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 CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: March 22, 2005

Subject/Title: Adopt a Resolution authorizing the City Manager to execute a Contract Change Order with Associated Right of Way Services, Inc. for $20,000, plus a 10% contingency for the Walnut Boulevard Widening, CIP Project No. 336-3056.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract change order with Associated Right of Way Services, Inc. for $20,000 plus a 10% contingency for the Walnut Boulevard Widening, CIP Project No. 336-3056.

PREVIOUS ACTION
On May 26, 1998, City Council approved an updated Master Agreement, Administering Agency-State Agreement for Federal Aid Projects, 04-5300.

On June 27, 2000, City Council authorized the City Manager to sign a design contract with Harris & Associates for the design of Walnut Boulevard Widening, CIP Project No. 336-3056, from Balfour Road to Oak Street.

On March 13, 2001, City Council authorized the City Manager to execute a Program Supplement Agreement No. 002-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of costs for preliminary engineering for the Walnut Boulevard Widening, CIP Project No. 336-3056.

On January 13, 2004, by Resolution No. 2004-11, City Council authorized the City Manager to execute a contract change order with Associated Right of Way Services, Inc. for $54,000 and approve change orders up to 10% of the contract amount for the Walnut Boulevard Widening, CIP Project No. 336-3056.

On April 13, 2004, by Resolution No. 2004-69, City Council approved authorizing the City Manager to execute a Consultant Services Agreement for Fiscal Year 2004/05 with Associated Right of Way Services Inc., to continue utilizing their right-of-way services.

On May 18, 2004, by Resolution No. 04-31, Planning Commission approved the Negative Declaration and determined that the 2004/05 – 2008/09 Capital Improvement Program was consistent with the adopted Brentwood General Plan.

On May 25, 2004, by Resolution No. 2004-113, City Council adopted the 2004/05 – 2008/09 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-3056.

BACKGROUND
The City of Brentwood was awarded federal funding for the Walnut Boulevard Widening Project, CIP Project No. 336-3056 commencing with the 1997/98 fiscal year. In 1999, the City was authorized to proceed with preliminary engineering, including environmental certification from Caltrans. Several buildings in the middle of the project area were determined to be fifty years of age or older and the project went through a lengthy historic property review by the State Historic Preservation Office. This historic property review delayed project design, and in March 2001 Caltrans agreed the City could shift funding from the Walnut Boulevard Widening Project to the Brentwood Boulevard Widening Project (CIP Project No. 336-3054). The City has received reimbursement for preliminary engineering work, and therefore the project remains a Federal Aid Project.

The City continued to work on the project design until late 2001, bringing the plans up to 65% complete, but had to stop work until the City obtained environmental clearances and approval from Caltrans to proceed with appraisals and right-of-way acquisitions, which was obtained from Caltrans on September 12, 2003. Since then, the City has actively pursued the necessary property acquisitions and has reviewed the project design and specifications to reaffirm the status of the overall project. Because the project was put on hold for nearly two years, budgets for both the design and right-of-way issues needed to be increased due to inflationary costs, increased labor rates due to cost of living adjustments and inefficiencies related to the long delay.

The initial contract for Associated Right of Way Services, Inc. (ARWS) was for $30,000, processed in August 2000. In March 2001, the City stopped all work on right-of-way when the project was postponed. Although Associate Right of Way Services performed some preliminary work during the initial start-up of this project, all previous work was outdated and could not be used in any current negotiations. Therefore, City Council approved a change order on January 2004 for an additional $54,000, plus a 10% contingency. The current balance of this purchase order is approximately $2,263.75 and it has been estimated that an additional $20,000 plus a 10% contingency will be needed to complete the work for a total revised contract price of $112,400 plus a 10% contingency on the contract amount. The increase in the budget is due to unknown factors such as design changes, a property owner out of the Country, extensive search for a property owner or his heirs that could not be located, which precipitates possible assistance in condemnation proceedings. This increase includes continual attendance at necessary project meetings, ongoing coordination with Caltrans and Contra Costa County, negotiations with property owners and other documents as deemed necessary, all in accordance with state and federal rules and regulations to remain consistent with the federal aid guidelines.

FISCAL IMPACT
The funds for this work are paid for through federal funding ($190,000) and facility fees, which are included in the existing budget as approved by our current Capital Improvement Program 2004/05 – 2008/09.

The current project budget will cover the additional right-of-way costs associated with this request.

Attachments:
Resolution
Site Map

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. FOR $20,000, PLUS A 10% CONTINGENCY FOR THE WALNUT BOULEVARD WIDENING, CIP PROJECT NO. 336-3056.

WHEREAS, on May 26, 1998, City Council approved an updated Master Agreement, Administering Agency-State Agreement for Federal Aid Projects, 04-5300; and

WHEREAS, on June 27, 2000, City Council authorized the City Manager to sign a design contract with Harris & Associates for the design of Walnut Boulevard Widening, CIP Project No. 336-3056, from Balfour Road to Oak Street; and

WHEREAS, on March 13, 2001, City Council authorized the City Manager to execute a Program Supplement Agreement No. 002-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of costs for preliminary engineering for the Walnut Boulevard Widening, CIP Project No. 336-3056; and

WHEREAS, on January 13, 2004, by Resolution No. 2004-11, City Council authorized the City Manager to execute a contract change order with Associated Right of Way Services, Inc. for $54,000, and approved change orders up to 10% of the contract amount for the Walnut Boulevard Widening, CIP Project No. 336-3056; and

WHEREAS, on April 13, 2004, by Resolution No. 2004-69, City Council approved authorizing the City Manager to execute a Consultant Services Agreement for Fiscal Year 2004/05 with Associated Right of Way Services Inc., to continue utilizing their right-of-way services; and

WHEREAS, on May 18, 2004, by Resolution No. 04-31, Planning Commission approved the Negative Declaration and determined that the 2004/05 – 2008/09 Capital Improvement Program was consistent with the adopted Brentwood General Plan; and

WHEREAS, on May 25, 2004, by Resolution No. 2004-113, City Council adopted the 2004/05 – 2008/09 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-3056; and

WHEREAS, during the preliminary design and environmental review process, it was discovered that several buildings in the middle of the project area were fifty years old or older and the project had to go through a lengthy historic property review by the State Historic Preservation Office; and

WHEREAS, this historic property review delayed project design and property acquisition and in March 2001 Caltrans agreed that the City could shift funding from the Walnut Boulevard Widening Project to the Brentwood Boulevard Widening Project (CIP Project No. 336-3054) but agreed to reimburse the City for all eligible preliminary engineering costs; and

WHEREAS, the City stopped work on the project until all environmental clearances were completed; and

WHEREAS, on September 12, 2003, Caltrans authorized the City to proceed with appraisals and right-of-way acquisitions; and

WHEREAS, all previous work preformed earlier was outdated and could not be used in any current negotiations; therefore, a change order was approved; and

WHEREAS, unknown factors such as design changes, a property owner out of the Country, extensive search for a property owner or his heirs that could not be located, which precipitates possible assistance in condemnation proceedings and continual attendance at necessary project meetings, ongoing coordination with Caltrans and Contra Costa County, negotiations with property owners and other documents as deemed necessary, all in accordance with state and federal rules and regulations to remain consistent with the federal aid guidelines.

NOW, THEREFORE BE IT RESOLVED that the City Manager be authorized to execute a contract change order with Associated Right of Way Services, Inc. for $20,000, plus a10% contingency for the Walnut Boulevard Widening, CIP Project No. 336-3056.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of March 2005 by the following vote:

 

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