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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: June 14, 2005

Subject/Title: Adopt a Resolution to approve the execution of a Joint Exercise of Powers Agreement between the City of Brentwood and the State Route 4 Bypass Authority for the design and construction of Marsh Creek Trail under the Highway 4 Bypass Segment 3 as it crosses Marsh Creek.

Prepared by: Engineering: Linda Vargas
Parks and Recreation: Craig Bronzan

Submitted by: Engineering: Bailey Grewal

RECOMMENDATION
Adopt a Resolution approving the execution of a Joint Exercise of Powers Agreement (JEPA) between the City of Brentwood (City) and the State Route 4 Bypass Authority (Authority) outlining the financial and agency responsibilities for the design and construction of the Marsh Creek Trail crossing of the Authority’s Segment 3 right-of-way.

PREVIOUS ACTION
The City Council has approved many items regarding the construction of the State Route 4 Bypass.

BACKGROUND
The Vineyards at Marsh Creek project is conditioned to construct the Marsh Creek Trail from Concord Avenue south to Fairview Avenue near the John Marsh House. The original conditions of approval required the Vineyards to complete a temporary trail connection on Bypass property right-of-way. That work would be destroyed when the Bypass Authority constructed their bridge at a later date. The Authority is in the process of designing Segment 3 of the State Route 4 Bypass with project advertisement scheduled for the fall of 2005. Included in this segment was taking the trail under the Highway 4 Bypass as it crosses Marsh Creek. As the Bypass is expected to move forward faster than was originally expected; staff is making the recommendation to request the Bypass Authority to design and construct the permanent trail section. This trail construction work and the rest of Segment 3 the Bypass is expected to be completed by the end of 2007. If final constructed quantities or items change, the agreement may be modified to reflect those changes. The Vineyards project has agreed to pay the design and construction cost of their temporary trail section to the City.

Approval of this Resolution will authorize the Authority to move forward with design, permitting and construction of this trail section in its ultimate location, at the same time as the Authority is constructing this section of the Bypass. The Vineyards project will still construct the trail on both sides of the Bypass property to complete the trail section.

The maps included in the JEPA show the location of this section of trail. This JEPA outlines the specific duties for environmental clearance, design, construction, contract administration as well as final inspection and acceptance.

FISCAL IMPACT
The estimated cost of this project is $274,800. The Vineyards at Marsh Creek will pay the City $75,000 toward construction of this project. The City of Brentwood’s CIP Project No. 522-5212 - Trails Project, will pay the balance.

Attachments:
Resolution
JEPA with map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND THE STATE ROUTE 4 BYPASS AUTHORITY FOR THE DESIGN AND CONSTRUCTION OF THE MARSH CREEK TRAIL UNDER THE HIGHWAY 4 BYPASS SEGMENT 3 AS IT CROSSES MARSH CREEK.

WHEREAS, the Marsh Creek Trail has been designated a regional trail by the East Bay Regional Park District, connecting the Delta with Los Vaqueros Reservoir and Round Valley and has been constructed within the City limits of Brentwood through the efforts of the City of Brentwood; and

WHEREAS, the Vineyards at Marsh Creek development and the State Route 4 Bypass will complete the southern section of the trail to the John Marsh House State Park property; and

WHEREAS, cooperative agreements are necessary with the City of Brentwood to complete the trail within the City limits of Brentwood.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the execution of a Joint Exercise of Powers Agreement between the City of Brentwood and the State Route 4 Bypass Authority for the design and construction of the Marsh Creek Trail under the Highway 4 Bypass Segment 3 as it crosses Marsh Creek.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 14th day of June 2005 by the following vote:

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