RESOLUTION NO. -2023
RESOLUTION APPROVING CONTRACT AMENDMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL COUNSEL IN FILING OF EMINENT DOMAIN PROCEEDINGS FOR RECONSTRUCTION OF THE CITY’S RAW WATER LINE, INCREASING THE AMOUNT BY $15,000, NOT TO EXCEED $60,000 AND APPROVING BUDGET AMENDMENT 2023/24-07 (ACCOUNT NO. 651-6007-0310) WHEREAS, on June 26, 2023, the City of Fort Bragg (“City”) approved Resolution No. 4695-2023 that public interest and necessity require the acquisition of permanent easements for the construction of the raw water line and directed the filing of eminent domain proceedings; and WHEREAS, Section 4 of Resolution 4695-2023 authorized Burke, Williams & Sorensen LLP, under the direction of the City Attorney, to prepare such proceedings; and WHEREAS, the City entered into a professional services agreement with Burke, Williams & Sorensen LLP, in the amount of $25,000 on January 18, 2023; and WHEREAS, on September 11, 2023, the City Council authorized amendment number one (1), in the amount of $20,000; and WHEREAS, the cost of processing the Eminent Domain proceedings has now exceeded the $45,000 contract amount; and WHEREAS, the cost of these additional services is estimated to be $15,000, bringing the total Not to Exceed Amount to $60,000; and WHEREAS, per Fort Bragg Municipal Code Section 3.20.050, the City Manager’s signing authority for change orders may not exceed 10% of the approved contract cost; and WHEREAS, Budget Amendment 23/24-07 is necessary to ensure sufficient funds to cover the cost of the amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fort Bragg does hereby approve Amendment Number Two (2) to the Professional Services Agreement with Burke, Williams & Sorensen LLP, and authorizes the City Manager to execute the same (total amount of contract not to exceed $60,000) and approve Budget Amendment 2023/24-07, (Account 651-6007-0310).
The above and foregoing Resolution was introduced by Councilmember , seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Fort Bragg held on the 10th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
BERNIE NORVELL
Mayor
ATTEST:
Cristal Muñoz
Acting City Clerk
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