HomeMy WebLinkAboutMINUTES - 01202009 - C.01 � sE_t
�� _- ---_.o�
To: BOARD OF SUPERVISORS .:-_-�' Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR / C OSta
x,_ nipdh 'z
DATE: January 20, 2009 County
rA coor3
SUBJECT: APPROVE a Temporary Construction Permit issued by East Bay Municipal Utility District
(EBMUD) required for the construction of the Delta DeAnza Trail Gap Closure Project, Bay Point
Area. (State Transportation Improvement Program 86%, Local Gas Tax 14%) (District V)
Co. Project No.: 0662-6R4001-08; Federal Project No.: RPSTPLE 5928 (074)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute Temporary Construction Permit
issued by East Bay Municipal Utility District(EBMUD) required for the construction of the Delta DeAnza Trail
Gap Closure Project.
AUTHORIZE the Public Works Director to arrange for payment of the $100 permit fee and reimbursement to
EBMUD for costs for inspection and related expenses incurred by EBMUD in relation to this project in accordance
with said permit.
CONTINUED ON ATTACHMENT: (]x SIGNATURE: �
RECOMMENDA TION OF COUNTYADAHNISTRA TOR RECOMMENDATION OF BOARD CO TTEE
APPROVE OTHER.
SIGNATURE(S): /�'
ACTION OF BOARD O ,2p ?dQ9 APPROVED AS RECOMMENDED OTHER
401
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:Mike Hollingsworth(313-2231)
MH:me
G:\Design\BOARD ORDERS\2009\Delta DeAnza EBMUD Permit 1-20-09.doc p ` O
ATTESTED , `�
D TWA,CLER05F THE BOARD OF SUPERVISORS
cc: County Administrator
Auditor-Controller
P.W.Accounting
P.W.Design-1.Chen
BY: ,DEPUTY
SUBJECT: APPROVE a Temporary Construction Permit issued by East Bay Municipal Utility District
(EBMUD) required for the construction of the Delta DeAnza Trail Gap Closure Project, Bay
Point Area. (State Transportation Improvement Program 86%, Local Gas Tax 14%) (District V)
DATE: January 20, 2009
PAGE: 2 of 2
FISCAL IMPACT•
There will be no impact to County General Fund. The estimated project cost is $372,000 funded by State
Transportation Improvement Program (Federal) $311,000, and Local Gas Tax.funds $61,000.
BACKGROUND AND REASONS FOR RECOMMENDATIONS:
The purpose of this project is to install pedestrian signals and crosswalk across Bailey Road where Delta DeAnza
intersects Bailey Road. Both the trail and Bailey Road are in EBMUD Mokelumne Aqueduct right of way with the
County having a road easement for Bailey Road.Thus the property owner,EBMUD,requires that the County enter
into a Temporary Construction Permit to construct the project.Furthermore as a requirement to receive the Federal
Funds, the County must obtain this permit in its name and not delegate this solely to our project contractor.
The encroachment permit provided by EBMUD requires the County to indemnify EBMUD"from and against any
and all loss, liability, expense, claims, costs, suits, and damages, including attorney's fees, arising out of
Contractor's (i.e. County's) operation or performance under this Permit„including all costs, claims, and damages
(including property and personal injury) arising out of any hazardous material or hazardous wastes (including
petroleum) on the EBMUD property caused, uncovered, released or excavated as a result of Contractor's
construction, reconstruction, maintenance, use or removal of its structure.”
The effect of this provision is to cause the County to assume liability for any claims related to hazardous materials
that could arise as a result of the County's use of the site—even if the County merely discovers,and does not cause,
the presence of hazardous materials at the site. While it would be preferable to revise the provision to eliminate the
County's liability for pre-existing hazardous substances, it is staff's opinion that the possibility of encountering
hazardous substances at this location is remote. For this reason,and because of the limited time available to obtain
the permit before the Federal Funding deadline of February 1,2009,we are recommending the permit be approved
in its present form.
CONSEQUENCES OF NEGATIVE ACTION:
Without this permit, the project cannot be constructed.