1 SECOND MODIFICATION OF AGREEMENT NO. 108300 (CCS)
This Second Modification of Agreement Number 108300 (CCS) (“Second Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and HR&A Advisors, Inc. (“HR&A”) is made with reference to the following:
RECITALS
A. On or about September 23, 2020, the City and HR&A entered into Agreement Number 108300 (CCS) for professional services to support drafting and approval of the pending Housing Element update (“Original Agreement”).
B. On or about August 10, 2021, the City and HR&A entered into a First Modification of Agreement Number 108300 (CCS) (“First Modification”) for additional services and to extend the term of the contract. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and HR&A desire to modify the Agreement to include additional services to be performed by HR&A, increase the agreement price to pay for those additional services and extend the term of the agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2023, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Section 2 of the Agreement entitled “HR&A Services” shall be modified by adding the following paragraph:
Additional Services. HR&A will perform and complete all of the additional services (“Additional Services”) described in and in accordance with Exhibit A-2, Scope of Services and Budget.
3. Section 4 of the Agreement entitled “Compensation” shall be modified by adding the following paragraph:
Compensation. The City will compensate HR&A for the Additional Services in an amount not to exceed $50,000, as set forth in Exhibit A2. The total agreement price for services pursuant to the Original Agreement, the First Modification, and this Second Modification shall not exceed $308,900.
4. Exhibit A-2 is attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: C653D505-FE4B-4228-ACBF-8E27073A1A71 7/14/2022
2 5. Execution in Counterparts. This Second Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Second Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: C653D505-FE4B-4228-ACBF-8E27073A1A71 7/12/2022
City Attorney
DOUGLAS SLOAN
7/12/2022
Paul J. Silvern, Vice President
Paul J. Silvern
HR&A Advisors, Inc.
City Manager
7/14/2022
David White
City Clerk
7/19/2022
Denise Anderson-Warren
3 Exhibit A-2
Scope of Services and Budget
DocuSign Envelope ID: C653D505-FE4B-4228-ACBF-8E27073A1A71 New York | Dallas | Los Angeles | Raleigh | Washington DC January 19, 2022
via email to: [email protected]
Jing Yeo
Planning Manager
Community Development Dept. City Hall, Room 212
1685 Main Street, Santa Monica, CA 90404
Re: Additional Services to Update 2019 AHPP Analysis
Dear Jing:
Per your request, HR&A Advisors, Inc. (HR&A) is pleased to provide additional services and revise our scope of work under the Professional Services Agreement entered into as of November 23rd, 2020, by and between the City of Santa Monica (City) and HR&A. This effort includes updating feasibility analysis for 14 prototypes from our previous analysis, modelling 14 new prototypes in additional commercial areas, and updating real estate market and construction cost assumptions for selected market areas. The new prototypes also include examining the development capacity of city-owned sites and feasibility testing to determine whether increased development standards and/or new affordable housing requirements (i.e., in terms of percentages, unit mix and affordability levels) can accelerate development of mixed-income housing on cityowned sites and R-1 neighborhoods. HR&A has engaged John Kaliski Architects (JKA), Danielian Associates, and MGAC as subconsultants to provide support on design services, cost estimating and public meetings.
The following sections of this letter present an overview of HR&A’s proposed additional services and updated budget to update 2019 AHPP Analysis and support your Housing Element update.
PROPOSED ADDITIONAL SERVICES
Additional Feasibility Testing ($28,020)
HR&A will conduct a series of additional feasibility testing for the minimum floor-area-ratio (FAR) and building height with different assumptions regarding affordability mix and requirements, parking requirements, ground floor program, replacement unit requirement, as well as the amount of on-site and offsite affordable units a 20-unit project can support in Commercial Zones with both condo and rental programs.
Deliverables: HR&A presentation briefing materials with the results of feasibility testing Allowance for Design Consultant (Reimbursement to JKA - $6,980) The additional services are for John Kaliski Architects (JKA) to review daylight plane requirements and provide illustration of viable options in plan and sections. JKA shall illustrate options in relationship to a maximum of three (3) different lot depths and three (3) height above-grade options. JKA will also review height and FAR requirements in discussion with HR&A based on the results of the feasibility testing.
Deliverables: Illustration of daylight plane requirements based on different lot depths and building heights Additional Public Meeting Support ($15,000)
This task is an allowance for HR&A to appear at public meetings to present and discuss the results of this analysis. For budgeting purposes, the schedule and budget assume two with the Planning Commission and one with the City Council, including time to prepare materials for the meetings, contribute to relevant sections of staff reports and PowerPoint presentations, and participate in the meetings. The schedule for these meetings will be determined in consultation with City staff.
Deliverables: HR&A presentation briefing materials and, as needed, written comments on companion City staff presentation.
DocuSign Envelope ID: C653D505-FE4B-4228-ACBF-8E27073A1A71 HR&A Advisors, Inc. Proposal re: Santa Monica AHPP Update and Housing Element Support | 2
PROPOSED REVISED BUDGET
HR&A will complete the additional services with a revised contract total amount of $308,900 allocated by task approximately as follows:
TASKS BUDGET
TASK 1: KICK-OFF MEETING 4,000
TASK 2: SPECIFY 24 PROTOTYPES 26,000
TASK 3: UPDATE MARKET ASSUMPTIONS 24,000
TASK 4: BASE CASE AND INITIAL ANALYSIS CASE FEASIBILITY MODELS 50,000 TASK 5: DOCUMENT 100% A.H OPPORTUNITIES AND CONSTRAINTS 5,000 TASK 6: PRELIMINARY RESULTS BRIEFING AND MEETING 8,000
TASK 7: ALLOWANCE FOR FURTHER FEASIBILITY TESTING 24,000 TASK 8: ALLOWANCE FOR REVISED RESULTS BRIEFING 8,000
TASK 9: DRAFT AND FINAL MEMORANDUM REPORT. 12,000
TASK 10: STAKEHOLDER BRIEFINGS 8,000
TASK 11: PRESENTATIONS TO COMMISSIONS & CITY COUNCIL 20,000 TASK 12: COVID-19 UPDATES 15,000
SUBCONTRACTOR SERVICES 15,000
SUBTOTAL: $219,000
APPROVED ADDITIONAL SERVICES:
R -1 DIAGRAMS 9,900
ADDITIONAL PUBLIC MEETING SUPPORT 30,000
SUBTOTAL: $258,900
PROPOSED ADDITIONAL SERVICES:
ADDITIONAL FEASIBILITUY TESTING 28,020
ALLOWANCE FOR DESIGN CONSULTANT 6,980
ADDITIONAL PUBLIC MEETING SUPPORT 15,000
REVISED TOTAL: $308,900
**********************
We hope you find the foregoing proposal responsive to the City’s needs. Once finalized, we assume City staff will update our existing contract with the revised scope of work and compensation. We are very familiar with the City contract, and related City contract requirements, and take no exceptions to their terms or conditions.
We can be available to discuss this proposal with you and your colleagues as needed to clarify any issues or discuss any amendments that may be required. We look forward to the possibility of working with you and the other members of the City project team on this assignment.
Sincerely,
PAUL J. SILVERN,
Vice President
DocuSign Envelope ID: C653D505-FE4B-4228-ACBF-8E27073A1A71