CI
TY OF FULLERTON
AMENDMENT NUMBER THREE TO AGREEMENT
WITH DUDEK
T
HIS AMENDMENT NUMBER THREE (“ Amendment”) to the Agreement is made and entered on this day of , 2024, by and between the CITY OF FULLERTON (“City”), and DUDEK. (“Consultant”).
RECI
TALS
A. On August 18, 2020, the City and the Consultant entered into an Agreement (“Agreement”) for the Consultant to provide various services relating to the development of a Housing Incentive Overlay Zone and applicable CEQA analysis.
B. The
City and Consultant desire to amend the Agreement to include additional services as set forth herein.
NO
W, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. S
ection 1.1 of the Agreement “Scope of Services”, is amended to include data gathering, real estate economic assessments, form-based development standards, hi gh-level mixed use standards and CEQA assessments, as well as Attendance at various meetings as further outlined within the scope of work attached hereto as Exhibit “A.”
2. Section 2.1 of the Agreement, “Compensation,” is amended to include the additional charges in accordance with the fee schedule set forth in Exhibit A.
3. S
ection 4.1 of the Agreement “Term” is amended to include an additional year from the effective date and continue through February 31, 2025 or upon completion of all tasks within the scope of work attached hereto as Exhibit “A”.
4. E
xcept as set forth in this Amendment, all terms and provisions of the original Agreement shall remain in full force and in effect.
IN WITNESS WHEROF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers.
CI
TY OF FULLERTON
D
ate:
Eric Levitt, City Manager
CONS
ULTANT – DUDEK
Joseph Monaco, President and CEO
Date:
Social Security or Taxpayer ID Number
APPRO
VAL AS TO FORM
Richard D. Jones, City Attorney
EXH
IBIT A
1 Taylor Samuelson
From: Gaurav Srivastava <[email protected]>
Sent: Thursday, February 15, 2024 12:16 PM
To: Sunayana Thomas
Cc: Taylor Samuelson; Chris Schaefer
Subject: [EXTERNAL MAIL]RE: HIOZ: Add-service request
Attachments: Fullerton_Budgeting MASTER Spreadsheet_AMENDMENT #3-DRAFT_rev_15feb2024.xlsx Follow Up Flag: Follow up
Flag Status: Flagged
Hi Sunayana, thank you for the follow up call earlier this week. I have revised the spreadsheet to incorporate what we discussed. The explanatory notes below have been updated (and highlighted) as well to account for the changed figures and likely yet unknown revisions to HIOZ parcels in the coming months.
Our current contract value is $455,670. We are requesƟng $97,900 of addiƟonal funds to address two areas of addiƟonal work:
1. We are requesƟng $13,000 for our real estate economics sub (Proforma Advisors) to complete the following in Task C:
a. determine market‐feasible inclusionary
requirements for affordable units at different income levels.
2. We are requesƟng a further $84,900 to account for the following addiƟonal services in Task B, Task D, and Task F:
a. TASK B: EXISTING CONDITIONS AND FEASIBILITY REPORT
i. AddiƟonal analysis and veƫng to revise the HIOZ parcel set based on updated guidance from staff, Planning Commissioners, and exisƟng condiƟon informaƟon. ii. CoordinaƟon with Kosmont to analyze HIOZ parcels on current commercial performance. iii. Likely addiƟonal analysis and revisions to final HIOZ parcel list in summer 2024 based on Planning Commission and Council input.
b. TACK C: FORM‐BASED DEVELOPMENT STANDARDS AND HIOZ REGULATIONS i. Establish high‐level mixed‐use standards for HIOZ developments [this was not part of original scope which addressed only citywide mulƟ‐family standards] c. TASK D: PREPARATION OF ENVIRONMENTAL EVALUATION AND DOCUMENT i. CoordinaƟon with new HEU team to reconcile HEU sites/programs with HIOZ. ii. AddiƟonal research and data gathering to close data gaps for EIR analysis. This was primarily related to the missing exisƟng development square footage in the Orange County Assessor's parcel database.
iii. Likely impacts to CEQA analysis + addiƟonal coordinaƟon to address revisions to final HIOZ parcel list in summer 2024 based on Planning Commission and Council input. d. TASK E: ADOPTION & IMPLEMENTATION
CAUTION: BE CAREFUL WITH THIS MESSAGE
This email came from outside City of Fullerton. Do not open attachments, click on links, or respond unless you expected this message and rec 2 i. AddiƟonal public hearings at Planning Commission and Council in advance of December 2024 adopƟon deadline.
e. TASK F: ATTENDANCE AT MEETINGS
i. AddiƟonal project management and meeƟng hours to account for the extended project Ɵmeline and staff/commission turnover.
ii. AddiƟonal outreach logisƟcs and community meeƟngs over the extended project Ɵmeline.
The two add‐service requests above total $97,900. These would increase our total contract value from $455,670 to $553,570. I have included an updated spreadsheet that reflects these figures.
Thanks!
Gaurav
Gaurav Srivastava O: 626 204 9817 C: 323 896 1973
Urban Design Director dudek.com
DUDEK VERONICA TAM &
ASSOCIATES
PROFORMA
ADVISORS
CONSENSUS REIMBURSABLES ORIGINAL TASK
TOTAL
DUDEK ADD
SERVICE
ADDITIONAL
REIMBURSABLES
AMENDMENT #1 TOTAL NEW CONTRACT
TOTAL
DUDEK CHANGE VERONICA TAM &
ASSOCIATES CHANGE
CONSENSUS CHANGE AMENDMENT #2 TOTAL NEW CONTRACT
TOTAL
DUDEK CHANGE PROFORMA ADVISORS
CHANGE
AMENDMENT #3 TOTAL NEW CONTRACT
TOTAL
TASK A — INITIATION OF THE PROJECT/KICK-OFF $4,150 $1,200 $5,350 $0 $5,350 $0 $5,350
SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL Task A: Initiation of the project/kick-off and study session $2,300 $400 $600 $650 $200 $4,150 $1,200 $0 $1,200 $650 ($650) $0 $0 TASK B — EXISTING CONDITIONS AND FEASIBILITY REPORT $105,080 $7,600 $112,680 $0 $112,680 $33,840 $146,520
SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL Task B1: Data Gathering and Site Confirmation $9,320 $0 $0 $0 $400 $9,720 $0 $0 $14,800 $14,800 Task B2: Stakeholder and Community Engagement and Visioning $9,080 $1,200 $1,400 $24,350 $2,400 $38,430 $6,400 $1,200 $7,600 $25,550 ($1,200) ($24,350) $0 $12,640 $12,640 Task B3: Existing Conditions and Development Feasibility Report $17,090 $2,400 $12,000 $0 $400 $31,890 $0 $2,400 ($2,400) $0 $6,400 $6,400 Task B4: Illustrative Pro Forma $15,640 $0 $9,000 $0 $400 $25,040 $0 $0 $0 TASK C — FORM-BASED DEVELOPMENT STANDARDS AND HIOZ REGULATIONS $47,100 $33,000 $80,100 $0 $80,100 $16,400 $96,500
SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL Task C1: Form-based development standards $19,600 $0 $0 $0 $100 $19,700 $18,600 $18,600 $0 $0 Task C2: HIOZ regulations $13,200 $2,400 $0 $0 $100 $15,700 $0 $2,400 ($2,400) $0 $13,000 $13,000 Task C3: Draft standards and regulations for incorporation into Code $11,600 $0 $0 $0 $100 $11,700 $14,400 $14,400 $0 $3,400 $3,400 TASK D – PREPARATION OF ENVIRONMENTAL EVALUATION AND DOCUMENT $154,705 $67,400 $222,105 $0 $222,105 $17,240 $239,345
SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL Task D: Preparation of environmental evaluation and document $154,105 $0 $0 $0 $600 $154,705 $66,200 $1,200 $67,400 $0 $17,240 $17,240 TASK E – ADOPTION & IMPLEMENTATION $3,320 $0 $3,320 $0 $3,320 $6,400 $9,720
SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL Task E: Adoption & Implementation $3,220 $0 $0 $0 $100 $3,320 $0 $0 $6,400 $6,400 TASK F – ATTENDANCE AT MEETINGS $20,515 $11,600 $32,115 $0 $32,115 $24,020 $56,135
SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL SUB-TASK TOTAL Task F1: Attendance at bi-weekly coordination meetings $11,160 $0 $0 $0 $160 $11,320 $4,400 $400 $4,800 $0 $13,780 $13,780 Task F2: Attendance at public meetings $9,095 $0 $0 $0 $100 $9,195 $6,400 $400 $6,800 $0 $10,240 $10,240 TOTAL $275,410 $6,400 $23,000 $25,000 $5,060 $334,870 $117,600 $3,200 $120,800 $455,670 $31,000 ($6,000) ($25,000) $0 $455,670 $84,900 $13,000 $9 7,900 $553,570
CITY OF FULLERTON - HIOZ
DUDEK ORIGINAL CONTRACT AMOUNTS AMENDMENT #1 (EXECUTED 8/3/22) AMENDMENT #2 (APPROVED 10/24/22) AMENDMENT #3 (PROPOSED)