Agenda

Return

C. 4

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	March 31, 2009

Contra

Costa

County

Subject:

Approval of Amendment No. 1 to Cooperative Agreement No. 4-1885-C for the SR4 Bypass Project No.: 4660-6X4414

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/31/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Steve Kowalewski, 925-313-2225

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.
ATTESTED: March 31, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2009/111 approving and authorizing the Chair, Board of Supervisors, to execute the first amendment to the cooperative agreement among the State Route 4 Bypass Authority, State of California, County of Contra Costa, City of Antioch, City of Brentwood, and the City of Oakley, to extend the termination date and revise the indemnification articles of the agreement, effective December 30, 2008 through December 31, 2010, East County area.

FISCAL IMPACT:

None.

BACKGROUND:

In May of 2005, the State Route 4 (SR4) Bypass Authority (Authority) entered into a Cooperative Agreement No. 4-1885-C with Caltrans that outlined how Segments 1 and 3, inside and outside of the state highway right of way, would be designed and constructed, as well as financed. The agreement also includes discussion of utility encroachments and the relinquishment process for existing SR4 by the local agencies, as well as the steps required for the transfer of the Bypass roadway and right of way corridor to Caltrans.

BACKGROUND: (CONT'D)

The purpose of this Amendment No. 1 is to extend the termination date and revise the indemnification articles of the Agreement. An extension is needed because the construction of Segment 3 is expected to extend into 2009. Additionally, extra time will be required for the transfer, relinquishment and other pending right of way issues with respect to the project after the Segment 3 construction is completed. The indemnification articles (Articles 40, 41 and 42, Section III, of the original Agreement) need to be revised to reflect the current approved versions. This Amendment No. 1 to the Cooperative Agreement will extend the termination date effective December 30, 2008 through December 31, 2010.

CONSEQUENCE OF NEGATIVE ACTION: