TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Graham Wadsworth, P. E., Engineering Supervisor
SUBJECT: Amendment No. 9 to Agreement with NVTA to Provide Funding in Support of the Construction of the Napa Valley Vine Trail between St. Helena and Calistoga, RDS 21-26 and approval of a Budget Amendment
RECOMMENDATION
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Approve and authorize Amendment No. 9 to Agreement No.190311B with Napa Valley Transportation Authority to provide additional funding for the Napa Valley Vine Trail between St. Helena and Calistoga; and approve a Budget Amendment. (Fiscal Impact: $713,000 Expense; Capital Improvement Projects Fund: $705,000 Budgeted, $8,000 Not Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
The Napa Valley Vine Trail (Vine Trail), if completed, will be a 47-mile walking and biking trail system to physically, artistically and culturally connect the entire Napa Valley from Calistoga to the Vallejo Ferry and the greater Bay Area. The Project should reduce greenhouse gas emissions and enhance accessibility and connectivity by promoting the use of transit, biking, and walking. In 2020, annual Vine Trail usage between Kennedy Park in Napa and Yountville was 523,000, and 70% of the users live in Napa County.
The Napa Valley Transportation Authority (NVTA) obtained approximately $11.8 million in grant funding and administered the $14.9 million contract to construct the 8.5-mile-long Napa Valley Vine Trail - St Helena to Calistoga Project, which begins at Pratt Avenue in St. Helena and ends in Downtown Calistoga. NVTA also administered a $1,323,380 construction support services contract. The 4.7-mile-long portion of the path within the unincorporated area of the County is on the east side of Highway 29 between Deer Park Road and Dunaweal Lane except for the path on the west side of Highway 29 through Bothe State Park. Construction started in July 2022 and was completed in December 2024, which was approximately 1.5 years beyond the originally scheduled completion date.
On June 27, 2023, NVTA staff informed the Board of Supervisors that the Project experienced significant time and cost impacts due to a Pacific Gas and Electric (PG&E) natural gas pipeline project, unforeseen utility conflicts, earthwork discrepancies, and a four-month-long weather delay. On August 22, 2023, the Board approved Amendment No. 7 for $259,000 of additional county funding for a total County contribution of $3,006,250 for design and construction costs.
On March 20, 2024, NVTA staff informed the NVTA Board that there were additional conflicts between the Project and the PG&E gas pipeline work. On April 9, 2024, the Board approved Amendment No. 8 for $275,000 of additional county funding for additional unforeseen construction costs related to utility conflicts for a total County contribution of $3,281,250 for design and construction costs.
Because PG&E did not finish their project on schedule, NVTA’s construction contractor filed a right-of-way delay claim for costs incurred due to the PG&E delay. NVTA also extended the duration of their construction management and inspection services agreement. NVTA staff submitted a $2.96 million claim to PG&E on September 30, 2024.
Based on the County’s prior commitments of 37% cost share of the funding, NVTA is requesting additional funding from the County in the amount of $703,000 to cover $1.1 million in the contractor’s time related overhead costs incurred and $800,000 for unforeseen conditions that arose in the final two months of construction as NVTA worked to get the trail open for the ceremony on August 16. If PG&E pays the claim, then NVTA will return funding to the County. Staff recommends providing $10,000 toward NVTA’s legal expenses to pursue the claim.
Requested Action.
1. Approve and authorize Amendment No. 9 to Agreement No.190311B with Napa Valley Transportation Authority (NVTA) to provide funding in the amount of $703,000; and
2. Approve a Budget Amendment for the following (4/5 vote required):
a. Increase Transfers Out appropriations by $8,000 in the Capital Improvement Projects Fund (CIF) (Fund 3000, Sub-Division 3000000, Account 56100) offset by use of its available fund balance and increase Transfers In revenues (Fund 2040, Sub-Division 2040500, Project 26007, Account 48200); and
b. Increase Legal Services appropriations by $8,000 in Project 26007 (Fund 2040, Sub-Division 2040500, Project 26007, Account 52140) offset by Transfers In revenues from CIF.
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? Is it Mandatory or Discretionary? |
$705,000 is included in the CIF and Project 26007 (Vine Trail Calistoga) budget as part of the Adopted Budget for FY 2025-26. Additional $8,000 from CIF to the Project is requested for legal costs. Discretionary |
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Discretionary Justification: |
The Napa Valley Vine Trail is a public amenity that promotes health, wellness, and commerce. The original funding for the construction was not adequate for unanticipated expenses. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
The County is responsible for maintaining the portion of the trail between the cities and will share the cost with the Napa Valley Vine Trail Coalition (NVVTC). |
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Consequences if not approved: |
Some other source of funding will need to be found for this section of the Vine Tail to be completed. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable. NVTA is responsible for and has prepared and adopted a Mitigated Negative Declaration for this segment of the Napa Valley Vine Trail project.