Mintier Harnish - 2013 Agreement - Amendment No. 3THIRD AMENDMENT TO Agreement for Services Between the City
and Mintier Harnish for Preparation of the New General Plan
WHEREAS, the City of Gilroy, a municipal corporation ( "City"), and Mintier Harnish entered
into that certain agreement entitled "Agreement for Services Between the City and Mintier Harnish for
Preparation of the New General Plan ", effective on July 13, 2013, hereinafter referred to as "Original
Agreement "; and
WHEREAS, City and Mintier Harnish have determined it is in their mutual interest to amend
certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. Article 1, Term of Agreement shall be revised to extend the term of the agreement to June 30,
2020.
2. Article 3. Services to Be Performed by Consultant, A. Specific Services, Exhibit "B" ( "Scope
of Services ") of the Original Agreement shall be amended as shown in Exhibit "B" ( "City of Gilroy
General Plan Revised Scope of Work, Revised March 6, 2017 ").
3. Article 3. Services to Be Performed by Consultant, A. Specific Services, Exhibit "C"
( "Milestone Schedule ") of the Original Agreement shall be removed and replaced with Exhibit "C"
( "Gilroy General Plan Revised Schedule, March 6, 2017 ").
4. Article 4. Compensation, A. Consideration shall be revised as follows:
In consideration for the services -to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ( "Revised Gilroy General Plan Budget
Proposal, March 28, 2017 "). In no event shall the total compensation for this third amendment paid to
consultant exceed $687,000.00, and the total compensation paid to consultant under the original
agreement, as amended by this third amendment and prior amendments, shall in no event exceed
$2,460,279.00.
This Amendment shall be effective on August 8, 2017.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set
forth besides their signatures below. r
CITY OF GILROY
MINTIER
By: By:
[signature, �-
Gabriel Gonzalez Jim
[employee name]
City Administrator
[title /department]
Date:
Approved as to Form
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City A orney
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Date: ce fee I I�
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Scope of Work for the
Resumption of the 2040 General Plan
Revised March 29, 2017
The following work program identifies the primary content and work flow for the project.
Adjustments and refinements to the specific tasks may occur during the process, in
order to achieve the required outcomes.
1. Community Engauement Strategy
A. Community Workshops - one community workshop and one open house.
B. Translation Services - for the community events: verbal translation at meeting
and translation of all written materials.
C. Gilroy 2040 Website
D. Interactive on -line community engagement — use of MindMixer Town Hall Forum
and City's new Your Voice program
E. E- blasts - to the General Plan 2040 email contact list at key points in the process.
F. Newsletters - at two key milestones (prior to Community Workshop & at
publication of the Draft GP
G. General Plan Advisory Committee - reconvene to review and provide input on the
Alternatives process and the Revised Draft General Plan 2040
H. City Council and Planning Commission Study Sessions - for selection of the
Preferred Land Use Alternative & acceptance of Draft General Plan Policy Text.
I. Stakeholder Forums on housing and economic development issues for Gilroy to
2040.
J. Events /Festival Booths — could include Downtown Movable Feast
K. Youth Engagement - work with City staff, the Gilroy Unified School District,
and /or Gavilan College to develop outreach materials and methods that will
appeal to the youth
L. Social Media Sites - assist City staff with providing content for social media,
including Facebook, Google +, Foursquare, Twitter and Constant Contact.
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2. Phase 4 - Land Use Alternatives
Develop, evaluate, and compare land use alternatives that will achieve the City's
Vision and Guiding Principles within the revised growth area created by the Urban
Growth Boundary. The culmination of this phase will be selection by the City
Council of a Preferred Land Use Alternative.
Task 4.1.1 Internal City Kick -Off Meeting - discuss conceptual land use
alternatives, reaffirm roles and responsibilities, and confirm the project schedule
Task 4.1.2 Update Existing Conditions and Future Projections Data — including
vacant land inventory, future housing and economic development projections,
planned circulation network
Task 4.1.3 - GPAC Meeting #18 - summarize the initiative - driven changes to the
General plan, including implication on housing supply and economic development;
present options for addressing these changes, including some initial thoughts on
land use and policy alternatives.
Task 4.1.4 Develop Land Use Alternatives - Consultant and staff collaborate to
develop three distinct land use alternatives.
Task 4.1.5 - GPAC Meetings #19 and #20 — presentation of initial alternatives,
GPAC discussion and refinement of the land use alternatives as necessary. —
Stakeholder forums on Housing and Economic Development - receive input from
economic development and housing industry representatives professionals /others
regarding their ideas and expectations for the completion of the 2040 General Plan
based on the new Urban Growth Boundary.
Task 4.1.6 - Update and Validate the City Traffic Model
Task 4.1.7 Land Use Alternatives Evaluation - evaluate implications on land use,
public facilities and services, fiscal and economic impact, and the natural
environment. Specific areas that will be addressed include:
A. Land use and development
B. Urban design
C. Housing types, choices, location, density, and affordability.
D. Fiscal impact analysis of City costs, revenues and funding for public services
E. Circulation and transportation
F. Public infrastructure and service demands
G. Open space, parks, and recreation
H. Conservation and environmental resources
J. Public safety
Task 4.1.8 - Administrative Draft Alternatives Report — results of alternatives
analysis; review and comment from staff to consultants
Task 4.1.9 - Draft Land Use Alternatives Report — results of alternatives analysis
for GPAC review.
Task 4.1.10 - GPAC Meetings #21 and #22 - review findings of the Draft
Alternatives Report. GPAC to provide input for refinement of the alternatives and
analysis.
Task 4.1.11 - Public Review Draft Alternatives Report - revise the Alternatives
Report, as necessary and publish the Public Review Draft Alternatives Report.
Task 4.1.12 - Newsletter: Alternative Futures — summary of Public Review Draft
Alternatives Report. Intended to educate community members and promote the
Community Alternatives Workshop.
Task 4.1.13 - Community Workshop to Receive Input on Land Use Alternatives
The workshop will allow the community to provide input regarding the proposed
alternatives and the results of the Alternatives Analysis Report. A summary report
will be prepared including input gathered from the Community Workshop, the
MindMixer Town Hall Forum and Your Voice.
Task 4.1.14 - GPAC Meetings #23 and #24 - review the results of the Community
Alternatives Workshop and build a consensus around a GPAC - preferred land use
alternative for recommendation to the Planning Commission and City Council.
Task 4.1.15 - Final Land Use Alternatives Report — Incorporate evaluation of the
GPAC - preferred alternative and publish Final Land Use Alternatives Report for
review by the community, Planning Commission, and City Council.
Task 4.1.16 - City Council and Planning Commission Study Sessions: Land
Use Alternatives - Present the Alternatives Report and the results and
recommendations from the GPAC and Community Alternatives Workshop. City
Council to identify a Preferred Land Use Alternative.
Task 4.1.17- Revised Land Use and Circulation Diagrams - Prepare revised Land
Use and Circulation Diagrams to reflect the Preferred Land Use Alternative.
Phase 5: Prepare the Revised General Plan
Tasks 5.1 through 5.11: - Preparing Original Draft General Plan Policy Document —
completed in prior process
Task 5.12 - Revised Draft General Plan — identify specific refinements to the Draft
General Plan goals, policies, and programs to reflect the Preferred Land Use
Alternative.
Task 5.13 - GPAC Meetings #25 and #26 — review and refine the Revised Draft
goals, policies, and programs. This review will be limited to the changes to the prior
Draft General Plan 2040 and not a comprehensive document review.
Task 5.14 - City Council and Planning Commission Study Sessions: Revised
Draft General Plan - Present the revised draft goals, policies, and programs, as well
as the results of the GPAC discussions.
Task 5.15 - Final Public Review Draft General Plan - make appropriate revisions
and prepare the final Revised Public Review Draft General Plan.
Task 5.16 - Newsletter #5: Revised Draft General Plan - executive summary of
the Public Review Draft General Plan.
Phase 6: Preparation of the General Plan Environmental Impact Report
The consultant will prepare the General Plan Program EIR to analyze the potential
significant environmental impacts of the Draft 2040 General Plan. The Consultant will
revise the current Administrative Draft EIR to reflect the revised land use and circulation
diagrams and Revised Draft General Plan Policy Document. The EIR will meet all
requirements of CEQA, State CEQA Guidelines, and relevant court decisions, and will
help the City streamline future environmental review of development and public works
projects consistent with the General Plan.
Phase 7: Plan Adoption
The Consultant will assist City staff in preparing for meetings with the Planning
Commission and City Council to review the Draft General Plan, culminating in City
Council adoption of the new General Plan.
Revisions to Other_ Components of General Plan Contract
The contract with General Plan consultants Mintier - Harnish also includes preparation of
a comprehensive update to the Zoning Ordinance and updates to the Infrastructure
Master Plans for the city's water, storm drainage, sanitary sewer and wastewater
treatment and recycled water systems. The scope of work for the amendment to the
Mintier Harnish contract includes revisions to these two components of the project, as
described below.
Phase 8: Zoning Code Update
The Consultant will collaborate with staff to prepare a comprehensive update of the
Zoning Code consistent with the New General Plan. This will include a complete review
and updating of the organization, format and content of the Zoning Code to incorporate
current land use and development standards and ensure consistency with all current
federal, state and local laws. Work on the Zoning Code has progressed during the
postponement of the General Plan project. Three topics in the Zoning Code have been
extracted for expedited preparation based on specific timing requirements. Revisions to
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the Wireless Telecommunications section are required to reflect changes to Federal law
and Federal Communications Commission (FCC) Wireless Facility Rules Implementing
Sec. 6409(A). Revisions to the Water Efficient Landscaping, and Low Impact
Development provisions of the City Code are required to implement State Water
Resources Control Board (SWRCB) Order No. 2013 - 0001 -DWQ, and the NPDES
General Permit No. CAS000004.
The budget for the amended contract includes costs for the additional work required.
Phase 11: Infrastructure Master Plans
(Phase 9 — Housing Element and Phase
were complete previously)
10 — Economic Development Strategic Plan
The City of Gilroy Water, Sewer, and Storm Drainage master plans were last updated in
May 2004. The master plan for the Wastewater Treatment Plant was last updated in a
2011 report for the South County Regional Wastewater Authority (SCRWA), which
provides wastewater treatment to both Gilroy and Morgan Hill. This project includes
updating the master plans to be consistent with the new General Plans for both cities
and recent trends in water consumption, sewer flows and storm drainage regulations.
5
eral Plan Revised Schedule T"
March 6,2017
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THE RE NEED EVENAL PLAN
WENT SIR- PLAN (VOWLETED1
NASTERPLANS
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REVISED GILROY
GENERAL
PLAN
Budget Proposal________
March 8,
1
Remaining
Contract
Proposed
Balance as of
Proposed Budget
Phase
Description
New Budget
2/01/2017
Amendment
Phase 1:
Project Initiation
$0.00
$0.00
$0.00
Phase 2:
Background Report
$0.00
$0.00
$0.00
Phase 3:
Vision and Guiding Principles
$0.00
$0.00
$0.00
Phase 4.1:
Land Use Alternatives
$328,699.00
$0.00
$328,699.00
Phase 5:
Prepare the Revised General Plan
$36,500.00
$0.00
$36,500.00
Phase 5.1
UGB Amendments to 2020 General Plan
$0.00
- $20,745.39
$20,745.39
Phase 6:
Environmental Review
$187,970.00
$0.00
$187,970.00
Phase 7:
Plan Adoption
$37,760.00
$25,141.71
$12,618.29
PM
Project Management
$42,215.00
$0.00
$42,215.00
EXP
Expenses`
$47,855.00
$42,193.05
$5,661.95
Subtotal
$680,999.00
$46,589.37
$634,409.63
Phase 8:
Zoning Code Update
$104,130.00
$84,022.50
$20,107.50
Phase 10:
Economic Development Strategic Plan
$0.00
$0.00
$0.00
Phase 11:
Infrastructure Master Plans"
$202,025.00
$169,846.25
$32,178.75
Subtotal
$306,155.00
$253,868.75
$52,286.25
TOTAL
$987,154.00
$300,458.12
$686,695.88
Contingency
$13,203.00
$13,203.00
$0.00
GRAND TOTAL
$1,000,357.00
$313,661.12
$686,695.88