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CITY COUNCIL AGENDA ITEM NO. 24


Meeting Date: April 24, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Joint Exercise of Powers Agreement between the City of Brentwood and the State Route 4 Bypass Authority for the realigned Jeffery Way.

Prepared by: Paul Eldredge, Assistant Director of Public Works/Assistant City Engineer

Submitted by: Bailey Grewal, Director of Public Works/City Engineer



RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Joint Exercise of Powers Agreement (“JEPA”) between the City of Brentwood (“City”) and the State Route 4 Bypass Authority (“Authority”) for the realigned Jeffery Way.

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 State Route 4 Bypass (“Bypass”).

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

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

Segment 2 of the Bypass (from Lone Tree Way south to Balfour Road) is 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 Authority on May 12, 2005. The construction contract for Segment 3 (from Balfour Road south to existing SR4 – Byron Highway) was awarded on September 21, 2006. Both segments are currently under construction.

The Authority is required to construct Jeffery Way as a two-lane roadway with drainage ditches to connect the Bypass to the existing Lone Tree Way and Amber Lane. The City has requested the Authority construct the ultimate improvements to Jeffery Way, including all utilities, storm drain, curb, gutter and sidewalk areas. Thus an agreement was prepared between the Authority and the City outlining the financial and agency responsibilities for the ultimate construction of the realigned Jeffery Way, as part Segment 1 of the Bypass. The Authority will be responsible for the construction of the realigned Jeffery Way and will convey a portion of Jeffery Way to the City after acceptance of Jeffery Way. The City’s responsibility includes reimbursing the Authority the sum of $657,504 to cover design, construction and construction administration for the ultimate improvements to Jeffery Way. Upon final acceptance, the City will be responsible for maintaining Jeffery Way.

Staff recommends the approval of this JEPA between the City and the Authority for the realigned Jeffery Way.

FISCAL IMPACT
$700,000 has been budgeted in the 2006/07 Capital Improvement Program, under the Jeffery Way Realignment/Widening, CIP Project No. 336-31530.

Attachments:
Resolution
Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT (“JEPA”) BETWEEN THE CITY OF BRENTWOOD (“CITY”) AND THE STATE ROUTE 4 BYPASS AUTHORITY (“AUTHORITY”) FOR THE REALIGNED JEFFERY WAY.

WHEREAS, the Authority was created by the County of Contra Costa, City of Brentwood, and City of Antioch on February 28, 1989, through a 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 State Route 4 Bypass (“Bypass”); and

WHEREAS, seven amendments to the original JEPA were executed between October 23, 1990, and September 28, 1999, that extended the Authority’s term to January 1, 2015, and expanded the 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, the Authority, under its terms and conditions, is to develop, design and construct the Bypass from existing State Route 4 (“SR4”), in the City of Antioch, along a new alignment through the cities of Antioch, Brentwood and Contra Costa County to existing SR4 – Byron Highway; and

WHEREAS, Segment 2 of the Bypass (from Lone Tree Way south to Balfour Road) is complete and open for traffic; and

WHEREAS, the construction contract for Segment 1 (from existing SR4 in the City of Antioch to Lone Tree Way) was awarded by the Authority on May 12, 2005. The construction contract for Segment 3 (from Balfour Road south to existing SR4 – Byron Highway) was awarded on September 21, 2006; and

WHEREAS, this Agreement between the Authority and the City outlines the financial and agency responsibilities for the construction of Jeffery Way as a part of Segment 1 of the Bypass.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute a Joint Exercise of Powers Agreement (JEPA) between the City of Brentwood (“City”) and the State Route 4 Bypass Authority (“Authority”) for the realigned Jeffery Way.

PASSED APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular scheduled meeting held on the 24th day of April 2007 by the following vote:

 

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