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Report regarding a resolution rescinding Resolution No. 28-2026 and approving a revised Second Amendment to the Consulting Services Agreement with MIG, Inc. for the New Park at Linden and Pine Project (Project No. pk2305), establishing a total Council authorization of $658,014. (Philip Vitale, Deputy Director of Capital Projects)
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RECOMMENDATION
Recommendation
Staff recommends that the City Council adopt a resolution rescinding Resolution No. 28-2026 and approving a revised Second Amendment to the Consulting Services Agreement with MIG, Inc. of Berkeley, California in the amount of $65,335, authorizing a total Council authorization of $658,014, and extending the contract end date to December 31, 2027 for the New Park at Linden and Pine Project (pk2305).
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BACKGROUND/DISCUSSION
On October 11, 2023, the City Council approved a Consulting Services Agreement with MIG, Inc. for professional landscape architecture, design, community engagement, and construction administration services for the New Park at Linden and Pine Project. The agreement amount was $526,920 and included a Council-authorized contingency of $52,692. The agreement is currently set to expire on June 30, 2027.
As the design of the project progressed, MIG, Inc. was tasked with additional services beyond the original scope, including:
1. Traffic Study work:
a. Review site access and circulation for the final concept plan and prepare a memorandum with recommendations.
b. Peer review memorandum meeting and discussion of comments.
c. Linden Avenue Closure during Large Events included a qualitative discussion of the proposed Linden Avenue closure during large events and its impact on vehicular, pedestrian, and bike traffic and transit services that might be affected by the street closure.
d. Traffic consultant meeting attendance.
2. Revised trip analysis.
3. Restroom infrastructure design.
4. Additional Coordination with PG&E for new power service.
On April 8, 2026, the City Council adopted Resolution No. 28-2026 approving a Second Amendment to the Consulting Services Agreement with MIG, Inc. The Second Amendment increased the contract amount by $65,335 and authorized an additional contingency of $13,067. Following Council approval, staff identified that Resolution No. 28-2026 inadvertently omitted the original Council-authorized contingency of $52,692 when stating the total authorized contract amount. As a result, the resolution reflected a total authorization of $605,322 rather than the correct total authorization of $658,014.
Staff recommends rescinding Resolution No. 28-2026 and replacing it with a new resolution that accurately reflects the complete contract authorization history and establishes the correct total Council authorization amount.
Description Date Amount
Original Agreement 10/1/23 $526,920
Original Contingency 10/1/23 $52,692
First Amendment 11/1/25 $0
Second Amendment 07/08/26 $65,335
Second Amendment Contingency 07/08/26 $13,067
Total Council Authorization $658,014
The proposed action does not increase the amount previously approved by Council for consultant services and contingencies. Rather, it corrects the legislative record and accurately reflects all previously authorized contract amounts.
FISCAL IMPACT
There is no additional fiscal impact associated with this action. Funding for the Consulting Services Agreement remains available within the approved project budget. Budget Amendment No. 26.060 approved by the City Council provides sufficient funding for the project.
RELATIONSHIP TO CITY COUNCIL PRIORITIES ACTION PLAN
Approval of this action will contribute to the Major Focus Areas of Quality of Life and Support a Sustainable Retail Environment from the City Council’s Priorities Action Plan through the New Park at Linden and Pine Avenue development.
CONCLUSION
Staff recommends that the City Council rescind Resolution No. 28-2026 and adopt Resolution No. 26-1805 approving a revised Second Amendment to the Consulting Services Agreement with MIG, Inc. and establishing a corrected total Council authorization of $658,014.