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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT
DATE: AUGUST 31, 2004
SUBJECT: NCCP CONTRACT AMENDMENT
Approve an amendment to the contract with the City’s NCCP consultant (URS Corporation) in an amount of $19,249 for completion of the City’s NCCP.
On May 4, 1999, the City Council agreed to enter into an agreement with a biological consulting firm (Dames & Moore, which later became URS Corporation) to prepare and complete the City’s NCCP Program. As the Council is aware, the scope of work has been completed, as the Subarea Plan, Final EIR and Implementing Agreement are being presented to the City Council for approval. Although the project has been completed under budget, the scope-of-work costs for completing the project slightly exceed the contract amount. Therefore, an amendment to the contract amount is being requested at this time.
The specific task that is necessitating this specific contract amendment is related to the preparation of the Final EIR. As described in the attached letter from URS Corporation (that is also intended to function as the amendment authorization), the number of public comments on the Draft EIR that required responses was much greater than expected. In addition, two administrative review cycles for the Final EIR were necessary due to the number of comments and subsequent modifications to the EIR and Subarea Plan. This additional work has resulted in the need for a contract amendment increase of $14,249. In addition, Staff is requesting that the consultant be available on as-needed basis to address any issues that may come up during the Resource Agency review of the NCCP documents. As a result, it is also being requested that the budget be augmented by $5,000 to allow for any on-call tasks to be completed.
The current contract amount for completing Phase 3 of the NCCP (completion of the Subarea Plan, Final EIR and Implementing Agreement) is $124,437. With this contract amendment, the total amount of the Phase 3 budget will be $143,686. Since Phase 3 is the final phase, this is the total budget amount needed to complete the NCCP, provided no other unforeseen circumstances occur. If future unforeseen circumstances do arise that necessitate consultant expenses beyond the current contract amount, City Council approval of a budget adjustment will be necessary, since the new contract amount matches the remaining City budget for completing the NCCP.
The total cost of the increased Phase 3 scope of work would be $143,686. There are funds to cover this total new cost in the City’s current NCCP budget. As a result, a budget adjustment is not necessary.
In addition to Staff's recommendation presented at the beginning of this Staff Report, the following alternative is also available to the City Council:
1) Take no action to amend the contract at this time and direct Staff to prepare a more detailed analysis of the submitted proposal and available funds.
In 1999, the City Council agreed to enter into a contract with a biological consultant to complete the City’s NCCP. The NCCP scope of work has been completed but the approved contract amount has been exceeded due to extra work necessary to complete the Final EIR. As a result, Staff is recommending that the Council approve an amendment to the contract with the City’s NCCP consultant (URS Corporation) in an amount of $19,249 for completion of the City’s NCCP.
Director of Planning, Building
and Code Enforcement
Amendment to Agreement letter dated August 19, 2004