, 2025, and is expected to begin construction on Wednesday, July 16, 2025. This project includes removing the existing concrete wingwalls at the project site, constructing new concrete wingwalls on each side of the culvert (upstream and downstream), pouring a concrete slab approach at the inlet of the culvert, providing rock slope protection at the outlet of the culvert, and providing safety improvements on the roadway, which include new guardrails and concrete bridge barriers. Moreover, because these repairs will occur within the channel and banks of lower Chiles Creek, the County obtained permits from the United States Army Corps of Engineers, the California Department of Fish and Wildlife, and the San Francisco Regional Water Quality Control Board. These agencies have implemented strenuous requirements on the Chiles Pope Valley Road MPM 3.63 Project and require Tribal Monitoring, Biological Studies and Monitoring, and the implementation of a five (5) year Restoration Planting Plan.
The Contractor has requested for the County to provide staking of our right-of-way limits, centerline stationing at 50-foot intervals, and elevation (vertical control points). The additional task authorized to ADKO’s subconsultant, Albion Surveys, will ensure the Contractor can adequately build the project in accordance with the County’s approved Plans.
The Chiles Pope Valley Rd MPM 3.63 project is closely monitored for environmental compliance and has several requirements under its California Department of Fish and Wildlife (CDFW) Permit. The CDFW permit requires about eight (8) biological surveys, of which the County has previously obtained budget for ADKO’s subconsultant, Kleinfelder, to provide seven (7) of these surveys. During the Foothill Yellow-Legged Frog (FYLF) survey, the biologist encountered FYLFs and their habitats, as well as the habitat suitable for federally-listed California Red-Legged Frogs. As a result of the positive findings in this survey, the biologist will need to develop a FYLF Habitat Restoration Plan and the Contractor will be required to implement it before starting construction. Similarly, the CDFW permit requires a Western Pond Turtle Survey 48-hours before construction commences in Chiles Creek. If this species is located, a Western Pond Turtle Habitat Restoration Plan will need to be developed and implemented prior to construction.
Chiles Creek will need to be dewatered before in-water work can commence. In order to provide Dewatering, the biologist will first need to provide an Aquatic Species Study to determine an appropriate Capture and Relocation Plan during Dewatering, in accordance with the CDFW permit requirements. The Dewatering and Capture and Relocation Plan, Aquatic Species Study, and the Habitat Restoration Plans for the FYLF and Western Pond Turtles, require an increased scope to accommodate ADKO’s subconsultant’s (Kleinfelder’s) work and will ensure this project can move forward into the construction phase without delay and in compliance with the project permit requirements.
Requested Actions:
1. Approve and authorize Amendment No. 5 for Agreement No. 230084B with ADKO Engineering, Inc, increasing the total compensation under the Agreement by $35,000 for a new contract total of $623,781 for additional surveying and environmental support services for the Chiles Pope Valley Road MPM 3.63 project.
FISCAL 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? |
It is budgeted in Project 23006. |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The revised scope is essential to move the project forward into construction. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Construction will be completed in FY 2025-26. The regulatory agency permits require a five (5) year mitigation and monitoring effort that will be completed by FY 2030-31. |
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Consequences if not approved: |
If the amendment to the Agreement with ADKO is not approved, the Contractor will not be able to proceed with construction due to permit restrictions requiring environmental support. If improvements are made without surveying staking, the County risks the Contractor providing work outside of the County’s right-of-way. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Categorical Exemption Class 1: 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 of 14 CCR §15301; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B].