TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: Graham Wadsworth, P.E., Engineering Supervisor
SUBJECT: Amendments to Purchase and Sale Agreements No. 230226B, 230231B, and 230263B in support of the Construction of the Dry Creek Road Bridge over Dry Creek Replacement Project, RDS 15-22
RECOMMENDATION
title
Director of Public Works requests the following approvals related to easements and property necessary for the Dry Creek Road Bridge over Dry Creek Replacement Project, RDS 15-22:
1. Approval and authorization for the Chair to sign Amendment No. 1 to Purchase and Sale Agreement No. 230226B with Anna M. Baker, Melissa R. Baker, and Mercedes C. Baker, as Trustees of the Karen Louise Baker Bypass Trust (Assessor’s Parcel Number 027-530-003) to add Title VI of the Civil Rights Act of 1964 compliance text as required by Caltrans;
2. Approval and authorization for the Chair to sign Amendment No. 1 to Purchase and Sale Agreement No. 230231B with Shai Shefer, a married man as his sole and separate property and Gil Shefer, an unmarried man as Joint Tenants (Assessor’s Parcel Number 027-330-002) to add Title VI of the Civil Rights Act of 1964 compliance text as required by Caltrans; and
3. Approval and authorization for the Chair to sign Amendment No. 1 to Purchase and Sale Agreement No. 230263B with Terry Herlihy, Dan Herlihy and Lisa Carlson, Successor Trustees (Assessor’s Parcel Number 027-330-017) to add Title VI of the Civil Rights Act of 1964 compliance text as required by Caltrans and increase the maximum compensation by $1,700 for a new maximum of $6,000 to cover expenses incurred due to delays in the escrow process.
body
EXECUTIVE SUMMARY
On February 28, 2022, and November 8, 2022, the Board authorized the Chair to sign Purchase and Sale Agreements required for this Project. After the County acquired the easements and property, Caltrans stated that the County is required to amend the agreements to include references to Title VI of the Civil Rights Act of 1964 compliance. During negotiations with Successor Trustees for the Herlihy property, the Trustees requested an additional $1,700 to cover expenses incurred due to delays in the escrow process. The consultant prepared the amendments, the property owners signed the amendments, and the Director is recommending approval of the amendments.
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
No |
|
Is it currently budgeted? |
Yes |
|
Where is it budgeted? |
The project is currently budgeted in Fund 2040, Sub-Division 2040500 and Project 14009. |
|
Is it Mandatory or Discretionary? |
Discretionary |
|
Discretionary Justification: |
The easements and property are required to construct 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. It is anticipated that all the work will be completed in fiscal year 2025-26; however, permitting agencies may require future maintenance and monitoring work. |
|
Consequences if not approved: |
The County will forfeit Federal HBP grant funds, would not replace the existing bridge, and might be required to return the HBP funding received to date. |
|
County Strategic Plan pillar addressed: |
Livable Economy for All |
|
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 some funding for design/engineering to date. On July 13, 2021, the Board approved Amendment 1 and a $321,054 budget transfer from the Measure T fund. On December 14, 2021, the Board approved Amendment 2 and a $133,150 budget transfer from the Measure T fund. On June 7, 2022, the Board approved Amendment 3 and a $900,000 budget transfer from the ACO. On February 28, 2023, the Board approved Amendment 4 and $600,000 budget transfer from the ACO. |
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.
BACKGROUND AND DISCUSSION
The Napa County Public Works Department is responsible for maintaining 78 bridges that are included in the National Bridge Inventory. The Federal Highway Administration (FHWA) provides Highway Bridge Program (HBP) funding to replace bridges when needed and the State of California Department of Transportation (Caltrans) administers the HBP in California.
On August 20, 2012, Caltrans issued a letter to cities and counties requesting local agencies to review their public highway bridges for potential replacement, rehabilitation, or preventive maintenance and to take necessary actions to address any public safety issues and to extend the life of our bridge inventory. County staff evaluated fourteen (14) bridges and prioritized eight (8) bridges for the first phase of the HBP. Caltrans and the FHWA programmed HBP funding to replace seven bridges.
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 is 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 AASHTO standard of 11-foot minimum lanes.
Dry Creek Road is designated as a “minor collector”, and the existing bridge is an “Off-System" bridge, and thus the project is eligible for 88.53% HBP funding and 11.47% Toll Credits funding as the match for local funds. The proposed bridge structure would consist of an approximately 80-foot-long by 32-foot-wide single-span concrete slab bridge 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 9, 2022, Caltrans authorized the County to proceed with the right-of-way (ROW) acquisition phase of the project. During the project design, the consultant determined that the County would need to purchase a temporary construction easement on the Baker property and a permanent maintenance easement on the Herlihy property to construct the Project. On February 28, 2022, the Board authorized the Chair to sign Purchase and Sale Agreements No. 230226B and 230263B, respectively. The County paid the property owners and recorded the easements.
The consultant also determined that constructing the road over the southern portion of the Shefer property rendered the property undevelopable. On November 8, 2022, the Board authorized the Chair to sign a Purchase and Sale Agreement No. 230231B and the County owns the property.
After the County acquired the easements and property, Caltrans stated that the County is required to amend the agreements to include references to Title VI of the Civil Rights Act of 1964 compliance. During negotiations with Successor Trustees for the Herlihy property, the Trustees requested an additional $1,700 to cover expenses incurred due to delays in the escrow process. The consultant prepared the amendments, the property owners signed the amendments, and the Director is recommending approval of the amendments.
After the County records the amendments, County staff will submit a Right-of-way Certification to Caltrans. After Caltrans approves the Right-of-way Certification, County staff will submit a Request for Authorization to Proceed with Construction to Caltrans. Our goal is to complete the regulatory permit and right-of-way acquisition process in early 2024 and commence construction in the summer of 2024, so long as HBP construction funds are available.