PURPOSE:

The purpose of this report is to request City Council approval of a $155,000.00 amendment to a Professional Services Agreement (PSA) with Environ to cover the costs incurred to complete the Public Health and Safety section of the draft environmental impact report (DEIR) and preparation of the response to comments received during the 45-day public review period of the DEIR prepared for a proposed Home Depot store located at 1200 S. Flower Street, and respond to comments.

BACKGROUND:

On January 21, 2003 the City approved a Professional Services Agreement (PSA) for $84,750.00 with Environ to prepare the Public Health and Safety section of the DEIR for the proposed Home Depot store.   During the process of preparing the DEIR additional work was required including field tests, an expanded analysis to incorporate the field testing data, and preparation of responses to comments received during the 45-day public review of the DEIR that went beyond the original scope of work.  The applicant agreed to cover the cost for the additional work when the process was complete and the total cost could be established by the consultant.

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PROPOSED AMENDMENT

The proposed amendment will modify the original PSA to cover the costs incurred to conduct field investigations and expand the analysis in the Public Health and Safety section of the DEIR to reflect this additional data, and also to respond to comments received during the 45-day public review of the DEIR.  The additional cost incurred to complete these assignments was $155,000.00, which will increase the original contract amount of $84,750 to $239,750.00.

ANALYSIS:

This report requests City Council approval of this amendment to the PSA with Environ to prepare the Public Health and Safety section of a DEIR for the proposed Home Depot store and to respond to comments received during the 45-day public review of the DEIR.

Environs proposal was the only one sought for completion of this particular section of the EIR because Environ had worked with staff and established significant familiarity with the project. 

Pros

Environ has worked with the City to complete the Public Health and Safety section of the DEIR and respond to comments received during the 45-day public review of the DEIR. Amending the PSA will provide Environ the funds necessary to cover the costs incurred to complete those tasks and participate in the balance of the entitlement process.

Cons   None

FISCAL IMPACT:

The City will incur no costs by amending the PSA with Environ.  The total cost of Environ�s scope of additional work will be $155,000.00.  The City of Burbank�s Fee Resolution requires that applicants pay the full cost of the consultant fee plus a 10% administrative fee to help pay for City services and any outside consul needed for oversight during the process of preparing the environmental documentation.  The 10% administrative fee ($15,500.00) will be added to the cost of the contract with Environ for a total cost of ($155,000.00 + $15,500.00) $170,500.00.  The applicant has agreed to pay this amount, and will be required to deposit this full amount with the City before the PSA is executed.

RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving the First Amendment to a Professional Services Agreement with Environ to pay for completion of the Public Health and Safety section and preparation of the response to comments for the DEIR for the proposed Home Depot project.

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