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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: August 12, 2003

Subject/Title: Authorize the City Manager to execute change orders with Mark Thomas & Company in the amount of $82,000, to include a 10% change order contingency, and with Bellecci & Associates, Inc., in the amount of $103,411, to include a 10% change order contingency, for portions of the Northwest Quadrant Infrastructure Project, 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 orders with Mark Thomas & Company in the amount of $82,000, to include a 10% change order contingency, for Lone Tree Way Widening, and with Bellecci & Associates, Inc. in the amount of $103,411, to include a 10% change order contingency, for Fairview Avenue Realignment, portions of the Northwest Quadrant Infrastructure Project, CIP Project No. 336-3127.

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 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.

On January 28, 2003, the City Council authorized the City Manger to execute a second change order with Mark Thomas & Company in the amount of $321,313.00 for the Design Contract for Lone Tree Way Improvements from Jeffery Way to Fairview Avenue.

On May 27, 2003, by Resolution No. 2868, the City Council adopted the City’s 2003/04 -2007/08 Capital Improvement Program that included the Northwest Quadrant Infrastructure, 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. 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.

Mark Thomas and Company’s design contract has been amended twice since the initial agreement was signed to include the design of the joint trench which would allow for the ultimate improvements; and second to increase the design amount to accommodate the substantial changes that occurred during the preparation of the projects plans and specifications. This third and final modification was anticipated during the last request for contract change order in January of this year, however, the exact amount of the change had yet to be determined as the details were being evaluated. Mark Thomas and Company had been diligent in their work and had been holding these costs for some time, therefore, the City felt it was prudent to execute a contract change order to pay the known amount and execute another contract change order when the remaining costs were agreed upon.

The $82,000 requested for Mark Thomas is comprised of $10,000 for the joint trench designer who has made many revisions to the plans to accommodate unforeseen obstacles and circumstances discovered in the field, $50,000 to Mark Thomas to cover design modifications, submittals and RFI reviews and for project close out assistance (As-builts, etc.). During construction the City of Antioch requested modifications to the intersection of Lone Tree Way and Empire Avenue to accommodate updated traffic study results. This equated to a $22,000 design change.

Bellecci and Associates was hired to design the Fairview Avenue realignment to facilitate the Lone Tree Way and Railroad grade separation, as well as many of the master planned storm drain facilities in the area including the detention basin on the east side of Fairview Avenue. Throughout the course of the design and into construction there has been many modification made to the plans to accommodate unforeseen obstacles, address the comments of outside agencies (PG&E and County Flood Control) and to address the safety concerns of the existing residents.

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 and Bellecci & Associates, Inc. continued to work diligently on the plans to facilitate the schedules of both Cities. As an indication of this, Segment’s 1 and 2 of Lone Tree Way and the Fairview Avenue realignment are scheduled to be completed early this fall.

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 2003/08 as part of the Northwest Quadrant, CIP Project No. 336-3127.

The $82,000 for Mark Thomas will be split proportionally with the City of Antioch pursuant to the reimbursement agreement between the Cities of Antioch and Brentwood.

The $103,411 for Bellecci and Associates is a cost to Brentwood, however, the Contra Costa County Flood Control District reimburses and allowance for design and the City and Flood Control are currently negotiating a reimbursement agreement for the master planned storm drain facilities installed by the City. This shall offset some of this cost to this project.

Attachments:
Resolution
Site Map
Change Order Request Letters

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDERS WITH MARK THOMAS & CO., IN THE AMOUNT OF $82,000, TO INCLUDE A 10% CHANGE ORDER CONTINGENCY, FOR LONE TREE WAY WIDENING, AND WITH BELLECCI & ASSOCIATES, INC., IN THE AMOUNT OF $103,411, TO INCLUDE A 10% CHANGE ORDER CONTINGENCY, FOR FAIRVIEW AVENUE REALIGNMENT, PORTIONS OF THE NORTHWEST QUADRANT INFRASTRUCTURE PROJECT, CIP PROJECT NO. 336-3127.


WHEREAS, 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; 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, CIP Project No. 336-3127; and

WHEREAS, 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; and

WHEREAS, 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; 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, 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; and

WHEREAS, 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; and

WHEREAS, on January 28, 2003, the City Council authorized the City Manger to execute a second change order with Mark Thomas & Company in the amount of $321,313.00 for the Design Contract for Lone Tree Way Improvements from Jeffery Way to Fairview Avenue; and

WHEREAS, on May 27, 2003, by Resolution No. 2868, the City Council adopted the City’s 2003/04 -2007/08 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, in order to continue with the design efforts and to ensure project milestones are met, staff requests change orders with Mark Thomas & Co., and Bellecci & Associates, Inc.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Manager to execute a Change Order with Mark Thomas & Co., Inc. in the amount of $82,000, to include a 10% change order contingency; and Bellecci & Associates, Inc. in the amount of $103,411, to include a 10% change order contingency.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of August 2003 by the following vote:
 

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