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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: April 13, 2004

Subject/Title: Amend the Budget Sheet for the Lone Tree Way Widening Segments 1 and 2, CIP Project No. 336-3127.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution amending the Budget Sheet as attached for the Lone Tree Way Widening - Segments 1 and 2, CIP Project No. 336-3127.

PREVIOUS ACTION
On February 27, 2001, by Resolution No. 2246, 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, 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, City Council approved a Design, Engineering and Estimating Contract with Pacific Gas and Electric (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, 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, 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, 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, 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, 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 September 24, 2002, by Resolution No. 2678, City Council approved the Agreement with Brentwood Partners, LLC., to provide reimbursement for a portion of the Lone Tree Way Widening Project – Segment 2, between Empire Avenue and Fairview Avenue, CIP Project 336-3127.

On November 12, 2002, by Resolution No. 2729, 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, by Resolution No. 2780, City Council authorized the City Manger to execute a second change order with Mark Thomas & Company in the amount of $321,313, for the Design Contract for Lone Tree Way Improvements from Jeffery Way to Fairview Avenue.

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

On August 12, 2003, by Resolution No. 2946, City Council authorized the City Manager to execute a change order with Mark Thomas & Company for the Lone Tree Way Widening, and with Bellecci & Associates for the Fairview Avenue Realignment, portions of the Northwest Quadrant Infrastructure Project, CIP Project No. 336-3127.

BACKGROUND
The Lone Tree Way Segments 1 and 2 improvements (formerly known as the Northwest Quadrant 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 Council approved the reimbursement agreement with the Brentwood Partners, LLC., on September 24, 2002, for the construction of the Segment 2 improvements and subsequently approved the reimbursement agreement with the City Antioch on November 12, 2002 for the construction of the Segment 1 improvements. To accommodate the schedule of both Brentwood and Antioch, as well as the utility companies, the plans for the project were put out to bid prior to the completion of all joint trench plans for Lone Tree Way and the realigned Fairview Avenue, and prior to the City of Brentwood finalizing negotiations with La Paloma High School for permanent safe access to the school. Based upon these items alone it would have been difficult to specifically reference a percentage or dollar amount for change orders since the cost for these items of work would be determined after the contract and purchase orders had been executed. Therefore, the original purchase order submitted to the Finance Department did not include any funds for change orders as they were to be paid actual costs pursuant to the reimbursement agreement.

City staff always intended on amending the CIP Budget to reflect the actual cost of the project for both of the segments. However, it was determined that it would be prudent to wait until the project was closer to completion to modify the budget to reflect the actual cost of the change orders and ensure no other change orders would be required. The increase in right-of-way costs were mainly due to the City agreeing to acquire the entire parcel from some property owners even though all of their property was not necessary for the widening of Lone Tree Way. This was primarily due to the fact that the property owner would be left with a remaining parcel too small to relocate a residence on or develop individually. Additionally, the design scope of work was modified from a four (4) lane road with interim utility work to an ultimate six (6) lane facility with the overhead utilities relocated underground and two separate bid sets prepared (Segments 1 and 2).

The design for Heidorn Ranch Road was included in the Northwest Quadrant CIP Project as were several other improvements, including Lone Tree Way. As these projects gained momentum, individual CIP projects were established for these improvements such as Lone Tree Way, Shady Willow Lane and Empire Avenue to name a few. However, the design for Heidorn Ranch Road remained a part of the Lone Tree Way Widening Project as the design contract and purchase order referenced the old Northwest Quadrant, CIP Project No. 336-3127, which the Lone Tree Way Widening project then assumed. Therefore, the design amount of $669,000 for Heidorn Ranch Road is still included in this project number as a matter of housekeeping. The improvements to Heidorn Ranch Road will be completed by the adjacent developer; therefore, a CIP Project sheet exists for these improvements under the developer section.

FISCAL IMPACT
Funding for this project is comprised of developer contributions, assessment district proceeds, reimbursements from the City of Antioch as well as proceeds from the sale of excess property purchased in conjunction with the project. A comparison of the previous budget with the amended budget is depicted below as well as a summary of the funding:

Description Existing Amended Difference
Legal $110,000 $50,000 ($60,000)
Planning & Design $1,400,000 $2,688,161 $1,288,161
Construction $8,895,838 $13,779,604 $4,883,766
Project Admin. $925,000 $325,000 ($600,000)
Right-of-Way $4,300,000 $4,596,476 $296,476
Totals = $15,630,838 $21,439,241 $5,808,403

Funding
Developer Contributions $7,577,488
Assessment District Proceeds $2,382,808
Reimbursements $1,533,931
Water Facility Fees $1,034,609
Sewer Facility Fees $ 284,430
Roadway Facility Fees $8,625,975
Total = $21,439,241

It is important to note that the $4,883,766 in additional construction costs also includes the City of Brentwood’s reimbursement of $3,278,610 to the Bypass Authority for the portion of Lone Tree Way they constructed in front of the Arcadia / Donohue Schreiber project and adjacent to the new Bypass. However, the majority of this reimbursement to the Bypass was funded by the Arcadia Development (now Home Depot / Donohue Schreiber) as a part of that project’s share.

The funding for this project other than facility fees as depicted above include but is not limited to adjacent developments frontage obligations, reimbursement for utility extensions for adjacent properties, design and joint trench reimbursement from the City of Antioch and proceeds from the sale of excess property. Facility fees make up the remaining funding and are comprised of water, sewer and roadway proceeds for those respective improvements.

Attachments:
Resolution
Site Map
Amended CIP Budget

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO AMEND THE BUDGET SHEET AS ATTACHED FOR THE LONE TREE WAY WIDENING - SEGMENTS 1 AND 2, CIP PROJECT NO. 336-3127.

WHEREAS, on July 9, 2002, by Resolution No. 2613, 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 September 24, 2002, by Resolution No. 2678, City Council approved the Agreement with Brentwood Partners, LLC., to provide reimbursement for a portion of the Lone Tree Way Widening Project – Segment 2, between Empire Avenue and Fairview Avenue, CIP Project 336-3127; and

WHEREAS, on November 12, 2002, by Resolution No. 2729, 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, the original purchase order submitted to the Finance Department did not include any funds for change orders as they were to be paid actual costs pursuant to the reimbursement agreement; and

WHEREAS, City staff always intended on amending the CIP Budget to reflect the actual cost of the project for both of the segments. However, it was determined that it would be prudent to wait until the project was closer to completion to modify the budget to reflect the actual cost of the change orders and ensure no other change orders would be required.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby authorize the City Manager to amend the Budget Sheet as attached for the Lone Tree Way Widening - Segments 1 and 2, 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 April 2004 by the following vote:
 

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