RECOMMENDATION

Approval of a Fourth Amendment to the agreement with Anderson Brule Architects, Inc. (ABA) for consultant services related to Phase 5 of the Acoustical Treatment (ACT) Program, increasing the compensation by $125,170, from $4,193,921 to $4,319,091, and extending the term of the agreement from December 31, 2001 to June 30, 2002. CEQA: Resolution No. 67380.

BACKGROUND

On December 16, 1997, the City Council authorized execution of an agreement with Anderson Brule Architects, Inc., to provide architectural consultant services related to Phase 5 of the ACT Program. On June 9, 1998, the City Council approved the First Amendment to the agreement, increasing the maximum compensation to provide consulting services for up to an additional 60 dwellings. On May 25, 1999, the City Council approved the Second Amendment to increase the percentage of pre-construction walk-throughs in Phase 5 at no additional cost to the City. On May 15, 2001 the City Council approved the Third Amendment to extend time for completion to December 31, 2001 at no additional cost to the City.

ANALYSIS

Construction in the Phase 5 bid group was expected to be completed in Fall 2001; however, additional time is needed to allow for construction administration for post-construction acoustical testing, some additional construction work to correct code compliance conditions associated with the treatment work, and project close-out on the remaining dwellings. All dwellings in this bid group have received the acoustic treatments necessary to reduce sound levels within them. The consultant has agreed to perform the additional project close-out work and re-design work for additional compensation in an amount not to exceed $125,170.

Furthermore, some homes in Phase 5G historical bid group have not met the required noise level reduction, and the consultant needs additional time to provide re-design recommendations to ensure adequate interior noise level reduction. Phase 5G includes 24 homes in Santa Clara and San Jose.

PUBLIC OUTREACH

The schedule for post construction activities is being coordinated with each property owner.

COORDINATION

Preparation of the proposed fourth amendment has been coordinated with the Office of the City Attorney and the Risk Management Office. The schedule has been coordinated with the the Federal Aviation Administration (FAA).

COST IMPLICATIONS

An increase in total compensation payable under the agreement is required for the additional project close-out and re-design services described above. Phase 5 is funded by a combination of Airport Passenger Facility Charge (PFC) revenue and Airport Improvement Program (AIP) grants administered by the FAA. Consultant services are paid with the PFC revenue. Additional compensation required shall not exceed $125,170.00, and will be reimbursable from PFC revenue. The total amended cost of the Agreement is $4,319,091.

BUDGET REFERENCE

Fund: Airport Passenger Facility Charge Fund – 529

Amount: $3,920,000

Budget Document: 2001-2002 Adopted Capital Budget, Page 32 Item 16

CEQA

Resolution No. 67380

RALPH G. TONSETH

Director of Aviation

Airport Department