,trVY OF BELLF� p
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 386.6, in a form DATE:
approved by the City Attorney, with Duane Morita Planning & Environmental ("DMPE"), to extend the term for three years and provide compensation for general and on-call planning and environmental consulting services.
a
January 12, 2023
EXECUTIVE SUMMARY
Duane Morita Planning &Environmental ("DMPE") has been providing the City with general planning and environmental consulting services. Amendment No. 1 to Agreement File No. 386.6 will maintain the services provided by DMPE for an additional three years and increase the hourly rate and total compensation of a not -to -exceed amount of $248,000 for the three-year term.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 1 to Agreement File No. 386.6, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The Agreement will not, exceed $248,000 (for athree-year period) for general planning and environmental consulting services, under Contract Services Account No. 010-42054- 4100.
DISCUSSION
Mr. Duane Morita, Sole Proprietor of DMPE, has over 42 years of planning and environmental experience and has worked with 20 cities and counties throughout his professional career. Since 2004, Mr. Morita has successfully provided critical professional planning and environmental services for the City of Bellflower.
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Staff Report — Amendment No.
DMPE Consulting Services
January 12, 2023
DISCUSSION —Continued
1 to Agreement File No. 386.6
Those services include the preparation and review of environmental clearance and analysis documents for development projects, as well as City projects, as required by local, state, and federal laws. The current Agreement with DMPE expired on January 10, 2023. Amendment No. 1 would extend the term for an additional three years, increase the hourly rate from $125 to $160, and adjust the total compensation from $195,000 to $248,000 for the three-year term. DMPE's current hourly rate of $125 has not been adjusted since 2017. The proposed hourly rate of $160 is consistent and comparable with other planning and environmental consultant's rates.
Mr. Morita has provided the aforementioned services to the City and has been instrumental to several projects over the last three years, most notably the 6t" Cycle 2021-2029 Housing Element Update, The Edgeway project, the Butterfly Garden project, Kaiser Permanente's Oncology and Radiology Building project, and the award of the SB2 and LEAP grants. In addition, Mr. Morita has been and will continue to provide consultant services for the environmental review of the Bellflower Youth and Senior Center and the Stormwater Capture projects at Simms Park. Amendment No. 1 would allow DMPE to continue providing exceptional planning and environmental consulting services to the C ity.
ATTACHMENT
Amendment No. 1 to Agreement File No. 386.6 ...................................................3 —2—
AMENDMENT NO. 1 TO
AGREEMENT FILE NO. 386.6 BETWEEN
THE CITY OF BELLFLOWER AND
DUANE MORITA PLANNING & ENVIRONMENTAL
FOR PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
THIS AMENDMENT No. 1 ("Amendment") is made and entered into this I day of January 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation ("City"), and DUANE MORITA PLANNING & ENVIRONMENTAL, a California Sole Proprietorship ("CONSULTANT").
SECTION 1. Pursuant to Section 13 of Agreement File No. 386.6 ("Agreement"), Section 1 of the Agreement (Consideration) is amended as follows:
As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $248,000 for CONSULTANT's general planning and environmental services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "13 which is incorporated herein." SECTION 2. Pursuant to Section 13 of the Agreement, the rates, pursuant to the Agreement, are amended as set forth in "Exhibit B".
SECTION 3. Pursuant to Section 13 of the Agreement, Section 5 of the Agreement (Additional Work) is amended as follows:
"C. Payments over $248,000 for Additional Work for general planning and environmental services must be approved by CITY's City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.'' SECTION 4. Pursuant to Section 13 of the Agreement, Section 9 of the Agreement (Term) is amended as follows:
"The term of this Agreement will be retroactively extended from January 10, 2023 to January 10, 2026. The Manager, at CITY's option, may extend the term twice for not more than a total of five years. Unless otherwise determined by written amendment between the parties, this Agreement will terminate at the end of the Term of as set forth in Section 17."
SECTION 5. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
SECTION 6. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 386.6 remain the same.
SECTION 7. Electronic Signatures. This Amendment may be executed with ic electronic signatures in accordance with Government Code §16.5. Such electron signatures will be treated in all respects as having the same effect as an original signature.
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City of Bellflower
Amendment No. 1 to AFN 386.6
Duane Morita Planning & Environmental
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER,
a municipal corporation
Jeffrey L. Stewart, City Manager
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
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DUANE MORITA PLANNING &
ENVIRONMENTAL
Duane Morita, Sole Proprietorship
AGREEMENT FILE NO. 386.6 — AMENDMENT NO. 1
EXHIBIT B
Consultant must complete the Scope of Work provided in Exhibit A of this Agreement for a not -to -exceed cost of $248,000 for the duration of the 3 -year term, at a billing rate of $160.00 per hour. In addition, the contract allows Duane Morita to provide on-call project specific services not to exceed the sum(s) as set forth in duly executed Task Order(s), at a billing rate of $160.00 per hour.
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