HomeMy WebLinkAbout03 - CC-4 - Amendment #1 to PSA with Michael Baker - 12/17/20191
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: CC-4
SUBJECT: AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC.
DATE:
DECEMBER 10, 2019
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: NANCY HUYNH, ASSOCIATE PLANNER
FOR FURTHER INFORMATION CONTACT: NANCY HUYNH
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve proposed Amendment No. 1 to the Professional Services Agreement (PSA)
with Michael Baker International, Inc. (“Michael Baker”) amending the scope of
services and increasing the contract by $43,763;
2. Authorize the City Manager and City Clerk to sign and execute the amendment;
3. Authorize the City Manager to execute future amendments to this agreement,
including any potential increase in compensation as long as the amendment is
specifically for the One Metro West Project and is fully funded by Rose Equities,
thereby not affecting the City’s General Fund.
BACKGROUND:
On March 19, 2019, the City entered into a PSA with Michael Baker to provide the
Development Services Department with environmental consulting services. The original
PSA contract amount was for $94,465. This agreement was approved to prepare the
required Environmental Impact Report (EIR) for the One Metro West development project
on behalf of the City. Michael Baker has been providing services to attend weekly meetings
with the project applicant, review the associated environmental technical studies, review the
project’s draft Specific Plan and Master Plan, and prepare the Draft EIR.
The One Metro West project (1683 Sunflower Avenue) proposes a mixed-used
development on a 15.23-acre site and will require a General Plan Amendment, Zone
Change, Specific Plan, an Environmental Impact Report (EIR) for California Environmental
Quality Act (CEQA) compliance purposes, a Development Agreement, and a Subdivision
Map.
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ANALYSIS:
To date, Michael Baker has attended 26 weekly meetings with the project applicant,
prepared a Notice of Preparation (NOP), reviewed all CEQA-related documents and
technical studies, and reviewed the project’s draft Specific Plan. For these tasks, Michael
Baker has used $53,727 or 49 percent of the contract amount. Michael Baker has also
conducted a peer review of the parking study and attended the NOP scoping meeting with
additional consultant staff.
On September 9, 2019, the Department received the Draft EIR; however, the Draft EIR was
incomplete due to on-going technical studies that had not yet been completed. As a result,
more coordination between staff, Michael Baker and the applicant team was necessary –
which affected the project’s anticipated schedule. Michael Baker indicated that based on
the current status of the Draft EIR, they will require additional tasks and time from its own
staff to maintain the expedited project schedule.
Michael Baker has indicated that the following additional tasks are necessary to complete
the Draft EIR in a timely manner:
Continue attending weekly meetings with City staff and the applicant until the
publishing of the Draft EIR for public review and the EIR has been certified;
Update and revise Draft EIR sections to generally reformat the document and to
provide additional details in the project description and impact analysis for each topic;
Prepare graphics for figures and exhibits to support the impact analyses presented
in the Draft EIR; and
Evaluate and update the proposed project alternatives.
In addition to the tasks outlined above, the additional funding will also cover Linscott, Law
and Greenspan, Engineers’ (traffic sub-consultant) attendance at up to five of public
meetings/hearings including the Parks, Arts, Community Services Commission, Bikeway
and Walkability Committee, Planning Commission, and City Council.
Amendment No. 1 to the PSA will increase the total contract amount to $153,175.
ALTERNATIVES CONSIDERED:
The alternative to the proposed City Council action would be to not move forward with the
additional funding for the subject agreement. Michael Baker would then have to complete
the Draft EIR and other required tasks with the remaining contract amount in the original
PSA. Without the additional funding, the Draft EIR could be incomplete or substandard
which would significantly delay the project’s schedule.
FISCAL REVIEW:
There is no impact on the City’s General Fund. The cost for this contract will be fully funded
by the Applicant, Rose Equities. Upon execution of the amendment, the additional $43,763
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will be deposited in a City deposit account that will be managed by the project planner and
used for the specified purposes.
CITY COUNCIL GOALS & PRIORITIES:
The proposed amendment is administrative in nature.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and prepared the attached agreement.
CONCLUSION:
Staff recommends that the City Council:
1. Approve proposed Amendment No. 1 to the Professional Services Agreement (PSA)
with Michael Baker International, Inc. (“Michael Baker”) amending the scope of
services for additional services and increasing the contract by $43,763;
2. Authorize the City Manager and City Clerk to sign and execute the amendment;
3. Authorize the City Manager to execute future amendments to this agreement,
including any increase in compensation as long as the amendment is specifically for
the One Metro West Project and is fully funded by Rose Equities, thereby not
affecting the City’s General Fund.
____________________________ _________________________________
NANCY HUYNH BARRY CURTIS, AICP
Associate Planner Director of Economic and Development Services
____________________________ _________________________________
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENT:
1. Amendment No. 1 to Professional Services Agreement
a. Michael Baker’s Additional Work Request