HomeMy WebLinkAboutMINUTES - 05201997 - C1 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: May 20, 1997
SUBJECT: Sixth Amendment to the Joint Powers Agreement for the State Route 4 Bypass Authority.
Project Number: 4660-6X4409
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Sixth Amendment to the Joint Powers Agreement for the State Route Bypass
Authority
II. Financial Impact:
None. The Bypass is funded by development fees.
III. Reasons for Recommendations and Background:
The Sixth Amendment clarifies the State Route 4 Bypass Authority's role for the upcoming
construction of projects for the Bypass. The agreement now provides that the Bypass Authority
can acquire and hold right of way for the Project. This amendment provides for the acquisition
through the use of eminent domain The amendment also clarifies the obligation of the
participants relative to right of way previously acquired for the project.
The amendment also clarifies powers related to the advertising and award of construction
contracts. The amendment further provides the Authority with the power to enter into agreements
providing for the eventual relinquishment of the Bypass to the State.
IV. Consequences of Negative Action:
A negative action of the Board would not amend the JPA providing the opportunity for significant
complications in acquiring right of way for the project.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON .2U "57 7 APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
LT:rs
g:\transeng\B097te\sixamend.wpd 1 tamb►at*fret thIs is a eve and camel am of
to agdo taken and entered on the minum d-M
�d at gypetvtsota an the date shown.
Orig. Div: Public Works(Transportation Engineering) u 0 .t
Contact: Lowell Tunison, 313-2382 Prin.en 0R,CIA of thetioatd
cc: State Route 4 Bypass Authority 4 die
City of Antioch o
City of Brentwood
Public Works Accounting
i
P.
SIPH AMENDMENT TO JOINT EXERRE C I
OF POWERS AGREEMENT FOR CONSTRUCTION
OF THE STATE ROUTE 4 BYPASS
1. Effective Date and Parties: Effective , 1997, 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. Pur ose: The parties desire to further amend the agreement they entered into effective
February 28, 1989, originally entitled "JOINT EXERCISE OF POWERS AGREEMENT
FOR ROUTE ADOPTION OF THE DELTA EXPRESSWAY." The original agreement has
previously been amended as follows: First Amendment dated October 23, 1990; Second
Amendment dated May 28, 1991; Third Amendment dated August 25, 1992; Fourth
Amendment dated April 30,1993; and Fifth-Amendment dated September 27, 1994. The
parties mutually wish to expand the original agreement to include the power of eminent
domain, transfer of project right of way from the Participants to the Authority, and the
transfer of the StateRoute 4.Bypass to the State of California.
3. Amendments to the Agreement:
A. Revise item g in Section 6 to read as follows:
g. Acquire real property, and improvements and right of way by the power of
eminent domain or any other lawful means, including dedication to the
Participants or Authority, as necessary or convenient for construction of the
Project. Whenever any right of way acquired by a Participant is required for
construction of the Project, the Authority Board may request the transfer to
the Authority of such right of way, which shall be done by the Participant
promptly and at no cost to the Authority.
B, Revise item m in Section 6 to read as follows:
M. To advertise, award contracts and manage the construction of the Project
in accordance with plans and specifications approved by the County,
Antioch.and Brentwood and in general accordance with Caltrans standard
plans and specifications.
C. Add item p to Section.6 to read as follows:
P. Enter into agreements with Caltrans or any other authorized agency of the
State of California provide for state route adoption.
4. Effect: Except as modified by this Amendment and previous amendments, all provisions
of the original agreement shall remain in full force and effect.
1
CONTRA COSTA COUNTY
a political subdivision of the State of California
Mark DeSaulnier,,Chairmari
Board of Supervisors
ATTEST: F97
Phil Batchelor,`Clerk of the Board
of Supervisors and County Administrator
By: j
eputy
RECOMMENDED FOR APPROVAL
B
J. Michael W fond
Public.Works Director
FORM APPROVED:
Victor J. Westman, County Counsel
Deputy
CITY OF ANTIOCH
a municipal corporation
By: leavla 146, CECA,
Mary : ocha, Mayor
ATTEST:
By:
Florence V. Runda
City Clerk
APPROVED AS TO FORM:
By:
William R. Galstan
City Attorney
2
CITY OF BRENTWOOD
a municip. co;poration
By:
Jo orri , Mayor
ATTEST-
By: "144-
Donna
Rogers, Ci#, C rk
APPROVED TO RM:
By:
City Attorney
LT/eh
g:\transeng\97temps\6thamend.wpd
3