Ebix Insurance No. S200003854
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
MINTIER HARNISH, LP
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Mintier Harnish, a California Limited Partnership (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 Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and Between the City of Santa Clara, California, and Mintier Harnish, LP", dated November 10, 2017 (the "Original Agreement"); B. The Agreement was previously amended by Amendment No. 1, dated August 27, 2019, and is again amended by this Amendment No. 2. The Agreement and previous amendment are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Original Agreement for the purpose of having Contractor prepare a comprehensive Zoning Code update, and the Parties now wish to amend the Agreement as Amended to extend the termination date and expand the time and funding dedicated to remaining tasks in the Scope of Services for preparation of the Zoning Code update.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AMENDMENT TERMS AND CONDITIONS
A. That Section 5 of the Agreement as Amended, entitled "Term of Agreement," is hereby amended to revise the termination date of the Agreement to December 31, 2021.
B. That Exhibit A of the Agreement as Amended, entitled "Revised Scope of Services," is hereby appended with the attached "Remaining Tasks," dated May 5, 2020.
C. That Exhibit B of the Agreement as Amended, entitled "Revised Fee Schedule," is hereby appended with the attached "Appendix to Schedule of Fees," dated May 12, 2020.
Amendment No. 2 to Agreement/ Mintier Harnish -Zoning Code Update Rev. 08/28/2018
2. TERMS
All other terms of the Agreement as Amended which are not in conflict with the provisions of this Amendment No. 2 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
3. COUNTERPARTS
This Amendment No. 2 may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
Approved as to Form:
B~ tf' DEANN
City Attorney
"CITY"
City Ma ger
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
MINTIER HARNISH, LP
a California Limited Partnership
Dated: __ 0_6_12~4
1 .-,2 __ -H_~-20,-----___________ _
By (Signature): -----++--#-+-------------- Name: Jim Har i Title: Principal/Owner
Principal Place of 1415 20th Street
Business Address: Sacramento, CA 95811
Email Address: [email protected]
Telephone: (916) 446-0522
Fax: (916) 446-7520
"CONTRACTOR"
l:\PLANNING\Admin\Contracts\Mintier Harnish\Amendment No. 2\Amendment No. 2 -Form.doc Amendment No. 2 to Agreement/Mintier Harnish -Zoning Code Update Rev. 08/28/2018
Santa Clara Zoning Code Update
Remaining Tasks
May 5, 2020
Task 1. The Consultants will review and discuss with City staff the City Attorney comments on Preliminary Draft Articles 6, 7, and 8. The Consultants will then revise Articles 6, 7, and 8 for City staff review.
Task 2. The Consultants will revise selected Articles, as necessary, to incorporate City staff generated provisions, including short-term rentals and telecommunications. The Consultants will incorporate the revisions into the Screencheck Public Review Draft Zoning Code (Task 4).
Task 3. The Consultants will prepare objective multifamily residential design standards based on design standards prepared as a part of the El Camino Real Specific Plan and submit to City staff for review.
Following City staff review, the Consultants will revise the design standards and incorporate them into the Screencheck Draft Article 4 (Task 4).
Task 4. The Consultants will revise all articles based on City staff review. The Consultants will prepare a Screencheck Draft Public Review Zoning Code for City staff review.
Task 5. Following City staff review of the Screencheck Public Review Draft Zoning Code, the Consultants will prepare the Public Review Draft Zoning Code.
Task 6. The Consultants will prepare for and attend one City Council or Joint Planning Commission/City Council meeting to present the Public Review Draft Zoning Code.
Task 7. Following public review, the Consultants will incorporate all revisions to the Public Review Draft Zoning Code directed by the City Council and City staff. The Consultants will then prepare a Screencheck Final Zoning Code for City staff review.
Task 8. Based on City staff comments, the Consultants will prepare the Final Zoning Code.
Task 9. The Consultants will participate in weekly coordination calls with City staff. The Consultants will prepare monthly progress reports as a part of the project invoices and manage the Project schedule and budget.
Appendix to Schedule of Fees
May 12, 2020
SANTA CLARA ZONING CODE UPDATE
PHASES
HARNISH
Project
Director
B. GIBBONS
Project
Manager
M. GIBBONS
Planner Support
SUBTOTAL
HOURS
SUBTOTAL
COSTS
JACOBSON
Principal
SUBTOTAL
HOURS
SUBTOTAL
COSTS
TOTAL
COSTS
Task 1: Revise Prelim Draft Articles 6, 7, & 8 based on CAO comments 4 8 12 $2,260 20 20 $4,000 $6,260 Task 2: Incorporate short-term rentals and telecommunications 4 12 12 28 $4,620 4 4 $800 $5,420 Task 3: Prepare objective multifamily design standards 4 12 16 32 $5,180 4 4 $800 $5,980 Task 4: Revise all Articles based on staff review (Screencheck) 8 16 24 48 $7,880 16 16 $3,200 $11,080 Task 5: Prepare Public Review Draft Zoning Code. 4 8 12 24 $3,940 8 8 $1,600 $5,540 Task 6: Attend City Council (or Joint Commission Council) meeting 8 8 8 24 $4,280 12 12 $2,400 $6,680 Task 7: Prepare Screencheck Final Zoning Code. 8 12 24 44 $7,200 16 16 $3,200 $10,400 Task 8: Prepare Final Zoning Code 4 8 12 24 $3,940 8 8 $1,600 $5,540 Task 9: Project Management (weekly calls, invoicing, budget mgt.) 24 32 32 88 $14,040 24 24 $4,800 $18,840 Subtotal 68 116 108 32 324 $53,340 112 112 $22,400 $75,740 TOTAL
Total Hours 68 116 108 32 324 - 112 112 - -
2020 Hourly Billing Rates (subject to change every January 1st) $225 $170 $140 $100 - - $200 - - - Labor Subtotals $15,300 $19,720 $15,120 $3,200 - $53,340 $22,400 - $22,400 $75,740 Direct Expenses (e.g., printing, travel) $1,500 $1,000 $2,500 Remaining Funds of Amend. No. 1 (as of 3/31/2020) ($27,800) TOTAL COST OF AMENDMENT NO. 2 TASKS $54,840 $23,400 $50,440 REVISED CONTINGENCY $25,000
TOTAL VALUATION OF AGREEMENT AS AMENDED $323,690
1) This represents a total cost based on the provided scope of work. 2) The distribution of hours between staff categories and tasks are an estimate. While the total costs will not change, the distribution of hours/costs may vary depending on actual execution.
Mintier Harnish Jacobson & Wack
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
20-576 Agenda Date: 6/23/2020
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 2 to the Agreement with Mintier Harnish, LP, for preparation of the Zoning Code Update and Approval of Related Budget Amendment [Council Pillar: Promote and Enhance Economic, Housing and Transportation Development]
BACKGROUND
The City is in the process of the first comprehensive update of the City’s Zoning Code since its original adoption in 1969. The City completed a competitive RFP process in 2017 and selected Mintier Harnish to provide consulting services to support the comprehensive Zoning Code Update including technical assistance and production of the updated Zoning Code document. The City entered into an Agreement with Mintier Harnish on November 10, 2017, and first amended the Agreement on August 20, 2019, to expand the scope of services in response to changes in State law and additional community input.
DISCUSSION
While the consultant’s work performance to date is consistent with the approved scope and terms of the original Agreement, as amended, the hours budgeted for the proposed project scope with this second amendment have been expanded. The raft of State laws enacted since the commencement of the Zoning Code Update process have prompted the need to create and refine additional code language beyond what was originally anticipated. Specifically, the updated scope includes:
§ Additional time to finalize new code provisions for the processing of permits, zoning changes and the recognition of the General and Specific Plan Amendment processes in the zoning code;
§ Incorporation into the zoning code of new standards for telecommunications installations; § Objective development standards for certain affordable housing projects; § Refinement and incorporation of short-term and long-term rental regulations; § Incorporation of new zoning districts related to the El Camino Real Specific Plan; § Incorporation of transition diagrams and other form-based elements from the El Camino Real Specific Plan into the Zoning Code Update.
The scope has also been revised to eliminate tasks that City staff are planning to perform in-house, such as the preparation of the new zoning map, and to focus the consultants’ work on helping staff draft new code provisions consistent with current land use development patterns and changes to state law.
The proposed Amendment will enable the consultant to continue to support the City’s effort to comprehensively update the Zoning Code, now anticipated for completion in early 2021.
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20-576 Agenda Date: 6/23/2020
ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The proposed amendment includes an increase of $75,440 for additional consulting services related to the expanded project scope which is based on continued refinement of zoning provisions in light of changes to development patterns and changes in State law. The Zoning Code Update Capital Improvement Project has a remaining balance of $39,073 that is available for payments towards the proposed amended agreement. Staff is recommending that funds in the amount of $36,367 be allocated from the Advanced Planning Reserve to cover the total cost of Amendment No. 2.
The budget amendment below allocates funding from the Advanced Planning Reserve in the General Fund to the Zoning Code Update Project in the General Government Capital Fund in the amount of $36,367.
Budget Amendment
FY 2019/20
Current Increase/
(Decrease)
Revised
General Fund
Reserve
Advanced Planning Fee $678,777 ($36,367) $642,410
Transfers To
General Government Capital Fund
- Zoning Code Update Project
$1,201,881 $36,367 $1,238,248
General Government Capital
Fund
Transfers From
General Fund $1,201,881 $36,367 $1,238,248
Expenditures
Zoning Code Update Project $118,084 $36,367 $154,451
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website City of Santa Clara Printed on 6/19/2020Page 2 of 3
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20-576 Agenda Date: 6/23/2020
and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
1. Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for the Performance of Services with Mintier Harnish, LP, for preparation of the Zoning Code Update with an increase of $75,440 for a total contract cost not to exceed $323,690; and
2. Approve the related FY 2019/20 budget amendment in the General Fund to reduce the General Fund Advanced Planning Reserve and increase the transfer to the General Government Capital Fund by $36,367; in the General Government Capital Fund, increase the transfer from the General Fund and the Zoning Code Update Capital Improvement Project by $36,367.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Amendment No. 2 to Service Agreement with Mintier Harnish, LP
2. Amendment No. 1 to Service Agreement with Mintier Harnish, LP
3. Original Agreement with Mintier Harnish, LP
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