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TCA
TO: BOARD OF SUPERVISORS
FROM: TRANSPORTATION COMMITTEE
DATE: August 16, 1994
SUBJECT: Adoption of the Fifth Amendment to the Joint Powers Agreement of the State Route 4
Bypass, Authority for Route Adoption of the State Route 4 Bypass.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ADOPT the Fifth Amendment to the Joint Powers Agreement (JPA) of the State Route 4 Bypass
Authority for Route Adoption of the State Route 4 Bypass.
II. Financiallmpact:
This amendment will remove the cap on expenditures that was established for preparation of the
environmental document. The County's obligations will be met by previously dedicated fees
from the existing areas of benefit in East County and from revenues from the new Eastern
Contra Costa Sub-Regional Transportation Mitigation Fee (ECCTFEE) program. There are no
County general funds involved.
III. Reasons for Recommendations and Background:
The State Route 4 Bypass Authority (JPA) was established to determine the alignment for the
State Route 4 Bypass and to certify the environmental document for its adoption. The costs
were capped for that task and were split on a specific cost sharing formula.
The formation of the ECCTFEE will provide funding for improvements to-three of the regional
transportation facilities, including the SR4 Bypass. The agreement also calls for the member
agencies of the SR4 Bypass Authority to act as the project sponsors for construction of the
Bypass.
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER , Fo"SIGNATURE(S): Gayle Blshop Tom Torlakson /V
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
( UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
LT:eh AMSTED: C AXe_t A7—t. 1�,14Ry
C:BO16b.t8 PHIL BATCHE R,Clerk of the Board
of Supervisors and County Administrator
Orig. Div: Public Works (TE) B��.r►o�,�V fit,, ,DePuV
Contact: L. Tunison, Tel. 313-2382
cc: See Page 2
Adoption of the Fifth Amendment to the Joint Powers Agreement of the State Route 4 Bypass Authority
for Route Adoption of the State Route 4 Bypass.
August 16, 1994
Page 2
111. Reasons for Recommendations and Background: (Cont.)
The Fifth Amendment provides for the changes brought about by the adoption of the ECCTFEE.
The scope of work would be expanded to include activities necessary for construction of the
Bypass. The cost share formula and cap are removed to reflect the funding sources now
available. The sunset provisions are also removed to reflect the long term nature of the project.
IV. Consequences of Negative Action:
Failure to pass the amendment would preclude completion of the Environmental Impact Report
and efforts toward the completion of the State Route 4 Bypass.
cc: CAO
GMEDA
Auditor/Controller
Community Development Director
Public Works Director
Public Works Accounting
State Route 4 Bypass Authority
Mayor, City of Antioch
Mayor, City of Brentwood
ru""RAFT
FIFTH AMENDMENT TO JOINT EXERCISE
OF POWERS AGREEMENT FOR CONSTRUCTION
OF THE STATE ROUTE 4 BYPASS
1. Effective Date and Parties: Effective , 1994, the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California organized and existing
under the laws of the State of California (herein called the "County'), the CITY OF
BRENTWOOD, a municipal corporation duly organized and existing under and by
virtue of the laws of the State of California (herein called "Brentwood"), and the
CITY OF ANTIOCH, a municipal corporation duly organized and existing under and
by virtue of the laws of the State of California (herein called "Antioch"), mutually
agree as follows:
2. Purpose: The parties desire to further amend the agreement they entered into
effective February 28, 1989, entitled "JOINT EXERCISE OF POWERS AGREEMENT
FOR ROUTE ADOPTION OF THE DELTA EXPRESSWAY." The original agreement
covers the preparation and certification of an environmental document and the
adoption of a precise alignment for the Delta Expressway. The parties mutually
wish to expand the original agreement to include additional project development
activities related to financing, design, construction, and operation of the State Route
4 Bypass (also known as Delta Expressway).
3. Amendments to Original Agreement:
A. Revise the title of the agreement to reflect changes in project name and
additional project development as follows:
JOINT EXERCISE OF POWERS AGREEMENT FOR CONSTRUCTION OF THE
STATE ROUTE 4 BYPASS
B. Revise paragraph nine of Witnesseth to read as follows:
"NOW, THEREFORE, County, Brentwood, and Antioch propose to construct
the Project. The purpose of this agreement is to empower the Participants
to jointly form a separate joint powers agency for the purpose of preparing
and certifying an environmental document; preparing, identifying and
adopting a precise alignment on the preferred alignment (subject to approval
or concurrence by each of the Participants); design, construct, and operation
of the Project; participate in activities relating to funding of the Project;
protect and acquire right of way; and advocacy on behalf of the project."
C. Revise Section 1.j to read as follows:
"'Project' means the preparation and certification of an environmental
document, adoption of a precise alignment, planning, coordination, project
development/management,right of way acquisition/preservation,preliminary
and final design, surveying, construction, inspection, and operation of. (1)
the State Route 4 Bypass from the State Route 4/160 interchange in Antioch
to the northern end of the Vasco Road relocation project; and (2) the east-
west connection between the State Route 4 Bypass and existing State Route
4 south of Brentwood."
D. Revise Section 3 (Term) to read as follows:
'This agreement shall expire: January 1, 2015 and after all payments and
reimbursements are made by and to each party; or two years after
assumption of maintenance or ownership by the State. Participation by any
party to this agreement may be terminated upon thirty (30) days' written
notice to the others; provided, however, that upon execution of a contract
with any consultants, each party shall remain responsible for payment for
completion of work pursuant to the terms of the contract, notwithstanding
its termination. Notwithstanding the expiration or termination of this
agreement, the provisions of Section 13 shall remain in full force and effect
unless and until modified or terminated by mutual written consent of the
parties."
E. Revise paragraph 1 of Section 5 (Powers) to read as follows:
The Authority shall have the power to cause the certification of
environmental documents, right of way acquisition and preservation,
planning, engineering, management and construction of the Project and to
finance such Project through deposits by the Participants, and/or from
Eastern Contra Costa Transportation Regional Fee and Financing Authority,
from public/private grants,. or by private construction subject to the
conditions and restrictions contained in this Agreement.
F. Revise Section 6 (Specific Powers) to read as follows:
"SECTION 6. SPECIFIC POWERS
The Authority is hereby empowered to:
a. Prepare and develop studies and plans for a precise alignment on the
preferred alignment of the Project and Highway 4 East-West Connector.
b. Hold public hearings and provide a public forum for discussion of the
environmental document and other issues related to the Project.
c. Authorize preliminary engineering and alternative studies for a precise
alignment.
d. As lead agency, certify environmental documents on the Project.
e. Adopt a precise alignment for the Project.
f. Advocate and represent the interests of the Project.
g. Acquire and hold right of way necessary or convenient for the Project,
and may require right of way dedication as development occurs as mutually
agreed by the Participants.
h. Negotiate and enter into agreements for financing the design,
construction, and operation of the Project,subject to approval or concurrence.
by each of the Participants.
i. Serve as Project Sponsor for right of way acquisition and construction of
the State Route 4 Bypass as designated in the "Joint Exercise of Powers
Agreement By and Among The City of Antioch, The City of Brentwood, and
The City of Pittsburg, and the County of Contra Costa Relating to the East
Contra Costa Regional Fee and Financing Authority" .
j. Provide technical assistance on issues related to the Project.
k. Act as liaison with agencies responsible for issuing permits or approvals
for the Project, including participants.
1. To be responsible for engineering, including contracting with qualified
consultants, for preparation of construction plans and specifications,
surveying, and any other necessary design engineering.
m. To manage construction of the Project in accordance with plans and
specifications approved by the County, Antioch, and Brentwood and in
accordance with Caltrans standard plans and specifications.
n. Arrange for the maintenance and operation of the Project facility.
H. Revise Section 7 (Scope of Work) by adding Task 3 to read as follows:
"Task 3 - Assist in Financing, Right of Way Acquisition/Preservation, and
Construction of the Project in accordance with the JOINT EXERCISE OF
POWERS AGREEMENT BY AND AMONG THE CITY OF ANTIOCH,THE CITY
OF BRENTWOOD AND THE CITY OF PITTSBURG AND THE COUNTY OF
CONTRA COSTA RELATING TO THE EAST CONTRA COSTA REGIONAL FEE
AND FINANCING AUTHORITY
In accordance with the JEPA for the Eastern Contra Costa Regional
Transportation Fee, the AUTHORITY is designated as the project sponsor for
the Project. Project Sponsor responsibilities include: right of way acquisition
or preservation of the Project Corridor as specified in the Precise Alignment
Maps for the Project; design, construction,management and operation of the
Project; coordination with responsible agencies; and assist in financing for
the Project."
I. Revise Section 10 (Budget) to read as follows:
"A budget shall be prepared and approved annually. A five year strategic
plan shall be prepared and reviewed annually.
J. Section 11 (Cost Sharing) is deleted.
4. Effect: Except as modified by this Amendment and previous, all provisions of the
original agreement shall remain in full force and effect.
CONTRA COSTA COUNTY
a political subdivision of the State of California
By:
SOC, Chairman
Board of Supervisors
ATTEST:
Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
By:
Deputy
RECOMMENDED FOR APPROVAL:
By:
J. Michael Walford
Public Works Director
FORM APPROVED:
Victor J. Westman, County Counsel
By:
Deputy
CITY OF ANTIOCH
a municipal corporation
By:
Joel Keller, Mayor
ATTEST:
By:
Florence V. Rundall
City Clerk
APPROVED AS TO FORM:
By:
William R. Galstan
City Attorney
CITY OF BRENTWOOD
a municipal corporation
By:
William Hill, Mayor
ATTEST:
By:
Vilma R. Steuli
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
LT:MH:
c:\fee\jepa.t5
May 25, 1994