Loading...
HomeMy WebLinkAbout4.09 St Pats Way Acq ROW CITY CLERK File # D~[Q][Q]-[IJ[QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 17, 2008 SUBJECT: Amendment No. 1 to the Consulting Services Agreement with Associated Right of Way Services, Inc., for the Acquisition of Right- of- W ay for the Saint Patrick Way - Regional Street to Golden Gate Drive Project Report Prepared by: Melissa Morton, Public Works Dir~o.../ 1) Resolution approving Amendment No. 1 to the Consulting Services Agreement, together with Exhibit "A," Amendment 2) Request Letter dated May 22, 2008, from Consultant ATTACHMENTS: RECOMMENDATION: ~rt;?fAdoPt the Resolution approving Amendment No. 1 to the Consulting Services Agreement with Associated Right of Way ~ Services, Inc., to provide additional acquisition services for the Saint L.) Patrick Way - Regional Street to Golden Gate Drive Project. FINANCIAL STATEMENT: The existing agreement with Associated Right of Way Services, Inc., is paid for on a time-and-materials basis in an amount not to exceed $6, I 00. Amendment No. 1 would increase the maximum amount by $5,000 to a total of $11,100. Funding for these services is derived from the Downtown Traffic Impact Fee and voluntary traffic mitigation contributions. DESCRIPTION: The City of Dublin entered into a Consulting Services Agreement with Associated Right of Way Services, Inc. (ARlWS), on November 2, 2007, to provide Right of Way Negotiation and Acquisition Services to acquire necessary right-of-way for the Saint Patrick Way - Regional Street to Golden Gate Drive Project (Project). The City of Dublin, through ARlWS, has been negotiating with the owners of the Orchard Hardware Supply Shopping Center for right-of-way needed for the Project. However, the negotiations are currently at an impasse. Subsequently, the City Council adopted a Resolution of Necessity on May 20, 2008, to begin the condemnation process for the subject property. ------------------------------------------------------------------------------------------------------------- COpy TO: ARlWS Page 1 of2 ITEM NO. 3. q G:\CIP\Saint Patrick Way\Consultants\agst ARWS amendment I.doc As the right-of-way acquisition has entered a potentially longer and more involved process, the City's consultant, ARlWS, has requested an amendment to the Consultant Services Agreement to increase the not-to-exceed amount by $5,000. Staff concurs with this request. It is therefore recommended that the City Council adopt the Resolution approving Amendment No.1 to the Consulting Services Agreement with Associated right of Way Services, Inc., to provide additional acquisition services for the Saint Patrick Way - Regional Street to Golden Gate Drive Project. Page 2 of2 1513 RESOLUTION NO. - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT NO.1 TO THE AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR CONSULTING SERVICES FOR THE SAINT PATRICK WAY - REGIONAL STREET TO GOLDEN GATE DRIVE PROJECT WHEREAS, the need for future roadway extension between Golden Gate Drive and Regional Street is identified in the City of Dublin's General Plan to accommodate development in and around downtown Dublin, especially in the vicinity ofthe proposed West Dublin BART Station; and WHEREAS, the connection between Golden Gate Drive and Regional Street must be improved to accommodate the proposed Windstar residential development at the BART property; and WHEREAS, Associated Right of Way Services, Inc., through contract with and on behalf of the City of Dublin, has entered into negotiations with owners of the Orchard Hardware Supply Shopping Center for a portion of the parcel needed for the extension of Saint Patrick Way; and WHEREAS, the negotiations have not come to agreement, and condemnation proceedings have been initiated; and WHEREAS, the not-to-exceed amount of the Consulting Services Agreement with Associated Right of Way Services, Inc., is insufficient to extend negotiations into condemnation proceedings; and WHEREAS, the estimated not-to-exceed cost of these extended right-of-way negotIatIOn and acquisition services will be paid through Downtown Dublin Traffic Impact Fees and downtown mitigation momes; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 1 to the Agreement with Associated Right of Way Services, Inc., for consulting services, attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 17th day of June, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Mayor j+ehv11t 4, t:t c,,/ /71 og fV~ ITTICIIENT I. ATTEST: CJof3 r'\ EXIDBIT "A" OF RESOLUTION _-08 AMENDMENT NO.1 TO THE CONSULTING SERVICES AGREEMENT WITH ASSOCIA TED RIGHT OF WAY SERVICES, INC., TO PROVIDE ADDITIONAL ACQUISITION SERVICES FOR THE SAINT PATRICK WAY - REGIONAL STREET TO GOLDEN GATE DRIVE PROjECT WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Associated Right of Way Services, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on November 2,2007, to provide right-of-way negotiation and acquisition services to CITY for the Saint Patrick Way - Regional Street to Golden Gate Drive Project (Project); and WHEREAS, due to an impasse in the negotiations and additional work required to extend the negotiations and acquire the property; and WHEREAS, this additional work necessitates an amendment to the original not-to-exceed amount in order to complete the City of Dublin's Project; and WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the cost of additional work for these services; NOW, THEREFORE, the parties hereto agree as follows: Not- To-Exceed The total cost for work under this amendment shall not exceed an additional $5,000, bringing the total contract amount to $11,100. CITY OF DUBLIN: Mayor ATTEST: City Clerk Date: &,(~ { 08 G:\CIP\Saint Patrick Way\Consultants\Amendment No 1 ARWS.DOC ~ITA ..,.._ .LL_ r""'\_ _ _I _.f. 2, (.'^, r .r) ~.\'j' .(, /1 '--"" I ASSOCIATED RIGHT OF WAY SERVICES, INC. 2300 Contra Costa Blvd. Suite 525 Pleasant Hill. CA 94523 925.691.8500 phone 925.691.6505 fax MEMORANDUM WWW.i\lws.com DATE: May 22, 2008 FROM: Lee Thompson - City of Dublin ~.- Steve Castellano - AR/WS TO: PROJECT: St. Patrick Way Extension SUBJECT: Scope and Budget Amendment This is a format we use to communicate and track changes in scope of services and level of effort from those anticipated, predictable or agreed upon, when entering into the contract for services or subsequent extra work authorizations. Type of Chan~e: !81 Level of Effort !81 Scope of Services o Other The recent addition of relocation services for the tenant, Orchard Supply Hardware (aSH), and the increased level of effort involving the owners' representative Kimco Realty, has depleted our original budget. The communications with Kimco has required a number of meetings and involvement with three separate Kimco representatives. Continuing acquisition and relocation services will be needed to complete the tasks, ARMIS will also be available to support legal counsel, as needed. Bud~etary Chan~e: o No Change At This Time f.8J Additional Funds Needed o Reduction of Budget We are requesting funds in the amount of $5,000.00 to cover the services described above. Please sign your authorization below and return to my attention. Thank you. Additional Funds Authorized - City of Dublin By: Date: Title: cc: Denise Lucas $:\Dub!i"n. SI. Pairick , ITTIC.ElT Z.