TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Sydney Barclay, Associate Engineer
SUBJECT: Approval of Contract Change Order No. 2 which exceeds the Director of Public Work’s authority and Amendment No. 6 for Agreement No. 230084B with ADKO Engineering, Inc. for the Chiles Pope Valley Road MPM 3.63 Project.
RECOMMENDATION
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Approve and authorize the Director of Public Works to execute Contract Change Order No. 2, Part 2B to Agreement No. 250437B with Valentine Corporation to increase the maximum compensation from $763,369 to $832,260; and approve and authorize Amendment No. 6 to Agreement No. 230084B with ADKO Engineering, Inc. to increase the maximum compensation from $624,991 to $629,273 for additional construction support and environmental services for the Chiles Pope Valley Road MPM 3.63 Project 23006. (Fiscal Impact; $73,173 Expense; SB-1 Fund; Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
On August 9, 2022, Napa County entered into Agreement No. 230084B with ADKO Engineering, Inc. (ADKO) to provide engineering design and consulting services for multiple capital improvement projects, including the Chiles Pope Valley Rd MPM 3.63 project, 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) project. Since the original agreement was authorized, the County has issued five amendments to the Agreement due to the evolving scope required for the above-noted projects. Amendment No. 6 will increase the maximum compensation under the Agreement and expand ADKO’s construction support and environmental services 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 scheduled for completion by October 15, 2025. Construction includes removal of the culvert’s existing concrete wingwalls, construction of 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 roadway safety improvements, which include new guardrails and roadside concrete barriers. Because construction activities occur within lower Chiles Creek, permits were obtained from the United States Army Corps of Engineers, the California Department of Fish and Wildlife (CDFW), and the San Francisco Regional Water Quality Control Board (RWQCB). These permits impose strict requirements, including completion of all in-channel work by October 15, Tribal consultation and monitoring, biological studies and monitoring, and a five-year Mitigation and Monitoring Plan.
During demolition work, the construction contractor discovered conditions that were not foreseeable because the original plans can’t be found and discovery in the channel wasn’t possible until now. They found that the existing downstream half of the box culvert was unreinforced and could not support cantilevered concrete wingwalls. ADKO quickly revised the design to incorporate self-supporting wingwalls with a slab footing at the outlet of the culvert which will provide an adequate downstream structure to support the lower Chiles Creek culvert and prevent Chiles Pope Valley Road from being washed-out during a future storm. To avoid schedule delays, the County executed Contract Change Order (CCO) No. 2A which is within the Director of Public Works contract change order signing authority (Resolution 2011-18), for $50,668. Part 2B of CCO No. 2 requires the Board of Supervisors authorization and will execute the remaining amount of the change order for an additional $18,223; therefore, authorizing a total amount of $68,891. Pursuant to Public Contract Code 20136, the Board can authorize change orders by two-thirds vote of the Board and consented by the contractor.
Amendment No. 6 to Agreement No. 230084B will compensate ADKO for their additional construction support services and redesign efforts to revise the drawings and engineering calculations, which was essential to maintain the project schedule and ensure construction completion by the October 15 in-channel work deadline. Amendment No. 6 modifies the environmental scope of work by increasing the amount of working days for the on-site biological monitor, providing additional biological surveys, on-site species relocation during construction activities, and agency coordination beyond the original assumptions. Additionally, Amendment No. 6 will include consultation services for the required five years of mitigation and monitoring, including field visits to review existing conditions and permit compliance, preparation of annual reports, and submittal of monitoring documentation. This amendment also extends the term of the Agreement, revising the expiration date from 2026 to 2031.
Several tasks in the current environmental scope are proposed for removal and reallocation of funds, as they are no longer needed. These tasks include biological and cultural resource studies and reports, permit and tribal coordination, and preconstruction surveys. The project’s biological report, cultural resources report, and preconstruction surveys have all been completed, no Tribal monitors have supervised excavation, and remaining funds can be reassigned to other tasks. Although Tribal consultation occurred before ground disturbance, no Tribal monitor has been present on-site, and Tribal Coordination and Monitoring is no longer required at this stage of construction. The County and ADKO wish to reallocate the funding remining under these tasks to other tasks in this Agreement.
Requested Actions:
1. Authorize the Director of Public Works to execute Part 2B for Contract Change Order No. 2 in the amount of $18,223, that is outside of the Director’s signing authority, for a total Contract Change Order amount of $68,891; and
2. Approve and authorize Amendment No. 6 to Agreement No. 230084B with ADKO Engineering, Inc., increasing the total compensation under the Agreement from $624,991 to $629,273 for additional construction support and environmental 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 in construction. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
CCO No. 2 will increase construction costs by $68,891 and Amendment No. 6 to the ADKO Agreement will increase consulting costs by $4,282. Construction will be completed in FY 2025-26. The regulatory agency permits require a five-year mitigation and monitoring effort that will be completed by FY 2030-31. |
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Consequences if not approved: |
If the Director of Public Works is not given authority to execute CCO No. 2, the Contractor will not complete the downstream structure. If the amendment to the Agreement with ADKO is not approved, the project will not provide adequate environmental and structural oversight and will be out of compliance with permit requirements. |
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].