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HomeMy WebLinkAboutMINUTES - 11122013 - C.06RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair, Board of Supervisors, or designee, to execute the Cooperative Agreement No. 353147-E with the State of California Department of Water Resources (DWR) for the Byron Highway Bridge Replacement project, with changes negotiated by the County and DWR since July 9, 2013, as recommended by the Public Works Director, Byron area. Project No. 4660-6X1048 RESCIND and CANCEL Board Order C.4 of July 9, 2013, approving and authorizing the execution of a prior version of the Cooperative Agreement. FISCAL IMPACT: This project is funded by 100% Various Special Revenue Funds (Road Funds, approximately $300,000, Federal Bridge Replacement Funds about 88.5%, approximately $10,000,000, and by DWR, approximately $2,000,000). BACKGROUND: The Byron Highway Bridge was initially constructed in 1965 by the Department of Water Resources in agreement with Contra APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/12/2013 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: November 12, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 12, 2013 Contra Costa County Subject:Cooperative Agreement with the State of California Department of Water Resources for Byron Highway Bridge Replacement project, Byron area. BACKGROUND: (CONT'D) Costa County (County). The 1965 agreement (County Road Modification Agreement) defined DWR as the responsible party for the structural portions of the bridge and the County as responsible party for “all other portions of such bridges, such as roadway surface of deck, curbs, sidewalks, lighting facilities, guard rails, highway markings and traffic signs.” In 1975, another agreement was signed by the County and DWR, “Consent to Common Use Agreement,” which defined an area of common use where the County roadway (Byron Highway) intersected with DWR’s Aqueduct. This area of intersection measures approximately 50 feet wide by 1200 feet long and the agreement further defines how the County and DWR interact on various operations and maintenance issues within that area. The Bridge began having structural issues in the mid 1990’s with deck cracking. In 1995, the County and DWR participated in a joint project to rehabilitate the existing bridge by providing maintenance upgrades to the structure. The County was lead agency on this federally funded project. In 2000, DWR in collaboration with the University of California at San Diego, provided a bridge rehabilitation project to address severe deflections in the bridge structure due to traffic loads. DWR paid for this project without County assistance. In early 2003, DWR led an emergency project to install improvements to the structure, including a series of supplemental supports under the bridge. Again, DWR carried the financial responsibility for this project. The 2003 work is considered temporary, so although the bridge is open to all legal loads, it has a low sufficiency rating in the California Department of Transportation (Caltrans) Bridge Inspection Program and is eligible for federal bridge replacement funds. DWR initiated a bridge replacement project in 2006 - 2007 with Caltrans, but soon discovered that a state agency was not eligible to receive federal bridge replacement funds, so they have requested that the County be the “face” of the project to make it eligible to receive federal funds through the Highway Bridge Program (HBP). The County has agreed to participate with DWR in the project to replace the structure. Caltrans is the agency that is responsible to the Federal Highway Administration (FHWA) for administering the federal-aid programs, which includes the HBP. All project submittals go through Caltrans for review and approval. On June 28, 2010, Caltrans issued an authorization document (E76) which authorized the County to begin Preliminary Engineering for the project. On November 15, 2010, the County and Caltrans executed a Program Supplement Agreement No. N055, which binds the County to certain conditions for accepting federal funds for the project. The basic concepts of the agreement between the County and DWR: 1. DWR performs the project tasks; County acts in an oversight role, except for right of way acquisition where the County takes the lead role. 2. County pays for the local share of the County’s oversight costs; DWR pays for the local share of all other project costs and the federally non-participating project costs. 3. The agreement follows the same format as the 1965 County Road Modification Agreement, which is the Cooperative Agreement format. On July 9, 2013, the Board of Supervisors approved the Cooperative Agreement. But, following that approval, DWR requested changes to the agreement, including revising the standard terms and conditions that would be attached to the agreement. These changes required Public Works Department staff and DWR staff to negotiate changes to eliminate conflicts between the terms of the Cooperative Agreement and the standard terms and conditions attached to the agreement. Public Works Department staff recommends that the Board of Supervisors approve the Cooperative Agreement, inclusive of changes that were negotiated since July 9, 2013, and that the Board authorize the Public Works Director, or her designee, to execute the agreement on behalf of the County. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the Cooperative Agreement would delay implementation of the Byron Highway Bridge Replacement project and jeopardize approximately $10 million in Federal funds that have been programmed for this project. CHILDREN'S IMPACT STATEMENT: Not appicable. ATTACHMENTS Agreement