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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: June 13, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute a Consultant Services Agreement for Fiscal Year 2006/07 with Associated Right of Way Services, Inc., in an amount not to exceed $150,000, to continue utilizing their right-of-way services.

Prepared by: Public Works: M. Sullivan

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute a Consultant Services Agreement for Fiscal Year 2006/07 with Associated Right of Way Services, Inc., in an amount not to exceed $150,000, to continue utilizing their right-of-way services.

PREVIOUS ACTION
On April 26, 2005, by Resolution No. 2005-84, City Council authorized the City Manager to execute a Consultant Services Agreement for Fiscal Year 2005/06, to continue utilizing the right-of-way services of Associated Right of Way Services, Inc. in an amount not to exceed $150,000.00.

BACKGROUND
As the City is progressing through the development phase on its way to build-out, the construction of the necessary infrastructure is of the utmost importance. Over the last ten years the City has invested millions of dollars in infrastructure improvements. With the continuing commercial and residential developments, this infrastructure investment is expected to continue for many years. Acquisition of necessary right-of-way/property in a timely and professional manner is one of the major components in the infrastructure investment for timely completion of any Capital Improvement Project.

Associated Right of Way Services, Inc. (ARWS) is a full service company (appraisals, project management, negotiations, title curative, condemnation support and relocation assistance) and has been assisting staff to acquire necessary right-of-way on various large Capital Improvement Projects for several years. ARWS has proven to be very flexible to meet the needs of the City. They have assisted the City in numerous negotiations, provided appraisal work, and have been invaluable in their knowledge and expertise in the laws of relocation entitlements. Associated Right of Way Services, Inc. is currently working on some of our current CIP projects such as Lone Tree Way – Union Pacific Undercrossing and John Muir Parkway Extension. Due to their experience with federal and state funded projects, ARWS is instrumental in helping the City obtain all the necessary right-of-way approvals for grant projects. Their services become absolutely necessary when working on federal and state grant projects.

ARWS will assist staff on some of the Capital Improvement Program and developer projects approved in the 2006/07 – 2010/11 Capital Improvement Program Budget. Staff recommends the services of Associated Right of Way, Inc. be continued to keep the projects moving forward in a consistent manner. With the growth of our community and the amount of work associated with this growth, the City will require contractual right-of-way services in addition to existing staff to meet desired construction timeframes.

FISCAL IMPACT
The costs associated with right-of-way acquisitions and appraisals are funded through the individual CIP projects or developers that need assistance with right-of-way acquisitions.

Attachments:
Resolution
Agreement

RESOLUTION NO.

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT FOR FISCAL YEAR 2006/07 WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $150,000, TO CONTINUE UTILIZING THEIR RIGHT-OF-WAY SERVICES.

WHEREAS, on April 26, 2005, by Resolution No. 2005-84, City Council authorized the City Manager to execute a Consultant Services Agreement for Fiscal Year 2004/05, to continue utilizing the right-of-way services of Associated Right of Way Services, Inc. in an amount not to exceed $150,000; and

WHEREAS, a Consultant Services Agreement between the City of Brentwood and Associated Right of Ways Services, Inc. has been developed and is necessary for right-of-way services.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute a Consultant Services Agreement for the Fiscal year 2006/07 with Associated Right of Way Services, Inc. in an amount not to exceed $150,000, to continue utilizing their right-of-way-services.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of June 2006 by the following vote:
 

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