File #: 08-0384    Version:
Type: Agenda Item Status: Approved
File created: 3/10/2008 In control: Board of Supervisors
On agenda: 4/29/2008 Final action: 4/29/2008
Title: County Counsel advising of concerns relating to funding sources pertaining to Cooperative Agreement 03-ED-50PM 0.0/2.9 (County AGMT 08-1685) with the State of California, Department of Transportation, defining the responsibilities, terms and conditions for the construction of High Occupany Vehicle (HOV) and bus lanes on US Highway 50 from Latrobe Road to the Bass Lake Grade previously approved by the Board on April 22, 2008.
Attachments: 1. Caltrans Co-op Agmt.PDF, 2. Caltrans Co-op Exhibit A.PDF, 3. Caltrans Co-op Exhibit B.PDF
Title
County Counsel advising of concerns relating to funding sources pertaining to Cooperative Agreement 03-ED-50PM 0.0/2.9 (County AGMT 08-1685) with the State of California, Department of Transportation, defining the responsibilities, terms and conditions for the construction of High Occupany Vehicle (HOV) and bus lanes on US Highway 50 from Latrobe Road to the Bass Lake Grade previously approved by the Board on April 22, 2008.
 
Body
BUDGET SUMMARY:
 
 
Total Estimated Cost
 
$ 42,360,000
 
 
 
     Funding
 
 
          Budgeted *
$  42,360,000
 
          New Funding
$
 
          Savings
$
 
          Other
$      
 
     Total Funding Available
$  42,360,000
 
Change To Net County Cost
 
$ 0
* Budgeted represents amount included in the Five Year CIP where costs will be incurred from FY 08-09 through FY 10-11
 
Fiscal Impact/Change to Net County Cost:
Funding for this project includes state bond funds of $20,000,000 from the Corridor Mobility Improvement Account (CMIA), grant funds of $5,786,483 from the Congestion Mitigation and Air Quality (CMAQ) Program, and $16,573,517 from the General Plan Highway 50 Traffic Impact Mitigation (TIM) Fee Program.
 
There is no net County cost to the General Fund associated with this agenda item.
 
Background:
Capital Improvement Program Project # 53110 is Phase 1 of a larger plan to add High Occupancy Vehicle (HOV) Lanes to US Highway 50 from El Dorado Hills to Shingle Springs. The project is being developed jointly by the County and Caltrans and includes construction of HOV lanes in the median of US 50 from west of Latrobe Road to the crest of the Bass Lake Grade west bound and to the base of the Bass Lake Grade east bound.  The project also includes extending the east bound truck climbing lane to close the gap between Latrobe Road and the base of the Bass Lake Grade. The total project cost, including engineering, plans, specifications, and estimate (PS&E), right of way, construction, and construction management, is estimated at $42,360,000.  
 
Reason for Recommendation:
The DOT is recommending approval and execution of this Cooperative Agreement with Caltrans to assist in meeting the goal of delivering Phase 1 of the US Highway 50 HOV Lane Project. This agreement defines the roles and obligations of both El Dorado County and Caltrans for the Plans, Specifications and Estimates (PS&E), Right of Way (ROW), and construction of HOV lanes on US Highway 50 from Latrobe Road to the Bass Lake Grade. A separate agreement will be processed for Phase 2 of the HOV lanes.
 
The County is the lead agency on this project and will be responsible for the Construction Administration, Inspection, Surveying, and Materials Testing. Caltrans will provide, at no cost to the County, quality assurance and cooperation in timely processing and approval of submittals for the project.
 
The El Dorado County Transportation Commission has approved an additional $2.2 million of CMAQ appropriations which cannot be included in this Cooperative Agreement with Caltrans until the CMIA Baseline Agreement (Exhibit B) is amended. The DOT will return to the Board at a later date to amend this Cooperative Agreement once the CMIA Baseline Agreement is amended.  The additional $2.2 million will provide funding for additional bridge construction work.
 
It should be noted that conditions in Section I, Item 4 of the Agreement require that the County be liable for any damage to the Clarksville Undercrossing that occurs as a result of the minimal vertical falsework clearance that will exist during construction.  The existing bridge vertical clearance does not allow for the use of conventional falsework and construction methods while maintaining the minimum vertical clearance of 15 feet.  Since the alternative methods of construction are cost prohibitive the County proposed a temporary reduced vertical falsework clearance during construction of 13 feet.  As part of the project the route will be signed to reroute truck traffic for the duration of the reduced vertical clearance at Clarksville Undercrossing (Silva Valley Parkway).  The County will provide an electronic advanced warning system for over-height vehicles, including visual and auditory warnings for the vehicle and the construction workers.  All County school and transit buses are less than 11 feet tall and all El Dorado Hills Fire trucks are less than 12 feet tall; both will continue to use the route.
 
Additionally, Section I, Item 6 provides for a $3.2M advance in funding from CMIA and CMAQ sources which represents an estimate of two months expense on the project.  The advance will be deposited into the Road Fund which will initially pay the contractor billings and subsequently be reimbursed.  
 
Pursuant to the El Dorado County Charter, Section 210b (6), the County may enter into any contract or agreement in cases where the Agreement is with or among any other governmental entities or agencies.
 
In accordance with the Feasibility Analysis, the Department is not required to notify an employee's association regarding this Agreement.
 
Action to be taken following Board approval:
 
1)      The Board Chairman will sign four (4) originals of Cooperative Agreement 03-ED-50 PM       0.0 /2.9 (County AGMT 08-1685), pending DOT Administration and County Counsel review       and approval.
 
2)      The Board Clerk will forward the four (4) originals of the executed Cooperative Agreement       to the DOT to send to Caltrans for their review, approval, and signature.
 
3)      A fully executed original Agreement will be returned to the Board Clerk for filing.
 
Contact:
Russell A. Nygaard
 
Concurrences:
County Counsel