Amendment No. 1 to Agreement/MIG- Housing Element Page 1 Rev. 10/25/19
Ebix Insurance No. S200003902
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
MOORE IACOFANO GOLTSMAN, INC.
PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Moore Iacofano Goltsman, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The City previously entered into an agreement with “MIG, Inc.,” whose registered business name is Moore Iacofano Goltsman, Inc., entitled “Agreement for Services between the City of Santa Clara, California, [and] MIG, Inc.”, dated February 22, 2022 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide professional consultant services to update the City’s adopted Housing Element, and the Parties now wish to amend the Agreement to create an addendum to the General Plan Environmental Impact Report for the Housing Element Update.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Exhibit A of the Agreement, entitled “Scope of Services,” is updated by appending the attached “Addendum to Scope of Services” to add new tasks to the original scope.
2. Exhibit B of the Agreement, entitled “Schedule of Fees,” is amended to reflect a revised maximum compensation value of two hundred thirty-three thousand five hundred sixty-eight dollars ($233,568).
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
Amendment No. 1 to Agreement/MIG- Housing Element Page 2 Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
MOORE IACOFANO GOLTSMAN, INC.
a California Corporation
Dated:
By (Signature):
Name: Daniel Iacofano
Title: President/CEO
Principal Place of
Business Address: 800 Hearst Avenue, Berkeley, CA 94710 Email address: [email protected]
Telephone: 510-845-7549
Fax: 510-845-8750
“CONTRACTOR”
I:\PLANNING\Admin\Contracts\M.I.G. - Moore Iacofano Goltsman, Inc\Housing Element\Amend 1\Amendment No. 1 MIG HE 2022.doc
Amendment No. 1 to Agreement/MIG – Housing Element Addendum to Scope of Services Page 1 Rev. 10/25/2019
Addendum to Scope of Services
The following tasks are to be included as additional services. A detailed description of these tasks is included in the attached proposal dated August 24, 2022.
Addendum Tasks Cost
1. Initiate Project/Data Collection $6,200
2. Prepare Admin Draft Addendum $15,000
3. Prepare Final Addendum $4,500
4. Notice of Determination $1,000
5. Meetings and Hearings $3,600
6. Project Management $3,100
Labor Cost Subtotal
$33,400
Expenses $200
GRAND TOTAL (labor +expenses)
$33,600
In no event shall the maximum compensation under this Agreement as Amended for any and all services exceed two hundred thirty-three thousand five hundred sixty-eight dollars ($233,568), subject to annual budget appropriations.
PLANNING AND ENVIRONMENTAL SERVICES
August 24, 2022
John Davidson, Principal Planner
Community Development Department
City of Santa Clara
1500 Warburton Ave
Santa Clara, CA 95050
Re: Revised Proposal for Added Services to Provide CEQA Documentation for the 6th Cycle Housing Element and Zoning Ordinance Update, City of Santa Clara
Dear Mr. Davidson:
We are pleased to submit this revised proposal for added services to provide environmental analyses and documentation to comply with the California Environmental Quality Act for the City’s 6th Cycle Housing Element and Zoning Ordinance update. These services would be provided through an amendment to MIG’s existing agreement with the City of Santa Clara to prepare the 6th Cycle Housing Element.
Based on our earlier conversations , the City intends to provide CEQA documentation through an Environmental Impact Report (EIR) Addendum that would tier off the 2010 General Plan Update EIR and several other EIRs that have been adopted after the 2010 update. We have provided a scope of work and fee to provide for the preparation and processing of an EIR Addendum
The MIG team is well qualified to provide environmental services for this project. Over the past two years , our environmental team has worked in close cooperation with our general plan team and client cities on more than a dozen CEQA documents in support of Housing Element upd ates, including EIR,s Negative Declarations, and EIR Addendums. We are familiar with the unique challenges of preparing CEQA documents for Housing Element updates. I will serve as the Principal-in-Charge for this project, and our team will be led by Bob Prasse, our Director of Environmental Services.
The statutory deadline for Housing Element adoption is January 31, 2023. To meet this deadline, we will need authorization to proceed with the Addendum by early September, 2022.
We will work closely with the City to ensure a thorough and efficient environmental review process. If you have any questions or need additional information, please contact Bob Prasse at 909-519-5871 or [email protected], or me at 626-744-9876 ext. 3090 or [email protected]. Thank you for the opportunity to assist in the preparation of environmental documentation for your project.
Regards,
Laura Stetson
Principal
Added Environmental Services, 6th Cycle Housing Element August 24, 2022 City of Santa Clara, California
2 SCOPE OF WORK
PROJECT UNDERSTANDING
MIG is currently under contract with the City to prepare the 6th Cycle Housing Element. City staff has now asked us to prepare the CEQA documentation for this update , as well a s several amendments to the general plan and zoning ordinance; many, but not all of these amendments, are related to implementation of the Housing Element update. CEQA documentation would be in the form of an EIR Addendum that would tier off the 2010 General Plan EIR and the EIRs listed below.
- Lawrence Station Area Plan EIR (2016)
- Tasman East EIR (2018)
- Gateway Crossings (2019)
- Patrick Henry Drive EIR (2022)
- Freedom Circle EIR (2022)
We anticipate that key initial steps for the Addendum will be: 1) clearly demonstrating that there is excess capacity, based on existing development level s and development projections/assumptions in the 2010 EIR and other EIRs, and 2) thoroughly evaluating the many zoning ordinance changes contemplated to ensure that they will fit into the CEQA Guidelines requirements for Addendums that a qualifying project does not increase the severity of impacts or create new impacts that were not analyzed in an earlier CEQA document. The approach we are proposing in our scope (see Task 1) is to address these items early on with a thorough and comprehensive description of each project element.
Finally, since this project will be an EIR Addendum that will not involve any increase in development potential beyond what was analyzed in the 2010 General Plan EIR or other late r EIRs, no technical studies or analyses (i.e., air quality, noise, etc.) are included in our scope of work. If for some reason it is later determined that such studies are necessary or desirable, additional scope and budget approval will be needed.
SCOPE OF WORK
.
Task 1 – Project Initiation and Project Description
A project initiation/kick -off meeting (teleconference) w ill be held with City staff and MIG to review the scope of work, schedule, project tasks, and work products. This meeting will also be an opportunity to discuss key project issues and concerns and establish communication protocols.
Another key element of this task will be the preparation of a thorough and comprehensive project description. As part of this effort, the kick-off meeting should include an in-depth discussion with City staff about the various components of the project including the Housing Element, amendments to the General Plan including: deletion of three Future Focus Areas (Lawrence Station Phase II, Central Expressway, and De la Cruz); General Plan text amendments to reflect current use patterns in industrial districts including in the LO-RD and HO-RD (low and high-intensity office). Also included is a zoning code update which involves an extensive list of re visions whose primary function is to create use districts that align with and implement the General Plan . Following the kick-off meeting, MIG will prepare a draft project description for City review and comment. MIG will then provide a revised draft for City approval; once approved, the project description will provide the foundation for analysis of potential project impacts (or lack thereof).
Added Environmental Services, 6th Cycle Housing Element August 24, 2022 City of Santa Clara, California
3 Task 2 – Prepare Administrative Draft Addendum
The potential impacts identified in the 2010 EIR and other EIRs will be compared to the potential impacts of the proposed project to determine if new or more severe impacts may occur. To document this evaluation/comparison, an “Appendix G” Initial Study checklist will be used to briefly summarize findings and conclusions reached for each issue area (i.e., air quality, traffic, land use, etc.), a discussion of the impacts of the proposed project compared to the originally approved EIR (s) will be provided for each checklist question. At the end of the discussion for each issue area, conclusions will be made regarding whether the impacts of the project will be greater than the impacts identified in the EIR(s).
The administrative draft Addendum will be provided to the City for review and comment. We have budgeted for one round of comments and review with the City. Following comments/revisions by the City, MIG will prepare a final version of the Addendum for use during the public hearing process for the project.
Task 3 – Prepare Final Addendum
Following receipt of city comments (in a single consolidated comment document) on the administrative draft Addendum. MIG will prepare a screen check addendum that incorporates the city revisions and comments. MIG will then submit the screen check draft for final review and comment by the city. Upon approval of the screen check document, MIG will finalize the Addendum.
Task 4 – Notice of Determination
No later than the first business day following the city’s approval of the project, MIG will provide for the city’s review a Notice of Determination (NOD) consistent with Section 15094 of the CEQA Guidelines.
Task 5 – Meetings and Hearings
This task assumes MIG’s participation in up to two virtual meetings with City staff and two public hearings for the adoption of the Addendum. The meetings and hearings will be attended by MIG team members responsible for the preparation of the Addendum. The budget for this task does not include the project kick-off meeting which is covered under Task 1.
Task 6 – Project Management
MIG recognizes that frequent, immediate, and clear communication with the project team is essential to keep the environmental review phase of the project on track. MIG has allocated budget for communication and coordination with the City and other project team members to ensure we can communicate clearly and effectively. Additionally, this budget covers contractual matters, case administration, and our quality control review process.
Added Environmental Services, 6th Cycle Housing Element August 24, 2022 City of Santa Clara, California
4 BUDGET
The base cost for this project is estimated at $33,400. Costs are provided on a not -to-exceed basis, although we request that we be permitted to re -allocate costs among tasks, provided the total project budget is not exceeded. Expenses will be billed at cost plus ten percent . Invoicing will occur monthly , based on time and materials. Payments are due and payable within 30 days of receipt of invoice to MIG, 800 Hearst Avenue, Berkeley, CA 94710. As the project progresses, if there is a change in scope or additional time and efforts are needed, an amendment to the budget will be requested before proceeding.
A summary budget is provided below.
Addendum Tasks Cost
1. Initiate Project/Data Collection $6,200
2. Prepare Admin Draft Addendum $15,000
3. Prepare Final Addendum $4,500
4. Notice of Determination $1,000
5. Meetings and Hearings $3,600
6. Project Management $3,100
Labor Cost Subtotal $33,400
Expenses $200
GRAND TOTAL (labor +expenses) $33,600