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Legislative Public Meetings

File #: 22-1726    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 12/7/2021 In control: City Council and Authorities Concurrent
On agenda: 1/11/2022 Final action: 1/11/2022
Title: Action on Amendments to Three Professional Service Agreements for the Related Santa Clara Development Project Extending the Terms and Total Contract Amount with Milstone Geotechnical Consulting Services, Environmental Risk Services, and Robert E. Van Heuit
Attachments: 1. Letter from Santa Clara County Department of Environmental Health.pdf, 2. Amendment No. 5 with Barry Milstone DBA Milstone Geotechnical Consulting Services.pdf, 3. Executed Agreement with Barry Milstone and Amendments 1-4, 4. Amendment No. 5 to Amended and Restated Agreement with Environmental Risk Services.pdf, 5. Executed Agreement with Environmental Risk Services and Amendments 1-4, 6. Amendment No. 4 to Amended and Restated Agreement with Robert E. Van Heuit, 7. Executed Agreement with Robert E. Van Heuit and Amendments 1-3
REPORT TO COUNCIL
SUBJECT
Title
Action on Amendments to Three Professional Service Agreements for the Related Santa Clara Development Project Extending the Terms and Total Contract Amount with Milstone Geotechnical Consulting Services, Environmental Risk Services, and Robert E. Van Heuit

Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The Related Santa Clara project (formerly known as City Place) is a 9.1 million square foot development on a former all-purpose landfill site. There are various local and State agencies that are charged with the oversight of a closed landfill. City staff and Related Santa Clara (Developer) have been working closely with these agencies in order to secure necessary approvals and permits to allow for the future construction of the project.

The Related Santa Clara project is a complex, multi-faceted development project that requires significant technical expertise beyond City and other regulatory agencies' staff knowledge on matters related to the landfill as well as disciplines in other areas.

The City has entered into three third-party consulting agreements to assist with the work associated with the Related Santa Clara Development Project. These contracts are funded by Related Santa Clara (Developer), through funds provided to the City as required by the June 2016 Disposition and Development Agreement. Discussion on each of the contracts is reflected below.

Due to staffing capacity issues, all three agreements termed-out on December 31, 2021; therefore, retroactive approval of the amendments effective January 1, 2022 is requested.

DISCUSSION
The requested actions are amendments to existing agreements and do not require competitive bidding. However, to consider competitive bidding for these services at this time would be an idle act under Purchasing Code Section 2.105.100(h)(3) where formal bidding would substantially interfere with ongoing operations because of the ...

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