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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 /> February 13, 2012 <br /> SUBJECT <br /> Amendment No.1 to Professional Services Agreement with David Powers and <br /> Associates for the 2580 EI Camino Real (Mel's Bowl site) Project Environmental Impact <br /> Report (EIR) <br /> RECOMMENDATION <br /> Approve, by motion, Amendment No. 1 of the Professional Services Agreement with <br /> David Powers and Associates to complete the preparation of the 2580 EI Camino Real <br /> Project EIR. <br /> BACKGROUND <br /> On February 7, 2011, the City Council executed an agreement with David Powers and <br /> Associates to prepare an EIR for the 2580 EI Camino Real Project. The original <br /> agreement, including sub-consultant work, was in the amount of $84,140 with a <br /> contingency of $12,621. <br /> On November 30, 2011, the City Manager authorized use of the contingency funds to <br /> cover the cost of additional work that was needed to address the unanticipated <br /> complexity of comment letters received on the Draft EIR and the additional technical <br /> work required of subconsultants to respond to the written comments, as well. The <br /> subconsultant was also asked to attend a Planning Commission hearing to respond to <br /> oral testimony received on the EIR. The City recently received two project appeal <br /> letters. <br /> ANALYSIS <br /> David Powers and Associates are now requesting an amendment to its contract in the <br /> amount of $13,224, which would bring the Agreement to $109,985. Because of the <br /> technical nature of comments received on the Draft and Final EIR and the coordination <br /> necessary to respond to those comments, the contingency fee was not sufficient. <br /> Additional work not included in the original scope of work includes work associated with <br /> a new appeal to the City Council. <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 />