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HomeMy WebLinkAboutReso - CC - 095-20231 RESOLUTION NO. 095-2023 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO PERFORM ENVIRONMENTAL REVIEW SERVICES FOR AN ADDITIONAL $29,885, FOR A TOTAL COMPENSATION OF $521,885, RELATED TO THE PROPOSED DEVELOPMENT OF A NEW OFFICE/RESEARCH AND DEVELOPMENT PROJECT AT 1200-1340 OLD BAYSHORE HIGHWAY, BURLINGAME WHEREAS, pursuant to City Council Resolution No. 063-2022, the City of Burlingame (“City”) executed a professional services agreement (“Agreement”) with Environmental Science Associates (ESA) (“Consultant”) for $492,030.00, dated June 20, 2022, for the preparation of a CEQA document for the office/research and development project at 1200-1340 Old Bayshore Highway (the “Project”); and WHEREAS, the Agreement included a contingency of $44,730.00; the Consultant has previously utilized $15,360.00 of these contract contingency funds for the water supply subconsultant, EKI, to aid in the development of the Environmental Impact Report (EIR) Alternatives, and for ESA’s oversight of this task for the Project; and WHEREAS, the Consultant is requesting a contract amendment for out-of-scope tasks including an additional screencheck of the EIR and additional time and tasks associated with 1) project delays attributed to an evolving project descriptions with multiple rounds of edits by the City and applicant; 2) delays with applicant submittal of technical studies needed for the administrative draft (1st draft of air quality and greenhouse gas technical report, 1st draft of Traffic Impact Analysis, complete working 3D model); 3) resolution of issues with the Water Supply Assessment, which represent additional services beyond the scope of the Agreement; and WHEREAS, the Consultant requests $59,225.00 for the above-noted modifications for out-of-scope tasks; $29,370.00 of that total amount will be covered by the remaining contingency funds from the agreement (funds on retainer), while $29,855.00 of that total is being requested as additional funds in the form of an Amendment No. 1 to the original Agreement; and WHEREAS, because this Amendment No. 1 is to an agreement that was previously authorized by City Council as the work was in excess of $100,000, with the combined total budget of $521,885.00, City Council approval is required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to enter into Amendment No. 1 to the Professional Services Agreement with Environmental Science Associates (ESA), in the form attached hereto, for environmental review services related to the proposed development of a new office/research and development Project at 1200-1340 Old Bayshore Highway, DocuSign Envelope ID: F8E1CA03-01A3-4AE8-A977-D997577E36FB 2 consistent with the Scope of Work attached to this resolution, for an additional cost of $29,855.00, for a maximum total cost of $521,885.00, as stated in the Contract Amendment No. 1, dated May 23, 2023. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Amendment No. 1. _______________________________ Michael Brownrigg, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council, held on the 5th day of July, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, ORTIZ, STEVENSON NOES: Councilmembers: NONE ABSENT: Councilmembers: COLSON _______________________________ Meaghan Hassel-Shearer, City Clerk DocuSign Envelope ID: F8E1CA03-01A3-4AE8-A977-D997577E36FB