Staff Report/Resolution Approving Contract Amendment No. 4 for PMC to Complete the Environmental Analysis of the Domestic Waste Water Treatment Plant

Note: This document was produced by taking a scanned image of the original document and running it through a program that “translates” image into text. So, sorry if there are any Goofs, Gaffs, Glitches and/or other Textual Gremlins.

Second Note: This is just the Staff Report and Resolution

STAFF REPORT

AGENDA ITEM: Resolution and
Authorizing the Interim City Manager to Sign the Amendment.

MEETING DATE: April 19, 2011

PREPARED BY: Donna M. Kenney, Community Development Director

REVIEWED BY: Victoria Lewis, Interim City Manager

RECOMMENDED ACTION:

City Council to review and approve the attached Resolution approving Contract Amendment No. 4 for PMC to complete the environmental assessment of the Domestic Waste Water Treatment Plant and authorizing the Interim City Manager to Sign the Amendment.

BACKGROUND AND DISCUSSION:

On August 21, 2006, the City entered into a $199,014.00 contract with PMC to provide environmental documentation services in conjunction with the City’s Domestic Waste Water Treatment Plant ("DWWTP") EIR Project ("Project"). Between November 2009 and February 2010, the City circulated the Administrative Draft Final EIR ("FEIR") and PMC received, sorted through, hand-coded, electronically-coded, and responded to 443 letters and 152 attachments from Ivis. Colette Alvernaz and 10 letters from other community residents and commenting agencies.

This work was not covered under the original agreement. Such work was needed in order to proceed with the EIR process. Three amendments were prepared for the agreement increasing the total compensation under the agreement by $55,010.

In February 2010, the pending resolution of the 2025 General Plan Update lawsuit resulted in the Project needing to be placed on hold. The Project’s EIR document tiers off the 2025 General Plan Update EIR documents. These documents are also being revised by PMC under a separate contract. To date, the City has paid PMC a total of $254,024.00 under the original agreement and its three amendments.

A fourth amendment is now needed between the City and PMC to cover work that has been done, and unpaid, and to cover work that will be needed to complete the work once the Project resumes. The amendment will cover $80,582.26 in outstanding charges for work performed in order to meet a grant deadline and an additional $57,800 to complete the tasks once the Project resumes and PMC is directed to begin work again.

The additional work will involve the electronic coding of the remaining 263 comment letters, responding to the remaining 378 comment letters, preparing the Final EIR and Mitigation Monitoring Report, and the attendance of one Planning Commission meeting and one Council meeting.

FISCAL IMPACT:

The fourth amendment will be for a fee not to exceed $138,382.26.

ATTACHMENTS:

1. Resolution 2011-

Exhibit A — PMC Contract Amendment No. 4

2. PMC Contract dated August 21, 2006

3. PMC Contract Amendment No. 1

4. PMC Contract Amendment No. 2

5. PMC Contract Amendment No. 3

2

RESOLUTION 2011

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSON

RESOLUTION APPROVING CONTRACT AMENDMENT NO. 4 FOR PMC TO COMPLETE THE ENVIRONMENTAL ANALYSIS OF THE DOMESTIC WASTE
WATER TREATMENT PLANT AND AUTHORIZING THE INTERIM CITY
MANAGER TO SIGN THE AMENDMENT

WHEREAS, on August 21, 2006, the City entered into a $199,014.00 contract with PMC to provide environmental documentation services in conjunction with the City’s Domestic Waste Water Treatment Plant ("DWWTP") EIR Project ("Project"); and

WHEREAS, the City has entered into three amendments to cover additional work required from PMC to continue the EIR process totaling $55,010; and

WHEREAS, a fourth amendment is now needed between the City and PMC to cover work that has been done and to cover work that will be needed to complete the work once the Project resumes. Amendment No. 4 (Exhibit A) will cover $80,582.26 in outstanding charges for work performed in order to meet a grant deadline and an additional $57,800.00 to complete the tasks once the Project resumes and PMC is directed to begin work again; and

WHEREAS, under the attached Amendment No. 4, PMC will be the electronically coding the remaining 263 comment letters, responding to the remaining 378 comment letters, preparing the Final EIR and Mitigation Monitoring Report, and attending one Planning Commission meeting and one Council meeting. The scope of work for the additional work is attached to Amendment No. 4.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby approved Contract Amendment No. 4 for PMC to complete the environmental analysis of the Domestic Waste Water Treatment Plant and authorizing the Interim City Manager to execute the Amendment No. 4, attached hereto as Exhibit A.

Passed and adopted this 19th day of April, 2011 by the following vote:

AYES:

NOES:

ABSENT:
ABSTAIN:

Rodrigo Espinoza, Mayor
of the City of Livingston

ATTEST:

I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 19d’ day of April, 2011.

Antonio Silva, City Clerk

of the City of Livingston

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