2004 AGN MAY 18 I11 - Laserfiche WebLink

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Item #11 CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF MAY 18, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Approval to Amend Professional Services Agreement with Michael Brandman Associates (MBA) to Provide Professional Environmental Services/CEQA Processing for the Pacific Rail Industries Rail Dismantling and Salvage Operations Facility DATE: May 3, 2004 BACKGROUND: On September 3, 2002, the City Council approved a Professional Services Agreement in the amount of $75,633 with Michael Brandman Associates (MBA) for preparation of an Environmental Impact Report (EIR) for the Pacific Rail Industries Rail Metal Shredder Project, located at 785 East "M" Street. Subsequent to Council's approval, the Council has approved (3) budget augments and two (2) Amendments to the Agreement that have increased the total contract amount to $156,404. The project applicant, Pacific Rail Industries, is paying all costs for the project; there is no impact to the City General Fund. Staff is requesting approval of a Third Amendment to the MBA Professional Services Agreement in the amount of $81,705 to cover work beyond that provided in the original Scope of Work and Budget. The City Attorney prepared the Third Amendment to the Agreement. ANALYSIS/DISCUSSION: The Scope of Work initially developed for the preparation, circulation, and response for the Draft Environmental Impact Report (DEIR) by MBA has expanded, and the consultant has now requested a Third Amendment to the Agreement in order to address the following efforts: (1) Increase in professional staff time to cover the distribution, unanticipated multiple copy reproductions of the DEIR, responses to State agencies and the attorney who represents the Applicant's local competitor, Colton Iron and Metal; (2) address written and oral comments to the DEIR; (3) attendance of public meetings related to environmental review and meetings with City staff to address and resolve issues beyond those anticipated in the original budget; (4) development of a more rigorous Mitigation Monitoring and Reporting Program (MMRP) to protect the interests of the community and to ensure the successful implementation and enforcement of the monitoring of the proposed project; (5) an increase to the consultant's professional staff time for project management and coordination; and (6) an increase to Direct Costs. The project applicant, Pacific Rail Industries, will pay for the increase to the contract.