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HomeMy WebLinkAboutMINUTES - 08212012 - C.01RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a permit for the temporary entry and use of portions of the Contra Costa Canal System issued by the Contra Costa Water District required for the Canal Road Bridge Replacement project, Bay Point area. County Project No. 0662-6R4080; Federal Project No. BRLO 5928(108) FISCAL IMPACT: The project is completely funded by Federal Highway Bridge Program funds. BACKGROUND: The permit for temporary entry and use of the Contra Costa Canal System is needed so that the County survey crews can perform a topographic survey to be used for design of a bridge replacement project on Canal Road over the Contra Costa Canal. This permit is for survey work only and not for construction of the actual bridge project. In addition to the topographic survey work, the County will also require access to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/21/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, (925) 313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 21, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:August 21, 2012 Contra Costa County Subject:Permit for Temporary Entry and use of Portions of the Contra Costa Canal System issued by Contra Costa Water District, Bay Point area. BACKGROUND: (CONT'D) the Canal right of way in order to complete environmental studies as required by both the National Environmental Policy (NEPA) and California Environmental Quality (CEQA) Acts. The Contra Costa Water District requires the County to obtain a Permit for Temporary Entry and Use of their Canal System any time the County needs access to these areas. The Contra Costa Water District has agreed to waive the permit fees as a courtesy. The permit provided by the Contra Costa Water District requires the County to indemnify and hold the District harmless from any and all liability, claims, injury, death, damages, and expenses arising from the activities for which the permit is obtained including such loss, damage and expense resulting from the sole negligence of the District. While it would be preferable to revise the provision requiring the County to indemnify the District in the case of the District's sole negligence, it is staff's opinion that the possibility of this scenario is very remote through the limited actions to be undertaken by the County under this permit. For this reason, we are recommending the permit be approved in the present form. Following successful completion of the environmental and preliminary engineering phase work as approved by this Board in the future, the project will proceed to the final design and construction phases. The bridge replacement project is needed to replace a deteriorating bridge that has become eligible for federal bridge replacement funds due to its low sufficiency rating (37 out of 100) and its designation as "structurally deficient" in the latest Caltrans Bridge Inspection Report dated December 1, 2010. CONSEQUENCE OF NEGATIVE ACTION: Without this permit, the federal funding for the project will be in jeopardy. CHILDREN'S IMPACT STATEMENT: Not applicable.