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HomeMy WebLinkAboutWallace, Roberts, and Todd (WRT) - First Amendment to Agreement - 06.07.23FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 7th day of June 2023, between the CITY OF FRESNO, a California municipal corporation (City), and Wallace, Roberts, and Todd (WRT), a Limited Liability Company (CONSULTANT). RECITALS WHEREAS, the CITY and CONSULTANT entered into an Agreement on April 28, 2022, (Agreement) to obtain professional planning and environmental planning services for the Tower District Specific Plan Update (Project); and WHEREAS, CITY and CONSULTANT desire to modify the Agreement to increase the total contract amount by an additional $170,590. and WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: The recitals to this Agreement are incorporated and made a part of this Amendment. 2. The services of CONSULTANT shall be modified as defined in Exhibit A: Tower District Specific Plan Update for additional scope and fee proposal, attached hereto and incorporated herein by reference. 3. The fee as referenced in Exhibit A of $400,000 shall be increased by $170,590 for a total of $570,590. 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 April 28, 2022, remains in full force and effect. [Signatures follow on the next page.] IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal corporation By: (��V__Oelx�_ — Jenrr K.' lark, Dire of Planning & Development APPROVED AS TO FORM: ANDREW JAN City rr y; By: L3 Bfancon M. Collet date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: -�'6 Deputy- Date Addresses: CITY: City of Fresno Attention: Nadia Salinas Project Manager 2600 Fresno Street, Rm. 3065 Fresno, CA 93721 Telephone No: (559) 621-8150 Attachment: 1. Exhibit A - Scope of Services Wallace_ RnhertG and Todd_ LLC Nan Title:pri +i �' (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Title: N (If core ration or I-LIC.,CrO., Treasurer, Secretary or Assistant Secretary) _215LIS CONSULTANT: WRT, LLC Attention: Peter Winch, AICP 478 Tehama, Suite B San Francisco, CA 974103 Phone: (415) 575-4722 E-mail: pwinch@wrtdesign.com 2 EXHIBIT A WRT April 20, 2023 Casey Lauderdale, Supervising Planner City of Fresno I Planning and Development 2600 Fresno Street Room 3065 Fresno, CA 93721 Via email Re: Tower District Specific Plan Update: Additional Services WRT #8687.02 Dear Casey: WRT is pleased to be working closely with the City of Fresno to update the Tower District Specific Plan. This memorandum provides our scope and fee proposal in response to the City's identification of four potential additional tasks that would augment the Specific Plan and support successful implementation. Summary of Proposed Tasks On April 7, City Staff presented WRT with a summary of three proposed new tasks to support the Tower District Specific Plan: 1. Entertainment District: Create consistent requirements for entertainment/late night uses in the Tower District. 2. Design: Create objective Design Standards for the Tower District. 3. SIB 330 (Housing Crisis Act of 2019) Analysis: Ensure compliance with SIB 330. In further discussion with Staff, we identified one additional task, based on a "scope enhancement" from the original scope of work for the Specific Plan: the creation of a comprehensive specific plan document. (The base scope for the project will result in a separate Specific Plan Update document that does not incorporate the original Plan.) WRT Team Proposal WRT, together with our partners Zack Urban Solutions and LSA, has prepared a scope of work and fee for the tasks above. These are provided in the pages that follow. The overall work program, if approved as a package, would be a $170,590 effort including labor and reimbursable costs. WRT, INC I 478 Tehama Street, Suite 2B I San Francisco, CA 94103 James Stickley CA LA-4251 wrtdesign.com 1 415.575.4722 John Gibbs CA LA-4417 N \8000\8687 Fresno Tower District Specific Plan\1-Administranon\2-Agreements & Proposals\WRT Proposals\2023-04-20 Tower District Add Seances Memo docx WRT Sincerely, Peter Winch, AICP WRT Senior Planner Attachments: Scope of Work Fee Spreadsheet CC: Sophia Pagoulatos, City of Fresno; John Gibbs, WRT Page12 Thursday, April 20, 2023 Tower District Specific Plan Update WRT Proposed Scope of Work: Additional Services I April 20, 2023 The WRT Team, including WRT, Zack Urban Solutions (ZUS), and LSA, have prepared a scope and budget to respond to the City's interest in adding three tasks to the Tower District Specific Plan Update project. We look forward to discussing and prioritizing these enhancements with City staff. TASK 1: ENTERTAINMENT DISTRICT Task 1.1: Review and evaluation of pertinent Fresno zoning code and programs; entertainment district case studies WRT and ZUS will review and evaluate relevant provisions in the Fresno zoning code, focusing on the Commercial Main Street district and on citywide standards related to noise, hours of operation, and parking. We will also do light case study analysis on up to three regulatory districts for entertainment areas. Task 1.2: Recommended best mechanism of regulation WRT and ZUS will evaluate potential mechanisms of regulation for the Entertainment District including the creation of an Overlay Zone District, adding language to the Development Code under Section 15 2744 and Section 15-2751, and any other potential mechanisms identified by the Team, and provide a recommendation. Task 1.3: Recommend boundaries for the application of Entertainment District regulations WRT and ZUS will evaluate potential boundaries for the application of regulations, including but not limited to certain zone districts (e.g., Commercial Main Street), the Specific Plan Area Boundary, select corridors, etc., and provide a recommendation. Task 1.4: Draft language to support the recommendations WRT and ZUS will draft the necessary language to implement recommendations from task 1.2 and 1.3. This may include but is not limited to use permit requirements; standards for parking, outdoor seating, noise, and hours of operations; incentives for cultural/entertainment uses; and transfer of development rights. Task 1.5: Decision -maker meetings WRT and ZUS will make up to two in -person presentations to decision -makers (Planning Commission and City Council). Note: We anticipate that the Team may present the Entertainment District and the ODDS at the same Commission/Council working sessions and adoption hearings. A total of four decision -maker meetings are covered in this scope. Task 1.6: Conduct Environmental Analysis Due to potential adverse environmental impacts related to noise and land use compatibility, LSA anticipates the potential need for additional budget to complete additional tasks including, but not limited to the following: Collection of on -site noise measurements; Page 1 of 4 ■ Preparation of detailed noise analysis relative to site -specific sensitive receptors; and • Preparation of detailed land use compatibility analysis relative to site -specific sensitive receptors. Prior to initializing any work, LSA will prepare a final scope of work and budget which will include detailed scopes of work for the technical studies, and the scope of work associated with the Proposed Additional Scope described here. The final scope will identify all product deliverables, overall IS/MND schedule, and the number of meetings and hearings that LSA staff will attend. Task 1 Meetings: • Decision -maker workshops and hearings (2) Task 1 Deliverables: ■ Evaluation memo and presentation • Recommendations memo and presentation ■ Draft Entertainment District regulatory language • Additional CEQA analysis as needed TASK 2: DESIGN Task 2.1: Review and evaluation of existing development standards and design guidelines WRT and ZUS will undertake a systematic review of the zoning code and the Tower District Design Guidelines. To compare standards across zoning districts, tables will summarize allowable uses, building envelope (setbacks, stepbacks, & height), residential density, floor area ratios, and parking ratios. We will determine which standards, guidelines, and procedures are objective (independently verifiable) and which are subjective guidelines (open to interpretation). We will also distinguish between subjective guidelines that be easily rewritten to be objective, versus subjective guidelines that require interpretation by City staff or decision -making body. We will also note topics associated with best planning practices but not addressed. Task 2.2: Update the Tower District Design Guidelines to reflect current information ZUS will undertake an initial update of the Design Guidelines to ensure that they refer to current zoning districts and other aspects of the physical and regulatory context. Task 2.3: Update the Tower District Design Guidelines with objective standards WRT and ZUS will collaboratively update the Design Guidelines so that they function as effective tool for regulatory approval in the context of current State housing law. This will involve translating existing subjective standards into objective standards, clearly distinguishing between standards and discretionary guidelines, and defining how the standards and guidelines are to be used. Task 2.4: Produce updated document: Tower District Design Standards WRT, with review from ZUS, will produce a document incorporating the updates made from tasks 2.2 and 2.3. This document will be focused on a new suite of objective design standards that achieve the community's goals for compatible urban form. The document may also include some areas where guidance will remain "subjective" and therefore discretionary. Task 2.5: Decision -maker meetings Page 2 of 4 WRT and ZUS will make up to two in -person presentations to decision -makers (Planning Commission and City Council). Note: We anticipate that the Team may present the Entertainment District and the ODDS at the same Commission/Council working sessions and adoption hearings. A total of four decision -maker meetings are covered in this scope. Task 2.6: Conduct Environmental Analysis See Task 1.5. Additional environmental analysis may be needed to address potential impacts related to either the Entertainment District or the Design Standards. Task 2 Meetings.• • Decision -maker workshops and hearings (2) Task Deliverables: • Summary memo evaluating existing provisions as noted (i.e. existing objective standards with summary tables, subjective but easily translated, subjective and needing interpretation, and not appropriate as developer requirement). • Initial update of Tower District Design Guidelines for consistency with current zoning etc. ■ Recommended updates to meet State housing law requirements for objective design standards • Draft and Final Tower District Design Standards TASK 3: SIB 330 (HOUSING CRISIS ACT OF 2019) ANALYSIS Task 3.1: Analyze impacts to housing capacity WRT will analyze proposed changes to the Specific Plan and Design Standards for their impacts on housing capacity. Should a net loss of housing capacity be found, we will propose solutions to bring the capacity back to no net loss. Task 3 Meetings.• ■ None Task 3 Deliverables. - SIB 330 Analysis and Recommendations Memo TASK 4: COMPREHENSIVE SPECIFIC PLAN DOCUMENT As an alternative option, WRT can provide a single, unified Specific Plan document that synthesizes existing Specific Plan content that remains valid with new analysis, findings, goals, policies, maps and graphics. As part of this effort, WRT would create a mark-up of the existing Plan, indicating content to be retained and content to be removed or replaced. We would bring existing text and table content into a new document template, and re-create maps, updating both the underlying data and the map style. Narrative would be updated to reflect updated mapping and analysis. Page 3 of 4 Task 4 Meetings.• • No Additional Public Meetings Task 4 Deliverables.• • Admin Draft, Public Review Draft, and Final Draft Specific Plan Update (Unified Document) CITY RESPONSIBILITIES Provide feedback and respond to inquiries in a timely manner Provide support for legal analysis where needed Create informational materials (ex: Presentation slides) related to the Entertainment District and Design Standards for purposes of communicating with the Steering Committee and members of the public. Note: WRT recommends two meetings with the Implementation Committee for the Entertainment District, and two for the Design Standards. Presentations should occur during the analysis and recommendations stages to ensure that feedback can be brought into draft regulatory language. Page 4 of 4 Tower District Specific Plan Update: Additional Services Subtask 1.1 Subtask 1.2 Subtask 1.3 Subtask 1.4 Subtask 1.5 Subtask 1.6 WRT Zack Urban Solutions LSA Team Prime Consultant; Planning and Land Use & Zoning Urban Design Hours by Task Cost by Task Hours by Task Cost by Task Cost by Task Cost by Task U a 0 Hourly Rate IReview and evaluation of pertinent Fresno zoning code and programs; entertainment district case studies Recommended best mechanism of regulation Recommended district boundaries Draft language to support regulations Decision -maker working session and hearing (in -person) - 2 meetings total 3=nvironmental analysis Sub -Total Review and evaluation of existing development standards and design Subtask 2.1 guidelines Update Tower District Design Guidelines to reflect current zoning Subtask 2.2 [districts Subtask 2.3 Update Tower District Design Guidelines with objective standards Subtask 2.4 Produce updated Tower District Design Standards document 'Decision -maker working session and hearing (in -person) - 2 meetings Subtask 2.5 -total Subtask 2.6 Environmental analysis Sub -Total 44 $ 6,860.00 12 $ Z460,00 20 $ 3,380,00 56 $ 10,040.00 46 $ 7,990.00 6 $ 1,230.00 184 S 31,960.00 28 $ 4,300.00 a $ 1,640.00 180 $ 26,100.00 180 $ 26,100.00 46 $ 7,990.00 4 $ 820.00 410 S fi2,B50.00 4 $ 800.00 $ $ 7,660.00 $ 3,260.00 4 $ 800.00 $ 4 $ 800.00 $ S 4,180.00 10 $ 2,000.00 $ $ 12,040.00 $ 11,190.00 16 $ 3,200.00 $ 0 $ - $ 15,000.00 $ 16,230.00 38 $ 7,600.00 S 15,000.00 $ 54,560.00 $ 6,300.00 10 $ 2,000,00 $ 30 $ 6,000.00 $ - $ 7,640.00 $ 32,100.00 $ 26,900.00 $ 11,590,00 30 $ 6,000.00 $ 4 $ 800.00 $ 18 $ 3,600.00 $ 0 82 $ 16,400.00 S 79,050.00 Subtask 3.1 Anaty� impacts to housing capacity 48 $ 6,960.00 �O$ Sub -Total 48 $ 6,960.00 0 $ S 6,960.00 I Comprehensive Specific Plan Document Sublaak 4.1 iComprehensive Specific Plan Document 0 $ 168 $ 24,120.00 Sub -Total 0 S 0 $ 24.720A0 J M S 24.120.001 Labor Sub -Total $ 125,690.00 Sub -Total $ 24,000.00 $ 15,000.00 $ 164,690.00 Reimbursables $ 3,000.00 Reimbursables S 2,900,002,900.00 $ - $ 5,900.00 FRESNO CITY ATTORNEY'S OFFICE REQUEST FOR LEGAL SERVICE (RLS) CICGLIVIIIG I%L%".),IIVUlU UW ZOULAII1LLWLa LV auLJIIIGy.7`WUG.7IIv.Lwv *Project Title (include address/names, etc.): Tower City Attorney Office Control No.: District Specific Plan Update — First Amendment Contract �Z 3 Dept. Dalton Bennett Phone #: 621-8039 Contact: Pick Up Contact: Nadia Phone #: 621-8150 Standard completion time is 10 business days. For submission deadlines for specific Council meeting dates, please refer to the "Reports to Council Process Due Dates" schedule provided by the City Manager's Office. All RUSH submittals require an original signature from a Director or Assistant Director. Description of Legal Service Being Requested: Requesting review of a time sensitive Amendment to an existing contract for the Tower District in reference to the overall COF General Plan. Complete Sections Below: Fund #: 10101 Project ID: PC BU: Res Org #: 400301 Activity ID: _ C.O.: Type: Capital Improvement Project (CIP): Yes ❑ No ❑ (Response Required) Time Keeping Required for Billing or Reimbursement: Yes ❑ No ❑ (Response Required) The above numbers will be used to bill for costs incurred as a result of this request for legal service. At the request of the City Manager, no legal service can be provided unless this form is completed. If resubmitting documents, please attach a copy of this form and previous drafts. Estimates from the City Attorney available on request to cover all legal services and costs. When fee expenditures reach a certain level, a revised estimate for the completion of the project can be provided. I am authorized to request these services from the City Attorney and to identify the appropriate funding source and CIP designation, as appropriate, in the Sections above. There are now and W111 OU IVf UIC UUICIUVII VI LI11� [AUJU6L, *UIII%oICIIL IUIIUD III LII=. a%P%o%P IIIL.7 w pay for the legal services requested. epartm6 t Title Department Title Department Signature Authorized Department Signature /A,9-3 ate Resubmitted Date *When calling for project status, please reference the Project Title language used on RLS. Legal Services Request Form Rev January 2023 Page 1 of 1