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FIRST AMENDMENT TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR THE HOUSING ELEMENT REZONING PROGRAM
This First Amendment to Professional Consultant Service Agreement for planning services (this “First Amendment”) is made and entered into this _____ day of ________, 20___, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City"), and PRECISION CIVIL ENGINEERING, INC. ("Consultant").
RECITALS:
A. City and Contractor entered into a Professional Consultant Services Agreement for planning services (the “Agreement”) on October 3, 2022.
B. City and Contractor desire to amend the Agreement in the manner provided herein.
COVENANTS:
Section 1: Article 3.1 (Scope of Services and Term), section 3.1.2 of the Agreement is hereby amended to state that the contract will terminate when work is complete pursuant to the project adjusted schedule as referenced in Exhibit A.
Section 2: Article 3.3 (Fees and Payments), section 3.3.1 of the Agreement is hereby amended by increasing the total compensation amount from Fifty Thousand Dollars ($50,000) to One Hundred Twenty two Thousand and Nine Hundred Dollars ($122,900), an increase of Seventy Two Thousand and Nine Hundred Dollars ($72,900).
Section 3: Exhibit “C” (Schedule of Services) to the Agreement is deleted and replaced in its entirety by Exhibit “C” to this First Amendment, which exhibit is attached hereto and incorporated herein fully by this reference.
Section 4: Exhibit “D” (Compensation) to the Agreement is deleted and replaced in its entirety by Exhibit “D” to this First Amendment, which exhibit is attached hereto and incorporated herein fully by this reference.
Section 5: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
ATTACHMENT 1
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_____CITY MANAGER_____________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BURKE, WILLIAMS AND SORENSEN, LLP
____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
__________________________
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
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EXHIBIT "A"
SCOPE OF SERVICES
There are no changes to the Scope of Work as part of this First Amendment, except for the Consultant to attend seven in-person (not virtual) meetings. In addition, the Schedule of Service and Compensation are amended as follows:
Exhibit “B”
Schedule of Services
Timeline
Month Deliverable/Task
January 2022 • Property Owner Meeting Logistics
Workshop Save-the-Date Final Flyer
Draft Survey #2
• Stakeholder interviews scheduling, property owner meeting, Provide Comments on draft Survey, Property Owner Meeting Invitation
• Stakeholder interviews (January 23-Februry 9)
February • Stakeholder interviews (January 23-Februry 9) • Community Workshop Logistics
• Text Amendment/Rezone Approach and Outline
• Site Analysis Summary
• Open Public Survey (2/10/23-3/10/23)
Community Workshop (In-Person) (2/23/23)
March Community Workshop (Virtual) (3/1/23)
• Close Public Survey (2/10/23-3/10/23)
• Public Outreach Summary Memo
• Study Session Discussion
• Annotated Text Amendment/Rezone Approach and Outline
April • 1st Draft Text Amendment
• 1st Draft Rezoning Map
• 2nd Draft Application Form/Checklist
May Design Review Subcommittee Meeting #1 05/24/23
June Design Review Subcommittee Meeting #2 06/14/23
• 2nd Draft Text Amendment
• 2nd Draft Rezoning Map
• 2nd Draft Application Form/Checklist
• Draft Hearing Documents & Notices
July PC Study Session Meeting #1 07/19/23
• Drafting of Deliverables
• City Routing & Review
August-September PC Study Session Meeting #2 08/16/23
• Drafting of Deliverables
• City Routing & Review
October-November PC Meeting 10/18 or 11/08 – Tentative
December CC Meeting 12/05 or 12/19 – Tentative
EXHIBIT "D"
Compensation
PCE's proposed budget is as follows:
TASK1.PROJECTMANAGEMENT
Project Manager .................. 25 hours
Senior Planner ..................... 10 hours
Senior Associate Planner ....... 30 hours
Assistant Planner .................. 10 hours
TOTAL HOURS .................... 75 hours
SUB-TOTAL. ........................ $13,000*
*Cost includes 21 check-in meetings
TASK 2. PUBLIC OUTREACH
Project Manager .................. 1 0 hours
Senior Planner ..................... 10 hours
Senior Associate Planner ....... 20 hours
Assistant Planner .................. 20 hours
TOTAL HOURS .................... 60 hours
SUB-TOTAL. ........................ $11,500*
*Cost includes 1 community workshop, 1 property
owner workshop, 1 community survey, and 4
interviews
TASK 3. HOUSING ELEMENT REZONING
PROGRAM
Project Manager .................. 30 hours
Senior Planner ..................... 60 hours
Senior Associate Planner ....... 60 hours
Assistant Planner .................. 38 hours
TOTAL HOURS .................... 188 hours
SUB-TOTAL. ........................ $29,000*
*Cost Includes CEQA document for rezone
TASK 5. MEETINGS AND HEARINGS
Project Manager .................. 30 hours
Senior Planner ..................... 16 hours
Senior Associate Planner ....... 16 hours
Assistant Planner .................. 16 hours
TOTAL HOURS .................... 78 hours
SUB-TOTAL. ........................ $14,000*
'Cost includes 2 Design Review Sub-Committee, 1
study session, 2 Planning Commission, 3 City
Council; assumes virtual meetings with the
exception of the first City Council hearing
TASK 6. HEARING DRAFT AND
FORM/PROCEDURAL CHANGES
Project Manager .................. 5 hours
Senior Planner ..................... 5 hours
Senior Associate Planner ....... 10 hours
Assistant Planner .................. 10 hours
TOTAL HOURS .................... 30 hours
SUB-TOTAL. ........................ $4,500
DIRECT COSTS
Travel, Printing, etc ................ $4,000
SUB-TOTAL. ........................ $4,000
TASK 4. OBJECTIVE DESIGN STANDARDS TOTAL COST NOT TO EXCEED: $104,000* Project Manager .................. 30 hours
Senior Planner ..................... 60 hours *Includes 10% built-in contingency Senior Associate Planner ....... 60 hours
Assistant Planner .................. 30 hours
TOTAL HOURS .................... 180 hours
SUB-TOTAL. ........................ $28,000*
*Cost includes CEQA document for text
amendment
*First Amendment to the Agreement to
include In-Person 7 Meetings, Direct Cost
of $18,900.
*First Amendment to the Agreement
increases the total cost not to
exceed $122,900.