RESOLUTION NO. -2024
RESOLUTION OF THE FORT BRAGG CITY COUNCIL 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 AND APPROVING BUDGET AMENDMENT 2023/24-15 (AMOUNT NOT TO EXCEED $80,000) WHEREAS, on June 26, 2023, the City of Fort Bragg (“City”) approved Resolution No. 4695-2023 that public interest and necessity require 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, on October 10, 2023 the City Council authorized amendment number two (2), in the amount of $15,000 and approved budget amendment 23/24-07; and WHEREAS, the cost of processing the Eminent Domain proceedings has now exceeded the $60,000 contract amount; and WHEREAS, the cost of these additional services are estimated to be $20,000, bringing the total Not to Exceed Amount to $80,000; 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 2023/24-15 is necessary to ensure sufficient funds to cover the cost of the admendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fort Bragg does hereby approve Amendment Number Three (3) 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 $80,000) and approve Budget Amendment 2023/24-15.
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 22nd day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
BERNIE NORVELL
Mayor
ATTEST:
ATTEST:
Diana Sanchez
City Clerk
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