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 CITY COUNCIL AGENDA ITEM NO. 09



Meeting Date: January 28, 2003

Subject/Title: Authorize the City Manager to execute a Change Order for Mark Thomas & Company for the Design Contract for Lone Tree Way Improvements from Jeffery Way to Fairview Avenue, CIP Project No. 336-3127.

Submitted by: Engineering: B. Grewal/P. Eldredge

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution authorizing the City Manager to execute a change order in the amount of $321,313.00 with Mark Thomas & Company for the Design Contract for Lone Tree Way Improvements from Jeffery Way to Fairview Avenue, CIP Project No. 336-3127, and authorize the City Manager to approve change orders up to 10% of the contract amount. 

PREVIOUS ACTION
On February 27, 2001, by Resolution No. 2246, the City Council approved the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement. The City Engineer was directed to sign contracts with the design consultants for the designated Northwest Quadrant public infrastructure and to direct those consultants to begin the design process.

On May 22, 2001, the City Council approved a Professional Consultant Services Agreement with Cordoba Consulting, Inc. for project management services for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

On February 12, 2002, by Resolution No. 2463, the City Council approved a Design, Engineering and Estimating Contract with PG&E for the Undergrounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way from Jeffery Way to Fairview Avenue.

On February 26, 2002, by Resolution No. 2474, the City Council approved a Change Order for Mark Thomas & Company for the Design Contract for Utility Undergrounding Engineering and Coordination and a Railroad Undercrossing Feasibility Study.

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.

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 Avenue 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.

On August 27, 2002, by Resolution No. 2649, the City Council executed a Contract with Pacific Gas and Electric (PG&E) for the undergrounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way between Jeffery Way and Fairview Avenue for CIP Project No. 336-3127.

On November 12, 2002, by Resolution No. 2729, the City Council approved the Agreement with the City of Antioch to provide payment of Brentwood’s portion of the Lone Tree Way Widening Project – Segment 1, between Jeffery Way and Empire Avenue, CIP Project No. 336-3127.

BACKGROUND
The Northwest Quadrant Infrastructure improvements include the phased construction of major street, sewer, water, and storm drain facilities required to serve development of the Northwest Quadrant of the City. The City hired Mark Thomas and Company in February of 2001 to prepare the design drawings and specifications, right-of-way exhibits, and other related documents for the interim widening of Lone Tree Way from Jeffery Way to Fairview Avenue. These interim improvements included widening the existing two-lane road to a four-lane road, overhead utility lines to be relocated onto like overhead facilities, a traffic signal at Shady Willow Lane and Empire Avenue, and Realigned Fairview Avenue with one set of construction documents encompassing the entire project (see Exhibit 1). Although these improvements resided in both Antioch and Brentwood, it was agreed by both cities that Brentwood would take the lead on the design and construction of the improvements.

As commercial development along the Lone Tree Way corridor gained momentum, it became apparent during the middle of the design phase that it would be prudent to construct the ultimate improvements along Lone Tree Way now (i.e., six-lane road, curb, gutter, bus turn outs, dual left turn lanes, joint trench, underground wet and dry utilities, and additional signals at Jeffery Way and Slatten Ranch – see Exhibit 1). 

In addition to expanding the scope of the roadway improvements, it was decided to split the project into two plan sets. The division of the improvement plans was to facilitate the individual schedules and funding mechanisms each respective City had in place for its portion of roadway. The City of Antioch would then construct its portion of Lone Tree Way from Jeffery Way to approximately Empire Avenue, including the intersection of Empire Avenue and Lone Tree Way (Segment 1); with the City of Brentwood being responsible to construct its portion from Empire Avenue to Fairview Avenue, including the entire joint trench (Segment 2). This change has brought about significant challenges to split the project into two constructible and completely independent plan sets while working with distinctly different specification packages as required by each City. 

The above-mentioned changes to the design work have drastically changed the scope of the project and brought on additional design costs over and above the original contract. In light of this, Mark Thomas and Company continued to work diligently on the plans to facilitate the schedules of both Cities. As an indication of this, Segment 2 of Lone Tree Way is currently under construction and Segment 1 will be starting shortly.


FISCAL IMPACT
The funds for this project are through developer funding, assessment district funds and facility fees, which are included in the existing budget as approved in this year’s Capital Improvement Program 2002/07 as part of the Northwest Quadrant, CIP Project No. 336-3127. Additionally, as part of the reimbursement agreement between the Cities of Antioch and Brentwood for the improvements to Segment 1, the City of Antioch shall reimburse Brentwood for its portion of the design.

Attachments:
Resolution
Site Map


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $321,313.00, AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT, FOR MARK THOMAS & COMPANY FOR THE DESIGN CONTRACT FOR LONE TREE WAY IMPROVEMENTS FROM JEFFERY WAY TO FAIRVIEW AVENUE, CIP PROJECT NO. 336-3127.


WHEREAS, on February 27, 2001, the City Council approved the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement; and 

WHEREAS, on May 22, 2001, the City Council approved a Professional Consultant Services Agreement with Cordoba Consulting, Inc. for project management services for the Northwest Quadrant Infrastructure; and 

WHEREAS, on February 12, 2002, the City Council approved a Design, Engineering, and Estimating Contract with PG&E for the Undergrounding of the existing 21 kV Overhead Distribution Power Line from Jeffery Way to Fairview Avenue; and

WHEREAS, on February 26, 2002, the City Council approved a Change Order for Mark Thomas & Company for the Design Contract for Utility Undergrounding Engineering and Coordination and a Railroad Undercrossing Feasibility Study; and

WHEREAS, on May 7, 2002, 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, 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, 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 Avenue Realignment; and

WHEREAS, on July 9, 2002, 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; and

WHEREAS, on August 27, 2002, the City Council executed a Contract with Pacific Gas and Electric (PG&E) for the undergrounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way between Jeffery Way and Fairview Avenue for CIP Project No. 336-3127; and

WHEREAS, on November 12, 2002, the City Council approved the Agreement with the City of Antioch to provide payment of Brentwood’s portion of the Lone Tree Way Widening Project – Segment 1, between Jeffery Way and Empire Avenue, CIP Project No. 336-3127.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Manager to execute a Change Order in the amount of $321,313.00 with Mark Thomas & Company for the Design Contract for Lone Tree Way Improvements from Jeffery Way to Fairview Avenue, CIP Project No. 336-3127. 

BE IT FURTHER RESOLVED that the City Manager is authorized to approve change orders up to 10% of the contract amount.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of January 2003 by the following vote:
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