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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: October 10, 2006

Subject/Title: Adopt a Resolution authorizing the City Council to delegate to the State Route 4 Bypass Authority the authority to approve plans, specifications and project design for all segments of the State Route 4 Bypass Project on behalf of the City of Brentwood and declare that such approval by the Bypass Authority Board shall constitute approval by the City.

Prepared by: Public Works: A. Salam

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution authorizing the City Council to delegate to the State Route 4 Bypass Authority the authority to approve plans, specifications and project design for all segments of the State Route 4 Bypass Project on behalf of the City of Brentwood and declare that such approval by the Bypass Authority Board shall constitute approval by the City.

PREVIOUS ACTION
The State Route 4 Bypass Authority (“Authority”) was created by the County of Contra Costa, City of Brentwood, and City of Antioch on February 28, 1989, through a Joint Exercise of Powers Agreement (JEPA) as a public entity to perform project approval and environmental documentation (PA&ED) for the construction of a new local road, approximately 20 kilometers (12.4 miles) in length, which will serve as a SR4 Bypass. Seven amendments to the original JEPA were executed between October 23, 1990, and September 28, 1999, that extended Authority’s term to January 1, 2015, and expanded Authority’s function and role beyond PA&ED to also include design, right-of-way, construction, and route transfer activities and added the City of Oakley as a fourth party to the original JEPA.

On May 24, 2005, by Resolution No. 2005-127, City Council approved Cooperative Agreement No. 4-1885-C between the State Route 4 Bypass Authority, State of California, County of Contra Costa, City of Antioch, City of Brentwood and the City of Oakley.

BACKGROUND
The Authority, under its terms and conditions, is to develop, design and construct the SR4 Bypass from existing State Route 4 (SR4) in the City of Antioch along new alignment through the cities of Antioch, Brentwood and Contra Costa County to existing SR4 – Byron Highway.

The City of Brentwood had reserved the option of approving future segments and bid packages of State Route 4 Bypass project until all alignment decision had been made and approved by the appropriate agencies, especially for Segment 3 (Balfour Road south to existing SR4 – Byron Highway) as this stretch falls mainly within the Brentwood City limits.

Segment 2 of the SR4 Bypass (from Lone Tree Way south to Balfour Road) is already complete and open for traffic. The construction contract for Segment 1 (from existing SR4 in the City of Antioch to Lone Tree Way) was awarded by the SR4 Bypass Authority on May 12, 2005. The construction contract for Segment 3 (from Balfour Road south to existing SR4 – Byron Highway) was awarded by the SR4 Bypass Authority on September 21, 2006 to DeSilva Gates Construction L.P. for $40,228,216.
The Contra Costa County, Cities of Antioch and Oakley have all approved the delegation of authority to the State Route 4 Bypass Authority for design immunity through their respective Councils.

Now that the alignment, design, bid package, right-of-way and award have all been resolved for Segment 3 (Balfour Road south to existing SR4-Byron Highway), staff recommends the relinquishment of authority to the State Route 4 Bypass Authority to approve plans, specifications, and project design on behalf of the City hence forth. This action would help indemnify the City of Brentwood for design immunity against possible claims and/or lawsuits.

FISCAL IMPACT
None

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DELEGATING TO THE STATE ROUTE 4 BYPASS AUTHORITY THE AUTHORITY TO APPROVE PLANS, SPECIFICATIONS AND PROJECT DESIGN FOR ALL SEGMENTS OF THE STATE ROUTE 4 BYPASS PROJECT ON BEHALF OF THE CITY OF BRENTWOOD AND DECLARE THAT SUCH APPROVAL BY THE BYPASS AUTHORITY BOARD SHALL CONSTITUTE APPROVAL BY THE CITY.

WHEREAS, the State Route 4 Bypass Authority (“Authority”) was created by the County of Contra Costa, City of Brentwood, and City of Antioch on February 28, 1989, through a Joint Exercise of Powers Agreement (JEPA) as a public entity to perform project approval and environmental documentation (PA&ED) for the construction of a new local road, approximately 20 kilometers (12.4 miles) in length, which will serve as a SR4 Bypass; and

WHEREAS, seven amendments to the original JEPA were executed between October 23, 1990, and September 28, 1999, that extended Authority’s term to January 1, 2015, and expanded Authority’s function and role beyond PA&ED to also include design, right-of-way, construction, and route transfer activities and added the City of Oakley as a fourth party to the original JEPA; and

WHEREAS, it is intended that the SR4 Bypass will be adopted into the State Highway System when complete and that existing SR4 between the new SR4 Bypass connections will be relinquished to the respective local jurisdictions on the date when the SR4 Bypass is adopted except for a portion of existing SR4 that will be redesignated as SR 160; and

WHEREAS, the SR4 Bypass is defined as the four (4) following segments:

• Segment 1A (246541) is a freeway-to-freeway connector that lies entirely within existing State right-of-way on existing SR4 in the City of Antioch, east of the Hillcrest Avenue Overcrossing. Segment 1A is currently under construction by Authority pursuant to the terms and conditions of a companion Agreement, No. 4-1884 (Document No. 015848), executed on June 24, 2004; and

• Segment 1B (246551) will be a new closed access (freeway) facility connecting to existing SR4 in the City of Antioch, east of Hillcrest Avenue Overcrossing and traversing a new alignment to Lone Tree Way in the City of Brentwood (six lanes from existing SR4 to the Laurel Road Interchange and four-lanes from the Laurel Road Interchange to 650 meters north of Lone Tree Way, hence two lanes to Lone Tree Way); and

• Segment 2, from Lone Tree Way south to Balfour Road in the City of Brentwood, has already been constructed as a two-lane expressway and is open to local traffic; and

• Segment 3 (246531) is to extend from Balfour Road south to Marsh Creek Road as a two-lane Expressway, then along Marsh Creek Road (East-West Connector) as a two-lane conventional highway, connecting to existing SR4 (Byron Highway); and

WHEREAS, Authority, State and local jurisdictions of Antioch, Oakley, Brentwood and Contra Costa County have cooperated in project development of the SR4 Bypass through State providing design and construction oversight for successive segments of SR4 Bypass; and
WHEREAS, Authority is willing to fund one hundred percent (100%) of all capital outlay and staffing costs for the four segments of the SR4 Bypass as defined above, including the cost of State oversight/engineering services as discussed in Section I, Articles 23, 28, 30 and 31 of Cooperative Agreement No. 4-1885-C; and

WHEREAS, future phases of the SR4 Bypass could be funded with a combination of funds including developer fees, Measure J , state and federal funds; and

WHEREAS, the terms and conditions under which the SR4 Bypass are to be developed, designed, constructed, financed, opened to traffic, and maintained, and also outline the conditions for the opening and transfer of the SR4 Bypass and the contemporaneous relinquishment of the bypassed portions of existing SR4 (except for that portion of existing SR4 redesignated as SR160) are defined in Cooperative Agreement No. 4-1885-C; and

WHEREAS, the City Council of the City of Brentwood approved the Cooperative Agreement No. 4-1885-C between the State Route 4 Bypass Authority, State of California, County of Contra Costa, City of Antioch, City of Brentwood and the City of Oakley on the 24th day of May 2005 by Resolution No. 2005-127; and

WHEREAS, City Council decided to reserve the option of approving future segments and bid packages of the State Route 4 Bypass project to have some leverage on alignment decision of Segment 3 (Balfour Road south to existing SR4 – Byron Highway) as this stretch falls mainly within the Brentwood City limits; and

WHEREAS, the construction contract for Segment 3 (from Balfour Road south to existing SR4 – Byron Highway) was awarded by the SR4 Bypass Authority on September 21, 2006 to DeSilva Gates Construction L.P. for $40,228,216; and

WHEREAS, now that the alignment, design, bid package, right-of-way and award have all been resolved, staff recommends the relinquishment of authority to the State Route 4 Bypass Authority to approve plans, specifications, and project design on behalf of the City hence forth; and
WHEREAS, this action would help indemnify the City of Brentwood for design immunity against possible claims and/or lawsuits.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby delegate to the State Route 4 Bypass Authority the authority to approve plans, specifications and project design for all segments of the State Route 4 Bypass Project on behalf of the City of Brentwood and declare that such approval by the Bypass Authority Board shall constitute approval by the City.

PASSED APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular scheduled meeting held on the 10th day of October 2006 by the following vote:


 

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