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CITY COUNCIL AGENDA ITEM NO. 08

Meeting Date: May 13, 2003

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 $20,000.00, due to amending their scope of work for additional right of way services 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 $20,000.00, due to amending their scope of work for additional right of way services 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 $115,000.00 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

On October 23, 2001, the City Council certified the general Fairview Avenue/Lone Tree Way 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 approve 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 Way 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 Jeffery Way to Fairview Avenue.

On April 23, 2002, by Resolution No. 2517, the City Council approved executing a Consultant Services Agreement for 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 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.

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. The third scope of work consisted of appraisals and acquisitions for the realignment of Fairview Avenue.

The current scope of work will cover the addition of right of way necessary from Contra Costa Flood Control due to the design change in the widening of Lone Tree Way and relocation mandated by Federal Law of the tenant located on City property purchased from Mendoza as part of the Northwest Quadrant Project.

The City has been having discussions with Flood Control in regards to the exact preference by all parties for the cul-de-sac of the existing Fairview Avenue when the new alignment of Fairview has been completed. Until recently an agreement had not taken place in order for us to determine the acquisition necessary for cul-de-sac and the widening of Lone Tree Way. This acquisition would also be necessary for the Lone Tree Way – Union Pacific Undercrossing Project, CIP 336-3134, which is a condition for the at grade crossing of Sand Creek Road, CIP 336-3061.

When the City went into negotiations with Mr. Mendoza for the widening of Lone Tree Way it was for a strip of land across the frontage of his parcel. During negotiations Mr. Mendoza and the City agreed that the purchase of his entire parcel would benefit both parties. When the transfer of title took place Mr. Mendoza had a tenant on the property. Under Federal laws this tenant requires relocation assistance. Therefore, the City requires assistance in researching and presenting possible sites to the tenant.

Due to the size of this project and the complexity of relocation laws, 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. Staff estimates the costs for the additional services is $20,000.00, based on the attached fee schedule for appraisal and acquisition (Contra Costa Flood Control) and the budget amendment for the relocation services.

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

Attachments:
Resolution
Fee Schedule
Relocation Budget Amendment

RESOLUTION NO.

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 $20,000.00 DUE TO AMENDING THEIR SCOPE OF WORK FOR ADDITIONAL RIGHT OF WAY SERVICES FOR THE NORTHWEST QUADRANT INFRASTRUCTURE, CIP PROJECT NO. 336-3127.

WHEREAS, on November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood; and

WHEREAS, 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; and

WHEREAS, on October 23, 2001, the City Council certified the general Fairview Avenue/Lone Tree Way 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 approve 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 Way Widening); and

WHEREAS, on April 23, 2002, by Resolution No. 2517, the City Council approved executing a Consultant Services Agreement for 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 Avenue Realignment; and

WHEREAS, 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; 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 that the City Council of the City of Brentwood authorizes the City Manager to execute a change order with Associated Right of Way Services, Inc. in an amount not to exceed $20,000.00 for the Northwest Quadrant Infrastructure, (Lone Tree Way Widening), CIP Project No. 336-3127.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2003 by the following vote:

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