CITY OF CARMEL-BY-THE-SEA

Council Report
May 4, 2015
To:

Honorable Mayor and Members of the City Council

From:

Douglas J. Schmitz, City Administrator

Subject:

Contract Amendment: Monterey Bay Planning Services (MBPS)

RECOMMENDATION(S):
Adopt a resolution authorizing the City Administrator to execute Amendment No. 1 to
Professional Services Agreement in the amount of $15,000 with Monterey Bay Planning
Services for contract planning services.

EXECUTIVE SUMMARY:
Staff is requesting authorization to enter into a contract amendment with MBPS for: 1) a
one year time extension, terminating on 30 June 2016; and, 2) authorization for the
contract amendment to be in the amount of $15,000. The budget for this project for
2014-15 contains $40,000. An appropriation of $15,000 has been included in the
Provisional Budget.

ANALYSIS/DISCUSSION:
The City entered into an agreement with MBPS in July 2014 for planning consultant
services for several projects including the Rio Park/Larson Field Pathway. The contract
was for $35,000 and expires on 30 June 2015. The contract needs to be extended and
an additional appropriation authorized for FY 2015-16.
When the contract was entered into, it was understood by both parties that the project
would encounter some uncertainties. The first paragraph of the approved scope of
services states:
This scope of services is intended to be general in nature. It sets forth the anticipated
activities and deliverable products resulting from the firms services. Since the exact
nature of public agency involvement and the full scope of environmental review are both
still unknown, some elements of the scope can only be approximated at this time.

Council Meeting Date: May 4, 2015

Agenda Item: 4.F
Page 1

Amongst the unknowns of 2014 which have now become knowns are:
Discovery, analysis and mapping of existing easements.
Prior to entering into the contract, MBPS reviewed the Citys parcel files with City Staff.
This background research uncovered only one access easement near the park site and
a storm easement across Larson Field. After entering the contract and the
commencement of work, title reports were ordered and secured for Rio Park, Larson
Field and CAWD properties. In all, seventeen (17) easements were found to exist.
MBPS analyzed and reviewed all the easements, mapped the locations and wrote a
summary report for legal counsel so that new easements for the trail or amendments to
existing easements could be drafted.
Negotiations.
MBPS has negotiated with the three property owners for the trail easements and the
alignment. Because of the number of easements involving various owners, the
negotiations have been much more extensive than initially envisioned.
Engineering and Related Expenses
MBPS retained the services of a traffic engineer to address issues raised by the
involved property owners and the City. The contract expressly states that Additional
Services will be paid by the City. MBPS was billed $2000 for the traffic engineering
work and is eligible for reimbursement from the City.
As Council is aware, the environmental review process has recently commenced and
will continue in the next fiscal year. The project will ultimately need both City and County
permit approvals, MBPS will shepherd these efforts.
FISCAL IMPACT:
Budgeted:
Yes

Funding Source:
General Fund

APPROVED:

____________________________________
Douglas J. Schmitz, City Administrator

Date: ____________________

Council Meeting Date: May 4, 2015

Agenda Item: 4.F
Page 2

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2015-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT PBD-PSA-MBPS-008-13-14 WITH
MONTEREY BAY PLANNING SERVICES FOR CONTRACT PLANNING SERVICES
IN AN AMOUNT NOT TO EXCEED $50,000
WHEREAS, Monterey Bay Planning Services (MBPS) provides contract planning
services for the City; and
WHEREAS, the funds for the contract has been budgeted in the 2014-15 CIP; and
WHEREAS, the contract with MBPS was originally entered into on July 2, 2014 for a not
to exceed amount of $35,000; and
WHEREAS, it is anticipated that this service will be needed through the remainder of
Fiscal Year 2015-2016 due to the amount of work remaining on environmental review and
obtaining permits.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to Execute Amendment No. 1 to the Professional
Services Agreement with Monterey Bay Planning Services for Contract Planning
Services in the amount of $15,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 4th day of May 2015 by the following roll call vote:
AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

ABSTAIN:

COUNCIL MEMBERS:

SIGNED:

ATTEST:

Council Meeting Date: May 4, 2015

Agenda Item: 4.F
Page 3

Jason Burnett, MAYOR

Lee Price, MMC

Interim City Clerk

Council Meeting Date: May 4, 2015

Agenda Item: 4.F
Page 4

Amendment No. 1 to Contract

PBD-PSA-MBPS-008-13-14
1. This amendment (the "Amendment") is made by City of Carmel-by-the-Sea and Monterey
Bay Planning Services, parties to agreement PBD-PSA-MBPS-008-13-14 (the "Agreement")
dated July 2, 2014.
2. The Agreement is amended as follows:
a. The Compensation of the Agreement is modified as follows:
CITY shall pay CONSULTANT in an amount not to exceed $50,000 for the term of
entire agreement as stipulated in 2a.
b.

The Term of the Agreement is modified as follows:

The Agreement shall continue for one additional year, ending June 30, 2016.

3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full
force and effect in accordance with its terms. If there is conflict between this amendment and
the Agreement or any earlier amendment, the terms of this amendment will prevail.

By: __________________________
Printed Name: Brian Roseth
Title: Consultant
Dated: _________________

By: __________________________
Printed Name: Douglas J. Schmitz
Title: City Administrator
Dated: _________________
ATTEST:
____________________
Lee Price, MMC
Interim City Clerk

Council Meeting Date: May 4, 2015

Agenda Item: 4.F
Page 5