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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: July 27, 2004

Subject/Title: Approve a Resolution Approving Contract Documents for the State Route 4 Bypass Project.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving the Contract Documents for Segment 1, Bid Package No. 1, for the State Route 4 Bypass project and authorize the City Engineer or his designee, to approve future contract documents.

PREVIOUS ACTION
None

BACKGROUND
On February 28, 1989, the County of Contra Costa, the City of Antioch, and the City of Brentwood entered into a Joint Exercise of Powers Agreement (JEPA) forming the State Route 4 Bypass Authority to facilitate the local funding and construction of the State Route 4 Bypass project.

The Authority was formed for the purpose of planning and developing the State Route 4 Bypass (formerly known as the Delta Expressway), a regional highway project that runs from the State Route 4/160 interchange in Antioch to State Route 4 and Vasco Road south of Brentwood. The JEPA has been amended seven times, the last of which added the newly-incorporated City of Oakley as a party in 1999.

The approval of the plans and specifications is merely an administrative act that provides the Bypass Authority, and consequently the Cities that constitute the Authority, certain design immunities according to the Tort Claim Act. The California Tort Claims Act (Gov't Code §§ 810 et seq.) provides that a public agency may claim immunity from liability for a dangerous condition of public property inherent in the officially approved plan or design for construction or improvement of that property. (Gov't Code § 830.6.) To obtain the immunity, the agency must establish (i) a causal relationship between the project design and the accident; (ii) discretionary approval of the design prior to construction; and (iii) substantial evidence supporting the reasonableness of the approval. (Alvarez v. State of California (1999) 79 Cal. App. 4th 720, 727.). Essentially this provides a release from a potential claim associated with certain perceived design deficiencies. To date the City of Brentwood has not had any claims or litigation brought against it due to design deficiencies; however, staff certainly recommends being proactive whenever possible.

FISCAL IMPACT
There is no direct fiscal impact to the City associated with this item.

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO APPROVE THE CONTRACT DOCUMENTS FOR SEGMENT 1, BID PACKAGE NO. 1, FOR THE STATE ROUTE 4 BYPASS PROJECT AND AUTHORIZE THE CITY ENGINEER OR HIS DESIGNEE, TO APPROVE FUTURE CONTRACT DOCUMENTS.

WHEREAS, on February 28, 1989, the County of Contra Costa, the City of Antioch, and the City of Brentwood entered into a Joint Exercise of Powers Agreement (JEPA) forming the State Route 4 Bypass Authority to facilitate the local funding and construction of the State Route 4 Bypass project; and

WHEREAS, the Authority was formed for the purpose of planning and developing the State Route 4 Bypass (formerly known as the Delta Expressway); and

WHEREAS, the approval of the plans and specifications is merely an administrative act that provides the Bypass Authority, and consequently the Cities that constitute the Authority certain design immunities according to the Tort Claim Act.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the Contract Documents for Segment 1, Bid Package No. 1, for the State Route 4 Bypass project are approved.

BE IT FURTHER RESOLVED that the City Engineer or his designee, be authorized on behalf of the City Council to approve future contract documents for the State Route 4 Bypass.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of July 2004 by the following vote:
 

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