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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: September 11, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Professional Services Agreement with Chaudhary & Associates, Inc. for the Walnut Boulevard Widening, CIP Project No. 336-30560, in the amount of $27,186, plus a 10% contingency of $2,718.60, for a total amount of $29,904.60.

Prepared by: Anthony Salam, CIP Engineering Manager

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Professional Services Agreement with Chaudhary & Associates, Inc. for the Walnut Boulevard Widening, CIP Project No. 336-30560, in the amount of $27,186, plus a 10% contingency of $2,718.60, for a total amount of $29,904.60.

PREVIOUS ACTION
On March 28, 2006, by Resolution No. 2006-52, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for the Walnut Boulevard Widening (Utilities), CIP Project No. 336-30560, to K. J. Woods Construction, Inc. in the amount of $1,984,000, plus a 10% contingency, for a total amount of $2,182,400.

On April 10, 2007, by Resolution No. 2007-62, City Council authorized the City Manager to execute a Construction Contract and necessary documents for the Walnut Boulevard Widening – Phase II (Street), CIP Project No. 336-30560, to Top Grade Construction, Inc. in the amount of $1,794,794, plus a 10% contingency, for a total amount of $1,974,273.40.

On May 8, 2007, by Resolution No. 2007-98, City Council approved and authorized the City Manager or designee to execute Amendment No. One to the Professional Services Agreement with Chaudhary & Associates, Inc. for the Walnut Boulevard Widening, CIP Project No. 336-30560, in the amount of $30,066, plus a 10% contingency of $3,006.60, for a total amount of $33,072.60.

On June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program (“CIP”), which included the Walnut Boulevard Widening, CIP Project No. 336-30560.

BACKGROUND
On May 9, 2006, the City Manager approved the Professional Services Agreement with Chaudhary & Associates, Inc. in the amount of $41,820, to provide construction survey services for the Walnut Boulevard Widening project. A 10% contingency was added to the purchase order bringing the total to $46,002. Subsequently, the Walnut Boulevard Widening Project was advertised and bid in two separate phases; Phase I for utility relocation without federal funding and Phase II for street widening, with federal funding.

At the time we prepared Amendment No. One to this agreement, Phase I (utility relocation) work was still in progress. Phase I encountered numerous unknown, unmarked and buried obstacles and utilities. This resulted in the construction staking and surveying work having to be repeated numerous times, causing the approved contract amount and Amendment No. One to be exhausted before the completion of Phase I.

Amendment No. Two is necessary to complete surveying and staking services for the remainder of Phase II (street widening) of the project. In addition, $21,432 was included in the construction bid for Phase II to cover surveying and staking. Staff has decided not to have Top Grade Construction contract with a new surveyor to have this work done, but instead, continue with Chaudhary & Associates to retain consistency throughout both phases of work. Therefore, $21,432 of the $27,186 being requested will come from Top Grade Construction’s contract. Staff will prepare a change order reducing Top Grade Construction’s contract by this amount to accommodate the funds necessary for Amendment No. Two of Chaudhary & Associates’ agreement.

Staff is seeking City Council approval to amend the Professional Services Agreement with Chaudhary & Associates, Inc. for $27,186, plus a 10% contingency of $2,718.60, for a total amount of $29,904.60, to provide the necessary construction surveying and staking work for Phase II, which will commence as soon as Phase I is complete.

FISCAL IMPACT
The original Professional Services Agreement including both amendments brings the total contract amount to $99,072.00, plus 10% contingencies, for a total amount of $108.979.20. There are sufficient funds available in the approved 2007/08 - 2011/12 Capital Improvement Program, which includes the Walnut Boulevard Widening, CIP Project No. 336-30560, to accommodate the additional $29,904.60.

Attachments:
Resolution
Amendment No. Two

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. TWO TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHAUDHARY & ASSOCIATES, INC. FOR THE WALNUT BOULEVARD WIDENING, CIP PROJECT NO. 336-30560, IN THE AMOUNT OF $27,186, PLUS A 10% CONTINGENCY OF $2,718.60, FOR A TOTAL AMOUNT OF $29,904.60.


WHEREAS, on March 28, 2006, by Resolution No. 2006-52, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for the Walnut Boulevard Widening (Utilities), CIP Project No. 336-30560, to K. J. Woods Construction, Inc. in the amount of $1,984,000, plus a 10% contingency, for a total amount of $2,182,400; and

WHEREAS, on May 9, 2006, the City Manager approved the Professional Services Agreement with Chaudhary & Associates, Inc. in the amount of $41,820, to provide construction surveying services for the Walnut Boulevard Widening project; and

WHEREAS, on April 10, 2007, by Resolution No. 2007-62, City Council authorized the City Manager to execute a Construction Contract and necessary documents for the Walnut Boulevard Widening – Phase II (Street), CIP Project No. 336-30560, to Top Grade Construction, Inc. in the amount of $1,794,794, plus a 10% contingency, for a total amount of $1,974,273.40; and

WHEREAS, on May 8, 2007, by Resolution No. 2007-98, City Council approved and authorized the City Manager or designee to execute Amendment No. One to the Professional Services Agreement with Chaudhary & Associates, Inc. for the Walnut Boulevard Widening, CIP Project No. 336-30560, in the amount of $30,066, plus a 10% contingency of $3,006.60, for a total amount of $33,072.60; and

WHEREAS, on June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program (“CIP”), which included the Walnut Boulevard Widening, CIP Project No. 336-30560; and

WHEREAS, Phase I (utility relocation) of the project encountered numerous unknown and buried obstacles and the construction staking and surveying work had to be repeated numerous times causing the approved contract amount and Amendment No. One to be exhausted before the completion of Phase I; and

WHEREAS, Amendment No. Two is necessary to complete surveying and staking services for the remainder of Phase II (street widening) of the project; and

WHEREAS, staff is seeking City Council approval to amend the Professional Services Agreement with Chaudhary & Associates, Inc. for $27,186, plus a 10% contingency of $2,718.60, for a total of $29,904.60, to provide the necessary construction surveying and staking services for Phase II, which will commence as soon as Phase I is complete.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute Amendment No. Two to the Professional Services Agreement with Chaudhary & Associates, Inc. in the amount of $27,186, plus a 10% contingency of $2,718.60, for a total amount of $29,904.60.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 11th day of September 2007 by the following vote:
 

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