SR-02-12-2013-3HCity Council Meeting: February 12, 2013
Agenda Item: "_ "
To: Mayor and City Council
From: David Martin, Planning and Community Development Director
Subject: Second Modification of Agreement with Dyett & Bhatia to provide
additional work associated with the Zoning Ordinance update
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a second amendment to Contract No. 8369 with Dyett & Bhatia, a California -
based company, in the amount of $84,640, to provide professional services to assist
with the completion of the City's Zoning Ordinance. This will result in a nine -year
amended contract with a new total amount not to exceed $1,733,470, with future year
funding contingent on Council budget approval.
Executive Summary
Dyett & Bhatia are providing professional services associated with updating the City's
Zoning Ordinance. The project's scope of work now includes two additional tasks, which
incorporate and augment work on parking and transportation demand management
regulations. The $84,640 modification would bring the total contract amount to
$1,733,470.
Background
On July 13, 2004 the City Council approved an agreement with Dyett & Bhatia in the
amount of $1,648,830, including a 15% contingency, for professional services to
prepare a comprehensive update to the Land Use and Circulation Element of the
General Plan, to concurrently prepare revisions to the Zoning Ordinance, and to prepare
a comprehensive Environmental Impact Report. On December 22, 2011, a first
modification was entered into in order to establish a term and redefine the scope of
1
work including additional services related to the Zoning Ordinance update. This first
contract modification did not increase the original budget.
Discussion
The City contracted with the Dyett & Bhatia team to prepare a comprehensive update to
the Land Use and Circulation Element and an Environmental Impact Report. A
corresponding comprehensive rewrite of the Zoning Ordinance was also part of the
consultant scope of work. A total of $380,000 out of the $1,648,830 contract was
allocated to the Zoning Ordinance update. Two additional tasks are being added to the
budget since adoption of the original contract in 2004:
• Preparation of administrative and public review drafts of an Off- Street
Parking and Loading chapter; and
• Preparation of administrative and public review drafts of a Transportation
Demand Management chapter.
In addition to these added chapters, the complexity of several Issue Papers has
necessitated multiple revisions, exceeding initial estimates for meetings and increasing
the budget for other tasks.
The contract amendment will enable the consultant to complete the additional tasks as
well as ensure completion of the draft and final Zoning Ordinance. Staff anticipates that
the draft Zoning Ordinance will be reviewed by the Planning Commission from March to
May 2013, with City Council review and approval estimated to begin in June 2013, and
estimated to conclude October 2013. The contract is proposed to expire on December
31, 2013.
Contractor /Consultant Selection
A Request for Proposals (RFP) was sent to approximately forty consultants in May,
2004. Proposals from three comprehensive teams of consultants and sub - consultants.
were submitted to the City in response to the RFP. The Dyett & Bhatia team was
selected as the top ranked firm by a City staff selection committee. Dyett & Bhatia have
exceptional credentials for the implementation of plans, and particularly plan
implementation with zoning regulations.
2
Financial Impacts & Budget Actions
The contract modification to be awarded to Dyett & Bhatia is $84,640. Funds are
available in the FY 2012 -13 budget in division 265 at accounts 01265.555060 ($50,000)
and S010210.589000 ($34,640).
Prepared by: Jory Phillips, Deputy Director — Special Projects
Approved:
bri�l OUJ7-4�'-
ri-avid Martin , Director
Planning and Community Development
3
Forwarded to Council:
Rod Gould
City Manager
Reference Amended
Contract No. 8369 (CCS)