HomeMy WebLinkAboutEnvironmental Science Associates (ESA) 05-23-14 Supplement 1� � 17�� (�1 '3 I�I -
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SUPPLEMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This agreement, entered on May .2 3 , 2014 ("Effective Date"), supplements the
Agreement for Professional Services ("Agreement") between Environmental Science Associates
(ESA), a Califomia Corporation, and the City of Ukiah (City), a general law municipal
corporation, entered on October 27, 2011. It is entered pursuant to Sections 1.07 and 3.01 of
the Agreement and is the first supplement thereto.
1. Pursuant to Section 3.01 the term of the Agreement is extended until a final
judgment is entered in Ukiah Citizens et a/. v. City of Ukiah, Mendocino County
Superior Court Case No. SCUKPT 1463579 ("the Action").
2. Pursuant to Section 1.07, Consultant is hereby authorized to provide litigation
support services to Costco Wholesale Corporation's attorneys ("Attorneys") in their
defense of the decision challenged in the Action. Litigation support services
includes those services utilizing Consultant's expertise and familiarity with the
Administrative Record that are requested by the Attorneys to defend the City's
decision to certify the EIR challenged by the Action.
3. Consultant shall be compensated in accordance with Article V of the Agreement. I
4. Consultant understands that Costco is obligated to pay these costs. i
ENTERED ON THE EFFECTIVE DATE:
EN RONMEN�IAL SCIENCE ASSOCIATES CITY OF UKIAH
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, Sacramento,CA 95815
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918.564.4501 �a�:
May 12, 2014
Mr. Charley Stump I
Community Development Director
City of Ukiah
Community Development Department
300 Seminary Avenue
Ukiah, CA 95482
Subject: Request for Contract Fee Modification #5 -Out-of-Scope Work regarding Litigation Support
Dear Charley:
Pursuant to the City of Ukiah's(City) request, ESA and the sub-consultant team(for the Costco Wholesale
Project EIR, which includes[eam members from Dudek, W-Trans, and ALH Urban and Regional Economics)are
available to assist the City with litigation support activities related to the Ukiah Costco Wholesale Project. At the
direction of the City and their legal team, ESA [eam members, on a time and materials basis,will review
additional comments received on the Drafr and final EIR and coordinate with other team members as part of
necessary conference calls,meetings and emails.
As the extent of project-related review and coordination activities will vary greatly by individual team member, '
our team will provide these time and materials services only as requested by the City or tbe Ciry's legal team (in
coordination with ESA). Our team estimates that we could incur approximately 100 to 160 hours of time
reviewing and providing these coordination services. At billing rates ranging from$140 to$200 per hour, our
budget request amounts ro a conservative$25,000.
We appreciate working with you on this important project. Please feel free to contact me (916)761-0988 should
you have any additional questions wncerning this request.
Sincerely,
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Ray Weiss, Project Director i
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