TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Graham Wadsworth, P. E., Engineering Supervisor
SUBJECT: Amendment No. 8 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
RECOMMENDATION
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Approve and authorize Amendment No. 8 to Agreement No.190311B with Napa Valley Transportation Authority (NVTA) and a Budget Amendment to provide additional funding for the Napa Valley Vine Trail between St. Helena and Calistoga. (Fiscal Impact: $275,000 Expense; Accumulated Capital Outlay Fund; 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 $10 million in grant funding and is administering the $12.6 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 is also administering a $1,323,380 construction support services contract. The portion within the 4.7-mile-long 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 is scheduled for completion in June 2024, which represents a one-year delay.
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 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. 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 anticipates submitting a $1.4 million claim to PG&E in May 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 $275,000 for the 16% construction contract contingency fund to cover additional costs incurred and anticipated as a result of delays to the Project and to ensure that the contractor can complete the construction. If PG&E pays the claim, then NVTA will return funding to the County.
Requested Action.
1. Approve and authorize Amendment No. 8 to Agreement No.190311B with Napa Valley Transportation Authority (NVTA) to provide funding in the amount of $275,000;
2. Approve a Budget Amendment for the following (4/5 vote required):
a. Increase transfer out appropriation by $275,000 in the Accumulated Capital Outlay (ACO) budget (Fund 3000, Sub-Division 3000000, Account 56100) to transfer to Roads Operation budget (Fund 2040, Sub-Division 2040000, Account 48200) offset by use of its available fund balance; and
b. Increase Contributions appropriation by $275,000 in the Roads Operations budget (Fund 2040, Sub-Division 2040000 Account 54800) offset by increase in Transfer In revenue for the same amount.
Any unused funding at the end of the Project will be refunded to the County accordingly.
FISCAL & STRATEGIC PLAN 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: |
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? |
Yes |
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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.