Agenda #: 5.5
Meeting Date: February 1, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES
(ESA), FOR A NOT-TO-EXCEED AMOUNT OF $190,980 TO PREPARE
A MITIGATED NEGATIVE DECLARATION FOR THE CROOKED
CREEK RESIDENTIAL SUBDIVISION PROJECT.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve and authorize the City Manager to sign Second Amendment to the Consultant Services Agreement with Environmental Science Associates.
FINANCIAL IMPACT:
None. All costs associated with the preparation of the Initial Study/Mitigated Negative Declaration (IS/MND) shall be borne by the applicant. The applicant will be required to submit the total contract amount to the City. Consultant invoices will be paid out of the developer deposit account. The proposed Second Amendment to the Consulting Services Agreement would increase the not-to-exceed amount by $43,420 for a total of $190,980.
BACKGROUND:
On April 7, 2020, the City executed into a Consultant Services Agreement with ESA to provide environmental services for the Crooked Creek Residential Subdivision Project.
At the time, it was determined that an environmental impact report (EIR) would be required as part of the environmental review. After the execution of the agreement, the project was significantly redesigned: the number of residential lots was reduced from eleven to seven; several retaining walls were eliminated; and the proposed extension of Crooked Creek Road was reconfigured to follow the natural contours of the hillside, reducing potential impacts related to aesthetics and existing biological resources. Based on these design changes, staff determined that an EIR was no longer necessary, and
that an Initial Study/Mitigated Negative Declaration (IS/MND) would be the appropriate environmental document. As a result of this determination, the First Amendment to the original Consultant Services Agreement (“First Amendment”) was executed on September 22, 2020.
ANALYISIS:
During the preparation of the IS/MND, revisions to the proposed project’s grading plans, landscape plans and tree replacement plans required additional analyses to be performed by ESA that were not anticipated in the scope of work set forth in the First Amendment. ESA is thus requesting a Second Amendment (Attachment 1) to the original agreement so that the additional tasks can be properly completed and invoiced.
Exhibit “A” to the Second Amendment describes the expanded scope of work in further detail.
The total not-to-exceed compensation set forth in the First Amendment was the sum of $147,560. This Second Amendment would increase that amount by $43,420 so that the total not-to-exceed compensation, shall not exceed $190,980 without the prior authorization of the City.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.5.a Second Amendment to Consultant Services Agreement