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HomeMy WebLinkAboutStaff Report 2307-18066.Approval of Amendment No. 2 to Contract No. C20175305A With AECOM Technical Services, Inc. to Extend the Contract three and half years through June 30, 2027 for Sea Level Rise Adaptation Plan Development; CEQA – Addendum to the Comprehensive Plan EIR, approved June 5, 2023. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: December 4, 2023 Report #:2307-1806 TITLE Approval of Amendment No. 2 to Contract No. C20175305A With AECOM Technical Services, Inc. to Extend the Contract three and half years through June 30, 2027 for Sea Level Rise Adaptation Plan Development; CEQA – Addendum to the Comprehensive Plan EIR, approved June 5, 2023. RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Amendment No. 2 to Contract No. C20175305A between the City of Palo Alto and AECOM Technical Services, Inc. for Sea Level Rise Adaptation Plan Development, to extend the term by three and half years through June 30, 2027. BACKGROUND The City entered into an agreement with AECOM Technical Services Inc. on June 22, 20201 for technical assistance in the development of a Sea Level Rise Vulnerability Assessment and Sea Level Rise Adaptation Plan. Staff completed the City of Palo Alto Sea Level Rise Vulnerability Assessment2 in 2022. The Assessment analyzes hazards and risks from Sea Level Rise inundation and related changes to shallow groundwater conditions using several increments of sea level rise that are predicted to occur through the end of this century. 1 City Council, June 22, 2020; Agenda Item #3; SR# 10278, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020/id-10278.pdf 2City of Palo Alto Sea Level Rise Vulnerability Assessment, https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/environmental-compliance/sea-level-rise/palo- alto-sea-level-rise-vulnerability-assessment-june-2022-062822-linked-final.pdf ANALYSIS In late 2022, staff paused development of the Sea Level Rise Adaptation Plan pending the outcome of a United States Army Corps of Engineers (USACE) feasibility study, which could alter the scope of work for the Sea Level Rise Adaptation Plan. The USACE study assesses federal interest in funding shoreline levee improvements that would protect Palo Alto from future sea level rise inundation. The USACE study outcome is anticipated to be finalized in late 2023. In addition, new legislation– SB272: Sea Level Rise Planning and Adaptation3–requires a Bay Area regional sea level rise adaptation plan and harmonized subregional plans. The details of these new requirements are anticipated from the Bay Conservation and Development Commission by the end of 2024. In spring 2023, the City administratively executed Amendment No. 14 to extend the AECOM contract term by six months, through December 21, 2023. During the Fiscal Year 2024 budget discussions, staff was directed to include additional funding needed to support Sea Level Rise Adaptation Plan development in the 2024 mid-year budget review. To allow AECOM to continue to support the City’s sea level rise planning efforts, the AECOM contract term must be extended again before the current contract expires on December 21, 2023. Staff recommends approval of Amendment No. 2 (Attachment A) to extend the contract through June 30, 2027. FISCAL/RESOURCE IMPACT The contract term extension recommended in this report would have no financial impact. Staff plans to return in 2024 to request Council approval for a third contract amendment which would include a revised scope of work, and a mid-year budget request to add funds for Sea Level Rise Adaptation Plan development. STAKEHOLDER ENGAGEMENT Stakeholder engagement to date has included updates about Sea Level Rise Vulnerability Assessment Development via Sustainability and Climate Action Plan webinars, a community meeting held in partnership with Valley Water, a Utilities Advisory Commission Meeting, public newsletters, and other smaller community meetings where inquiries have been made about regional and local sea level rise planning efforts. ENVIRONMENTAL REVIEW On June 5, 2023, the Council adopted Resolution No. 10112 approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate 3 SB272: Sea Level Rise Planning and Adaptation, 2023; https://legiscan.com/CA/text/SB272/id/2841138 4Amendment 2: https://www.cityofpaloalto.org/files/assets/public/v/2/public-works/environmental- services/aecom-amendment-no-2-to-contract-no-c20175305a.pdf Action Plan. Council action on this item furthers the sea level rise key action identified in the Sustainability and Climate Action Plan. ATTACHMENTS Attachment A: Amendment No. 2 to Contract No. C20175305A Between the City of Palo Alto and AECOM Technical Services, Inc. APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Vers.: Aug. 5, 2019 Page 1 of 3 AMENDMENT NO. 2 TO CONTRACT NO. C20175305A BETWEEN THE CITY OF PALO ALTO AND AECOM TECHNICAL SERVICES, INC. This Amendment No. 2 (this “Amendment”) to Contract No. C20175305A (the “Contract” as defined below) is entered into as of November 13, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and AECOM TECHNICAL SERVICES, INC., a California corporation, located at 300 South Grand Avenue, 9th Floor, Los Angeles, CA 90071 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing technical support for a sea level rise vulnerability assessment and drafting a Sea Level Rise Adaption Plan, as detailed therein. B. The Parties entered into Amendment No. 1 to extend the contract term for six months through December 21, 2023, at no additional cost to the City, as detailed therein. C. The Parties now wish to amend the Contract in order to extend the contract term for through June 30, 2027, at no additional cost to the City, as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C20175305A between CONSULTANT and CITY, dated June 22, 2020, as amended by: Amendment No. 1, dated May 25, 2023 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2 “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through June 30, 2027 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. DocuSign Envelope ID: D7C01679-F030-489B-AF4E-DA3D6422B8CE Vers.: Aug. 5, 2019 Page 2 of 3 SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: D7C01679-F030-489B-AF4E-DA3D6422B8CE Vers.: Aug. 5, 2019 Page 3 of 3 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO _____________________________ City Manager APPROVED AS TO FORM: _____________________________ City Attorney or Designee AECOM TECHNICAL SERVICES, INC. Officer 1 By:___________________________ Name:________________________ Title:__________________________ Officer 2 By:____________________________ Name:_________________________ Title:___________________________ DocuSign Envelope ID: D7C01679-F030-489B-AF4E-DA3D6422B8CE Kelly Bayer, Associate Vice President Associate Vice President Secretary Armond Tatevossian, Corporate Secretary