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File #: 25-1572    Version: 1
Type: Agreement Status: Agenda Ready
File created: 8/26/2025 In control: Board of Supervisors
On agenda: 9/9/2025 Final action:
Title: Approve and authorize Amendment No. 2 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 from $177,282 to $195,282 to provide a housing accommodation during the construction of the Dry Creek Road Bridge over Dry Creek Replacement Project. (Fiscal Impact: $18,000 Expense; Roads Capital Improvement Projects Fund; Budgeted; Discretionary)
Sponsors: Board of Supervisors
Attachments: 1. Agreement, 2. Budget Summary
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                     Board of Supervisors

FROM:                     Steven Lederer, Director of Public Works

REPORT BY:                     Graham Wadsworth, P.E., Engineering Supervisor

SUBJECT:                     Approval of Amendment 2 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

 

RECOMMENDATION

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Approve and authorize Amendment No. 2 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 from $177,282 to $195,282 to provide a housing accommodation during the construction of the Dry Creek Road Bridge over Dry Creek Replacement Project. (Fiscal Impact: $18,000 Expense; Roads Capital Improvement Projects 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 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 will 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. On March 12, 2024, the Board approved and authorize a revised Temporary Construction Easement Deed with Christopher A. Marusich and Michelle F. Del Rosario. On June 17, 2025, the Board approved Amendment No. 1 to extend the duration of the temporary construction easement to April 2, 2028, and compensate the property owners with $18,282.

The construction contractor’s work has created a good deal of noise and dust (despite their dust control measures) and the Marusich family requested housing accommodation to live away from the Project during earthwork operations, which could continue through October. After researching housing options and costs, the Marusich Trustees and County staff agreed to a maximum $18,000 for actual expenses. County Counsel prepared the amendment, the property owners signed the amendment, and the Director is recommending approval of the amendment.

Requested Action:

1.                     Approve and authorize Amendment No. 2 to Purchase and Sale Agreement No. 230262B.

 

FISCAL IMPACT

Is there a Fiscal Impact?

Yes

Is it currently budgeted?

Yes

Where is it budgeted?

The project is currently budgeted in Fund 2040, Sub- Division 2040500, Project 14009.

Is it Mandatory or Discretionary?

Discretionary

Discretionary Justification:

The amendment is required to mitigate the effects of the construction of the bridge project.

Is the general fund affected?

No

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 began in Fiscal year 2024-25 and anticipated to be completed in fiscal year 2026-27.

Consequences if not approved:

The County could be liable for damages suffered by the Trustees.

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.