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CITY COUNCIL AGENDA ITEM NO. 09


Meeting Date: August 13, 2002

Subject/Title: Approve a Resolution authorizing the City Manager to execute a change order with Associated Right of Way Services, Inc. in an amount not to exceed $18,000.00 for additional right of way services required due to the addition of Fairview Realignment to their scope of work for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. 

Submitted by: Engineering: B. Grewal/M. Kirby

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager to execute a contract change order with Associated Right of Way Services, Inc. in an amount not to exceed $18,000.00 and include a 20% contingency for additional right of way services required due to the addition of Fairview Realignment to their scope of work for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. 

PREVIOUS ACTION
On November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood.

On November 28, 2000, the City Council approved Resolution No. 2203 to take various actions. The actions included adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible.

On February 27, 2001, the City Council approved Resolution No. 2246 approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions.

On May 22, 2001, the City Council, by Resolution No. 2299, certified and approved the Negative Declaration and adopted the 2001/06 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years.

On May 22, 2001, the City Council authorized the City Engineer to execute a Consultant Services Agreement with Cordoba Consulting, Inc. for project management services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

On October 23, 2001, the City Council certified the general Fairview Avenue/Lone Tree realignment Environmental Impact Report (EIR) and approved a resolution adopting the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

On January 22, 2002, the City Council authorized the City Manager to sign for additional right of way services in an amount not to exceed $185,500.00 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Widening).

On February 12, 2002, the City Council, by Resolution 2464, authorized the City Manager to execute a Design, Engineering, Estimating and Project Management Contract with Pacific Gas and Electric for the under grounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way from Jeffrey Way to Fairview Avenue.

On April 23, 2002, by Resolution No. 2517, the City Council approved executing a Consultant Services Agreement for the Fiscal Year 2002/03 with Associated Right of Way Services, Inc.

On May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 6540l of the Government Code.

On May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. 

On July 9, 2002, by Resolution No. 2610, the City Council approved executing contract amendments for Professional Design and Service Agreements for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127, which included Fairview Realignment.

On July 9, 2002, by Resolution No. 2613, the City Council certified and adopted the Mitigated Negative Declaration for the Lone Tree Way Widening Project, a portion of the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

BACKGROUND
The original scope of work for right of way services on the Northwest Quadrant Project was for the widening of Lone Tree Way covering only appraisals and acquisitions of 4 homes located at the corner of Lone Tree Way and Fairview Avenue. The second scope of work consisted of appraisals and acquisitions from property owners on both sides of Lone Tree Way from Heidorn Ranch Road to Fairview Avenue. Now that the design work for the realignment of Fairview Avenue is in progress, Associated Right of Ways’ scope of work has been amended to include additional appraisals and acquisitions.

Due to the size of this project, the City will require continued contractual right of way services in addition to existing staff, to meet desired construction timeframes. Therefore, to keep the project moving forward in a consistent manner, staff is requesting the change order be approved. 

FISCAL IMPACT
Funds for the change order are budgeted within the CIP project, Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

Attachments:
Resolution
Site Map
Change Order - Associated Right of Way Scope of Work

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT CHANGE ORDER WITH ASSOCIATED RIGHT OF WAY SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $18,000.00 AND INCLUDE A 20% CONTINGENCY FOR ADDITIONAL SERVICES REQUIRED DUE TO THE ADDITION OF FAIRVIEW REALIGNMENT TO THEIR SCOPE OF WORK FOR THE NORTHWEST QUADRANT INFRASTRUCTURE, CIP PROJECT NO. 336-3127.

WHEREAS, on October 23, 2001, the City Council certified the general Fairview Avenue/Lone Tree realignment Environmental Impact Report (EIR) and approved a resolution adopting the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and 

WHEREAS, on January 22, 2002, the City Council authorized the City Manager to sign for right of way services in an amount not to exceed $185,500.00 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Widening); and

WHEREAS, on April 23, 2002, by Resolution No. 2517, the City Council approved executing a Consultant Services Agreement for the Fiscal Year 2002/03 with Associated Right of Way Services, Inc.; and

WHEREAS, on May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code; and

WHEREAS, on May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, on July 9, 2002, by Resolution No. 2610, the City Council approved executing contract amendments for Professional Design and Service Agreements for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127, which included Fairview Realignment; and

WHEREAS, continued contractual right of way services are required to meet desired construction timeframes and to keep the project moving forward in a consistent manner. 

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the City shall approve a change order in an amount not to exceed $18,000.00 and include a 20% contingency to continue to meet desired construction timeframes and keep the project moving forward in a consistent manner.

BE IT FURTHER RESOLVED that the City Manager is granted the authority to execute the change order.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of August 2002 by the following vote:

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