TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Graham Wadsworth, P.E., Engineering Supervisor
SUBJECT: Approval of Amendment 1 to Purchase and Sale Agreement No. 230262B in support of the Construction of the Dry Creek Road Bridge over Dry Creek Replacement Project, RDS 15-22 and Acceptance of Extended Temporary Construction Easement Deed
RECOMMENDATION
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Approve and authorize Amendment No. 1 to Agreement No. 230262B with Christopher A. Marusich and Michelle F. Del Rosario, Trustees of the Marusich Family Revocable Trust Dated May 4, 2017, to increase the maximum compensation by $18,282 for a new maximum of $177,282 to extend the duration of the temporary construction easement for the Dry Creek Road Bridge over Dry Creek Replacement Project and accept the extended temporary construction easement. (Fiscal Impact: $18,282 Expense; Roads Fund; Budgeted; Discretionary)
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BACKGROUND
The Dry Creek Road Bridge over Dry Creek (0.8 miles west of Mt. Veeder Rd.) is over 100 years old. Caltrans identified the bridge as structurally deficient, functionally obsolete, and unstable due to scour under the north abutment. The substructure of the existing bridge has cracking and weathering of the mortar in the joints of the stone masonry abutments. The top section of the retaining wall near the north abutment has broken away and is leaning outward horizontally. The width is only 18 feet between the barriers, which does not meet the American Association of State Highway and Transportation Officials (AASHTO) standard of 11-foot minimum lanes. AASHTO is a standards setting body which publishes specifications, test protocols, and guidelines that are used in highway design.
The proposed bridge structure would consist of an approximately 80-foot-long by 32-foot-wide single- span concrete slab bridge that would be constructed on pre-cast and pre-stressed concrete girders. The project also includes 900 feet of new roadway to remove two curves in Dry Creek Road. County staff anticipates that the contractor will build the project in four stages to minimize the disruption to traffic and this would require work in Dry Creek over two summers.
On May 6, the Board awarded a construction contract to Gordon N. Ball and approved a Budget Amendment for the construction and construction management services.
During the project design, the consultant determined that the County would need to purchase right-of-way, maintenance, and temporary construction easements on the Marusich property to construct the Project. On July 18, 2023, the Board authorized the Chair to sign Purchase and Sale Agreement No. 230262B. The County paid the property owners and recorded the easements.
When Caltrans staff reviewed the temporary construction easements (TCEs), they stated that the County is required to include the starting and ending dates in the TCEs to ensure that the property owners are adequately compensated in case of a construction schedule delay. Since the TCEs only included an 18-month duration, the consultants revised the TCEs and obtained signatures from the trustees. On March 12, 2024, the Board approved and authorize a revised Temporary Construction Easement Deed with Christopher A. Marusich and Michelle F. Del Rosario.
Due to the delay in right-of-way acquisitions, permit approvals, and Caltrans funding, construction will begin a year later than anticipated when Napa County executed the purchase and sale agreement. Amendment 1 extends the duration of the construction to April 2, 2028, and compensates the property owners with $18,282. The consultant prepared the amendments, the property owners signed the amendments, and the Director is recommending approval of the amendments.
Requested Action:
1. Approve and authorize Amendment No. 1 to Purchase and Sale Agreement No. 230262B.
2. Accept the Temporary Construction Easement Deed extending the County’s rights to use the subject property until April 2, 2028.
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? |
The project is currently budgeted in Fund 2040, Sub- Division 2040500 and Project 14009. |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The easement is required to construct the bridge project as designed. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
The Dry Creek Road Bridge Replacement Project is eligible for 100% Federal Highway Bridge Program (HBP) and Toll Credit funding; however, some expenses may not be eligible and will be paid for by the Measure T funds. The construction will begin in Fiscal year 2024-25 and be completed in fiscal year 2026-27. |
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Consequences if not approved: |
The County could forfeit Federal HBP grant funds, would not replace the existing bridge, and might be required to return the HBP funding received to date. |
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Additional Information |
In Fiscal Year 2016-17, the Board budgeted $958,420 from the Roads Fund to cash flow the consultant and County staff expenses during design/engineering. Caltrans has reimbursed most of the expenses for design/engineering and right-of-way acquisitions to date. On July 13, 2021, the Board approved a $321,054 budget transfer from the Measure T fund. On December 14, 2021, the Board approved a $133,150 budget transfer from the Measure T fund. On June 7, 2022, the Board approved a $900,000 budget transfer from the Accumulated Capital Outlay (ACO). On February 28, 2023, the Board approved a $600,000 budget transfer from the ACO. On September 24, 2024, the Board approved a $175,000 budget transfer from the Capital Improvement Fund (formerly ACO). On November 12, 2024, the Board approved a $287,264 budget transfer from the Capital Improvement Fund. On May 6, the Board approved a $9,056,050 budget transfer from the Capital Improvement Fund. |
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. On February 1, 2022, the Board adopted a Mitigated Negative Declaration for the Project.