HomeMy WebLinkAboutDe Novo Planning Group - West Area Specific Plan - Amdt. 1 - 20211
FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into effect
the __ day of January 2021, between the CITY OF FRESNO, a California municipal
corporation (City), and DE NOVO PLANNING GROUP, a California corporation
(Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an agreement on
March 5, 2019, (Agreement) to provide professional planning services for the Specific Plan
of the West Area Environmental Impact Report and Infrastructure Financing Plan (Project);
and
WHEREAS, City and Consultant desire to increase the scope of work by requiring
additional services beyond those services referenced in the Project, increase the total
compensation for satisfactory performance of all services required or rendered pursuant to
this amendment to $429,606, and to increase the contract performance period to
December 31, 2021.
AGREEMENT
NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended
as follows:
1. The services of Consultant shall be modified as defined in Exhibit A: Budget
Reallocation Request for Specific Plan of the West Area and augmented as defined in
Exhibit B Budget Augmentation Request for the Specific Plan of the West Area, attached
hereto and incorporated herein by reference.
2. The Consultant’s sole compensation for satisfactory performance of all
services required or rendered pursuant to this Amendment shall be a total fee of $29,880,
for a total contract value of $429,606.
3. Contract performance period shall be extended to December 31, 2021.
4. In the event of any conflict between the body of this Amendment and any
exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall
control and take precedence over the terms and conditions expressed within the exhibit or
attachment. Furthermore, any terms or conditions contained within any exhibit or
attachment hereto which purport to modify the allocation of risk between the Parties,
provided for within the body of this Amendment, shall be null and void.
5. Except as otherwise provided herein, the Agreement entered into by the City
and the Consultant on March 5, 2019, remains in full force and effect.
[Signatures follow on the next page.]
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2
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Jennifer K. Clark, Director of
Planning & Development
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Brandon M. Collet Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By:
Date
Deputy
De Novo Planning Group
A California Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
Addresses:
CITY:
City of Fresno
Attention: Summer Cecil, Project
Manager
2600 Fresno Street, Rm. 3065
Fresno, CA 93721
Telephone No: (559) 621-8166
CONSULTANT:
De Novo Planning Group
Attention: Steve McMurtry
Principal
1020 Suncast Lane #106
El Dorado Hills, CA 95762
Telephone No: (916) 580-9818
DocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C
Principal/CEO
Ben Ritchie
1/6/2021
1/6/2021
Beth Thompson
Secretary
1/7/2021
1/7/2021
2/5/2021
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
September 29, 2020
Attn: Casandra Lauderdale
City of Fresno
Development and Resources Management
2600 Fresno Street, Third Floor, Room 3043
Fresno, CA 93721
Subject: Budget Reallocation Request for Specific Plan of the West Area
De Novo Planning Group is submitting a budget reallocation request in the amount of $23,206 to cover the
funds that are needed for West Yost and Kittleson to cover the additional work associated with the
Infrastructure analysis. The budget reallocation results in no net change to the total budget. The reallocation is
associated with several tasks and direct costs. The breakdown is provided below and a summary is on the
following page:
1.Reallocate $3,350 of directs costs from Phase 3 and 4 tasks to Task 2.8 Technical Infrastructure
Background Report.
2.Reallocate $19,856 from Phase 5 Certifications to Task 2.8 Technical Infrastructure Background Report.
Given the ability to attend the City Council meeting virtually, we have allowed for a small residual
amount for time to call in to the meeting instead of attending in person.
The contract amount, including other consultants not affected by this amendment, remains at $399,726 so there
is no net change. On the following pages I have a spreadsheet detailing the changes, as well as a written
description of the changes. If you have any questions please do not hesitate to contact me at 916-580-9818.
Sincerely,
DE NOVO PLANNING GROUP
Steve McMurtry
Principal
EXHIBIT A
DocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
TABLE 1: BUDGET SUMMARY
TASK/ACTIVITY
Original
Budget
Amended
Budget
Original
Budget
Amended
Budget
Original
Budget
Amended
Budget
Original
Budget
Amended
Budget
Net
Change
Kittelson & Associates West Yost Associates De Novo Direct Costs
PHASE 1: PROJECT INITIATION
Task 1.1 Kickoff Meeting $ 2,590.00 $ 2,590.00 $ 200.00 $ 200.00 $ -
Task 1.2 Notices $ 460.00 $ 460.00 $ 100.00 $ 100.00 $ -
Task 1.3 Scoping Meeting $ 2,040.00 $ 2,040.00 $ 100.00 $ 100.00 $ -
Task 1.4 Project Description $ 2,130.00 $ 2,130.00 $ - $ - $ -
Task 1.5 Project Management $ 11,233.00 $ 11,233.00 $ 3,360.00 $ 3,360.00 $ - $ - $ -
PHASE 1 SUBTOTAL $ 11,233.00 $ 11,233.00 $ - $ - $ 10,580.00 $ 10,580.00 $ 400.00 $ 400.00 $ -
PHASE 2: TECHNICAL STUDIES
Task 2.1 Air Quality and Greenhouse Gas Emissions $ 6,550.00 $ 6,550.00 $ - $ - $ -
Task 2.2 Infrastructure Cost Analysis and Funding
Matrix $ 21,953.00 $ 21,953.00 $ 23,554.00 $ 23,554.00 $ - $ - $ - $ - $ -
Task 2.3 Traffic Impact Analysis $ 46,593.00 $ 46,593.00 $ - $ - $ - $ - $ -
Task 2.4 Biological Resources Study $ 4,540.00 $ 4,540.00 $ - $ - $ -
Task 2.5 Water Supply Assessment $ 25,136.00 $ 25,136.00 $ - $ - $ - $ - $ -
Task 2.6 Cultural Resources Report $ - $ - $ - $ - $ -
Task 2.7 Noise Analysis $ - $ - $ - $ - $ -
Task 2.8 Technical Infrastructure Background
Report $ 4,500.00 $ 21,204.00 $ 39,910.00 $ - $ - $ - $ -
$
23,206.00
PHASE 2 SUBTOTAL $ 68,546.00 $ 73,046.00 $ 69,894.00 $ 88,600.00 $ 11,090.00 $ 11,090.00 $ - $ - $23,206.00
PHASE 3: DRAFT ENVIRONMENTAL IMPACT REPORT
Task 3.1 Administrative Draft EIR $ 3,140.00 $ 3,140.00 $ 29,310.00 $ 29,310.00 $ - $ - $ -
Task 3.2 Screencheck Draft EIR $ 1,530.00 $ 1,530.00 $ 11,620.00 $ 11,620.00 $ 200.00 $ - $ (200.00)
Task 3.3 Public Draft EIR $ 1,530.00 $ 1,530.00 $ 14,340.00 $ 14,340.00 $ 1,800.00 $ - $(1,800.00)
PHASE 3 SUBTOTAL $ 6,200.00 $ 6,200.00 $ - $ - $ 55,270.00 $ 55,270.00 $ 2,000.00 $ - $(2,000.00)
PHASE 4: FINAL ENVIRONMENTAL IMPACT REPORT
Task 4.1 Administrative Draft Final EIR $ 1,530.00 $ 1,530.00 $ 15,420.00 $ 15,420.00 $ - $ - $ -
Task 4.2 Screencheck Draft Final EIR $ 11,950.00 $ 11,950.00 $ 6,860.00 $ 6,860.00 $ 150.00 $ - $ (150.00)
Task 4.3 Final EIR $ 3,430.00 $ 3,430.00 $ 1,200.00 $ - $(1,200.00)
Task 4.4 Findings of Fact and SOC $ 2,850.00 $ 2,850.00 $ 7,000.00 $ 7,000.00 $ - $ - $ -
PHASE 4 SUBTOTAL $ 16,330.00 $ 16,330.00 $ - $ - $ 32,710.00 $ 32,710.00 $ 1,350.00 $ - $(1,350)
PHASE 5: CERTIFICATION
Task 5.1 Planning Commission (2) $ 8,653.00 $ - $ 4,460.00 $ - $ 250.00 $ -
$(13,363.0
0)
Task 5.2 City Council (1) $ 4,463.00 $ - $ 2,420.00 $ 440.00 $ 50.00 $ - $(6,493.00)
PHASE 5 SUBTOTAL $ 13,116.00 $ - $ - $ - $ 6,880.00 $ 440.00 $ 300.00 $ - $(19,856)
PHASE 6: INFRASTRUCTURE FINANCING PLAN
Task 6.1 Document Review $ - $ - $ - $ - $ -
Task 6.2 Infrastructure Evaluation $ - $ - $ - $ - $ -
Task 6.3 Report $ - $ - $ - $ - $ -
Task 6.4 Financial Evaluation $ - $ - $ - $ - $ -
PHASE 6 SUBTOTAL $ - $ - $ - $ - $ - $ - $ - $ - $ -
Totals $ 115,425.00 $ 106,809.00 $ 69,894.00 $ 88,600.00 $ 116,530.00 $ 110,090.00 $ 4,050.00 $ 400.00 $ -
DocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Scope Changes
Scope of Work Removed (Total Reduced $19,856)
The following task from the Original Scope of Work is Removed. We understand that City staff will not require
Kittelson staff to attend the Planning Commission or City Council hearings to consider approval of the Specific
Plan and EIR. In addition, De Novo’s budget under task 5.1 Planning Commission hearings is removed, and the
City Council hearing is reduced to $440, which will involve attendance of one virtual City Council meeting for De
Novo. This reduction in scope will reduce the budget by $19,856.
Task 5.1 Planning Commission and Task 5.2 City Council
No attendance by Kittleson at hearings. No attendance at PC by De Novo. Attendance at one CC hearing via virtual call in for De Novo.
Direct Costs Removed (Total Reduced ($3,350)
Direct costs associated with printed hard copies, burning CDs, etc. were included in the Original Scope of Work
Phase 3 and 4 but is being removed under this Budget Amendment. We understand that City staff will not require
De Novo to produce or distribute these documents for review, instead the City will handle this task in house. This
reduction in scope will reduce the budget by $3,350.
Task 3.2/Task 3.3/4.2/4.3
No printed copies (Email electronic copy only)
Scope of Work Added (Total Added $23,206)
Phase 2 Technical Studies
Task 2.8 Technical Infrastructure Background Report
ADDITIONAL SCOPE OF SERVICES TO COMPLETE THE REPORTS
West Yost: To complete the Background Utility Technical Report and WSA, West Yost will address City comments on the draft reports.
This work is part of the currently authorized scope of services.
Completing the Infrastructure Evaluation will require a greater level of effort. Based on the April 3rd conference call, the currently
anticipated scope of services for the various wet utilities is described below.
Potable Water: West Yost will work with City staff to determine the additional water supply wells required, the extent of transmission
grid mains and regional transmission mains, and the proportion of the infrastructure outside the Specific Plan area to be allocated to the
Specific Plan area.
Wastewater: West Yost will review the list of projects for the Specific Plan that are to be provided by the City. West Yost will escalate the
estimated project cost to present day dollars. Only projects within the Specific Plan area will be included unless a proportionate share of
projects (likely trunk mains and treatment) outside the Specific Plan area is provided by the City.
Stormwater: West Yost will prepare a data request memo for the City to coordinate with Flood Control District staff. West Yost will use
project or unit costs provided by District staff or develop unit costs for stormwater infrastructure based on wastewater unit costs. Only
projects within the Specific Plan area will be included.
DocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C
5175 Vincent Avenue Project Status and Budget Augment Request to Cover Out of Scope Tasks 4
De Novo Planning Group
Recycled Water: Based upon the City’s decision, West Yost will either use the projects described in the Recycled Water Master Plan or
projects provided by the City. Only projects within the Specific Plan area will be included unless a proportionate share of all city-wide
recycled water projects (similar to the water transmission mains and treatment) is provided by the City.
Kittleson:
1.Determine infrastructure requirements with “typical” development densities.
a.Kittelson will propose a reduced set of FARs for the non-residential land uses in the Specific Plan area for review by the City
of Fresno.
b.Based on one set of comments and adjustments on the land use assumptions, Kittelson will rerun the travel demand model
for cumulative plus project conditions to generate traffic volumes representing a more typical development potential in the
west area. The updated model will also include a connection between Gettysburg and Golden State providing another
access point between the west area and SR 99
c.Based on the volumes from the travel demand model for the more realistic FAR scenario, Kittelson will perform an
operations analysis at the study intersections and make recommendations on intersection configurations and road cross-
sections under cumulative plus project conditions.
d.Kittelson will document the findings of this analysis in a draft technical memorandum. Based on one set of comments, the
memorandum will be updated and finalized.
e.Since this would require an additional land use quantification and model run, Kittelson requests an additional $4,500 to
complete this work.
DocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
August 4, 2020
Attn: Casandra Lauderdale
City of Fresno
Development and Resources Management
2600 Fresno Street, Third Floor, Room 3043
Fresno, CA 93721
Subject: Budget Amendment Request for Specific Plan of the West Area
De Novo Planning Group is submitting a budget Amendment request in the amount of $9,894 to cover the funds
that are needed for West Yost to cover the additional work associated with completing the Infrastructure
analysis. The contract amount, including other consultants not affected by this amendment, is increased to
$409,620. On the following pages I have a spreadsheet detailing the changes, as well as a written description of
the changes. If you have any questions please do not hesitate to contact me at 916-580-9818.
Sincerely,
DE NOVO PLANNING GROUP
Steve McMurtry
Principal
EXHIBIT BDocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C
De Novo Planning Group A Land Use Planning, Design, and Environmental Firm
Scope Changes
Scope of Work Added (Total Added $9,894)
Phase 2 Technical Studies
Task 2.8 Technical Infrastructure Background Report
ADDITIONAL SCOPE OF SERVICES TO COMPLETE THE REPORTS
To complete the Background Utility Technical Report and WSA, West Yost will address City comments on the draft reports. This work is
part of the currently authorized scope of services.
Completing the Infrastructure Evaluation will require a greater level of effort. Based on the April 3rd conference call, the currently
anticipated scope of services for the various wet utilities is described below.
Potable Water: West Yost will work with City staff to determine the additional water supply wells required, the extent of transmission
grid mains and regional transmission mains, and the proportion of the infrastructure outside the Specific Plan area to be allocated to the
Specific Plan area.
Wastewater: West Yost will review the list of projects for the Specific Plan that are to be provided by the City. West Yost will escalate the
estimated project cost to present day dollars. Only projects within the Specific Plan area will be included unless a proportionate share of
projects (likely trunk mains and treatment) outside the Specific Plan area is provided by the City.
Stormwater: West Yost will prepare a data request memo for the City to coordinate with Flood Control District staff. West Yost will use
project or unit costs provided by District staff or develop unit costs for stormwater infrastructure based on wastewater unit costs. Only
projects within the Specific Plan area will be included.
Recycled Water: Based upon the City’s decision, West Yost will either use the projects described in the Recycled Water Master Plan or
projects provided by the City. Only projects within the Specific Plan area will be included unless a proportionate share of all city-wide
recycled water projects (similar to the water transmission mains and treatment) is provided by the City.
DocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C
Specific Plan of the West Area
First Amendment Budget Increase
Planning and Development Department
Original Contract 399,726.00$
Additional Funding Required for Scope 9,894.00$
Contingency (5% of Original Contract Price)19,986.00$
New Contract Price 429,606.00$
DocuSign Envelope ID: BD35CF3F-7E3D-485A-98E7-5ABBFFB1D43C