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6.1.A. - Page 1 <br /> RE PO RT <br /> To the Honorable Mayor and City Council <br /> From the Cit Mana er <br /> December 12, 2011 <br /> SUBJECT <br /> Amendment Number 1 to Professional Services Agreement with David Powers and <br /> Associates related to the Finger Avenue Project Environmental Impact Report (EIR) <br /> RECOMMENDATION <br /> Approve, by motion, Amendment Number 1 of the Professional Services Agreement <br /> with David Powers and Associates in the amount of $28,573 to complete the <br /> preparation of the Finger Avenue Project EIR. <br /> BACKGROUND <br /> As a result of a challenge to the environmental review associated with the project, the <br /> project applicant, petitioners, and the City entered into a July 29, 2010 court approved <br /> settlement agreement which governs the environmental review for the Finger Avenue <br /> Project. By law, the City has the obligation to make an independent assessment of the <br /> work that is necessary for a complete and thorough environmental analysis. <br /> On November 22, 2010, the City Council executed an agreement with David Powers <br /> and Associates to prepare an EIR for the Finger Avenue Project consistent with the <br /> court approved settlement agreement. The original agreement, including sub- <br /> consultant work, was in the amount of $108,928 (or up to $132,815 with the optional <br /> subconsultant tasks included). <br /> ANALYSIS <br /> An amendment to the contract in the amount of $28,573, which would bring the total <br /> cost of services to $137,501, is necessary to cover the scope of additional work <br /> completed on the Draft EIR, (including the evaluation of several additional project <br /> alternatives), and to address the unanticipated volume and complexity of comment <br /> letters received on the Draft EIR that will enable completion of the Final EIR. <br /> ALTERNATIVES <br /> Do not authorize execution of Amendment Number 1 with David Powers and Associates <br /> and direct staff to modify the scope of work or to work with another consultant. <br /> FISCAL IMPACT <br /> None. The developer will pay for all costs associated with the Finger Avenue Project. <br />