HomeMy WebLinkAbout2021-022 MIG, Inc.CITY OF ATASCADERO
CONTRACT NUMBER:
CITY OF ATASCADERO
CONTRACT FOR
MIG, Inc
for
OBJECTIVE DESIGN AND SMALL LOT SUBDIVISION STANDARDS
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
MIG, Inc
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and MIG, Inc ("Consultant'). City and Consultant agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent contractor
and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Consultant for the performance of
services pursuant to this Contract shall remain employees of Consultant, shall at all times be
under the direction and control of Consultant, and shall not be considered employees of City.
All persons employed by Consultant to perform services pursuant to this Contract shall be
entitled solely to the right and privileges afforded to Consultant employees and shall not be
entitled, as a result of providing services hereunder, to any additional rights or privileges that
may be afforded to City employees.
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B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby
represents it has satisfied itself by its own investigation and research regarding the conditions
affecting the work to be done and labor and materials needed, and that its decision to execute
this Contract is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract
shall terminate no later than August 31, 2022 unless extended by the mutual agreement of both
parties.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City's express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
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5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non -disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
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7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the
services of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated
in written amendments to this Contract. Any increase in the amount of Consultant's
compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by
the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Consultant shall have no property right
therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the
materials prepared by the Consultant if used for purposes other than those expressly set forth
in the Intended Use of Consultant's Products and Materials section of this Contract. Consultant
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Consultant to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may be
provided by court order. Consultant will be allowed to retain copies of all deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Consultant
in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Contract. Consultant further covenants that in the performance of this Contract, Consultant
shall take reasonable care to ensure that no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the
City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Contract. Consultant
agrees to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
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10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non -releasing party's
attorney's fees and disbursements, including without limitation expert's fees and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Consultant and City agree to cooperate fully with the other party and to provide the other party
with the opportunity to review any response to discovery requests provided by Consultant or
City. However, City and Consultant's right to review any such response does not imply or mean
the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Consultant in providing these services are the property of Consultant and shall
remain the property of Consultant upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
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12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable
local, state, and federal laws and regulations which may affect those employed by it or in any
way affect the performance of its services pursuant to this Contract. Consultant shall observe
and comply with all applicable laws, ordinances, regulations and codes of federal, state and
local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. Consultant shall at all times hold a
valid contractor's license if performing any function or activity for which a license is required
pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business
and Professions Code, and Consultant shall provide a copy of the license(s) upon the request
of the City. The City, its officials, officers, elected officials, appointed officials and employees
shall not be liable at law or in equity as a result of any failure of consultant to comply with this
section.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Consultant from the City under
this Contract may be assigned to a financial institution, but only with prior written consent of the
City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
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15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Consultant or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties") from and against any and all losses, liabilities,
damages, costs and expenses, including reasonable attorneys fees and costs to the extent same
are caused in whole or in part by any negligence or wrongful act, error or omission of Consultant,
willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any
entity or individual that Consultant shall bear the legal liability thereof) in the performance of
professional services under this agreement. Defense costs shall be limited to claims that are
determined to have been caused by the negligence, wrongful acts, errors or omissions.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which consultant is legally liable, including but not
limited to officers, agents, employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section for each
and every subconsultant or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this agreement. In the event consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on
the successor, assigns or heirs of Consultant and shall survive the termination of this agreement
or this section.
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17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition
of that interest, neither any complete nor partial assignment of this Contract, may be made by
Consultant nor changed, substituted for, deleted, or added to without the prior written consent
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of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
agree that this requirement for written modifications cannot be waived and any attempted waiver
shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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j6 -
J. NOTICES. All invoices, payments, notices, demands, requests,
comments, or approvals that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties (deemed to have been received
three (3) business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6500 Palma Avenue
Atascadero, CA 93422
Consultant MIG, Inc
Christopher Beynon
537 S. Raymond Avenue
Pasadena, Ca 91105
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority to bind Consultant
to the performance of its obligations hereunder.
Effective to this 291' of September, 2021 by the parties as follows.
Approved as to form:
Brian Pierik, City Attorney
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MIG
By:
Christoph6r Beynon
Chief Development Dificer, Treasurer
CITY OF ATASCADERO
V2 CD
Rachelle Rickard, City Manager
10
City of Atascadero
MIG
J. NOTICES. All invoices, payments, notices, demands, requests,
comments, or approvals that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties (deemed to have been received
three (3) business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6500 Palma Avenue
Atascadero, CA 93422
Consultant MIG, Inc
Christopher Beynon
537 S. Raymond Avenue
Pasadena, Ca 91105
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority to bind Consultant
to the performance of its obligations hereunder.
Effective to this 291h of September, 2021 by the parties as follows.
Approved as to form:
M
Brian Pierik, City Attorney
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MIG
By:
Christopher B yn n
Chief Developkight Officer, Treasurer
CITY OF ATASCADERO
Rachelle Rickard, City Manager
City of Atascadero
MIG �,, %
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONSULTANT
Christopher non -
Chief Develo ent Officer, Treasurer
MIG, Inc
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EXHIBIT A
Scope of Work
TASK A: PROJECT KICKOFF, COORDINATION,
AND MANAGEMENT
Task A.1: Project Kick-off Meeting
The project will commence with a kick-off meeting after
contract execution. The kick-off meeting will focus on
initiating the project, confirming the project approach
and objectives, discussing strategies for project
activities and desired outcomes, refining the project
schedule, and determining communication protocols.
This meeting will include a review of current projects
and may include a site visit to local development
projects in Atascadero. MIG will prepare an agenda
and a summary that includes an analysis and
recommendations for options and timelines moving
forward based on staff discussion.
Task A.2: Project Management, Project Team
Meetings, and Phone Calls
The purpose of this task is to ensure project
management meets City expectations and keeps
the program moving forward, including contract
administration, invoicing, scheduling, and the timely
delivery of products. MIG will prepare monthly invoices
and have a biweekly phone call/video conference
with the City's project manager to monitor and review
project progress and results. In addition to these
regularly scheduled calls, broader City/MIG Team calls
and virtual meetings will be conducted as needed
to review draft materials. Given ongoing COVID-19
restrictions and to be cost effective, we anticipate that
project coordination will be conducted via phone and
video conferencing.
Task A Deliverables:
» Kick-off meeting agenda and summary (electronic)
» Meeting agendas and summaries (electronic)
» Monthly invoices (electronic)
TASK B: INITIAL RESEARCH
Task B.1: Analysis of Existing Municipal Code /
General Plan / Policy Documents
MIG will review the City's current municipal code
regulations (Title 9, Planning and Zoning, and Title 11,
Subdivision Regulations) to identify current standards
and areas requiring update, including streamlining
processing criteria. MIG will also review applicable
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City policy documents such as the El Camino Plan,
General Plan, and Appearance Review Manual for
understanding context. MIG will prepare a summary
memo that identifies areas of consistency and update
needs.
Task B.2: Stakeholder Interviews
To understand the concerns the development
community and other stakeholders may have about
the current Zoning Code, as well as the development
standards that will work to support the housing types
the City is interested in given current economics,
MIG will conduct an intensive series of interviews
with community stakeholders and developer interest
groups. These will consist of one-on-one and group
meetings with individuals and groups identified by
City staff (in consultation with the MIG Team). Persons
or groups who may be interviewed include architects
and developers, local builders and contractors, and
property owners. City staff will be responsible for
meeting logistics and scheduling meetings. We have
assumed one full day of approximately one-hour
individual and group interviews, to be attended by
two members of the MIG Team. We have budgeted for
these to be conducted as teleconferences.
Following completion of the interviews, MIG will
prepare a summary memorandum for City staff's
review identifying key takeaways from the stakeholder
interviews.
Task B Deliverables:
» Summary memo of existing documents and codes
and sections requiring modification (electronic)
» Stakeholder Interviews summary memo (electronic)
TASK C: DRAFT OBJECTIVE AND SMALL -LOT
SUBDIVISION DESIGN CONCEPTS
Building from Task B, MIG will prepare a series of
design concepts and options for creating the Objective
Design Standards and Small -Lot Subdivision Standards,
with suggested standards and preliminary graphics to
explain concepts as needed. Design concepts will be
tailored to meet the project objectives (to streamline
the development review and subdivision process for
multi -family projects and increasing housing ownership
options to create housing options that are aftordableby-
design) and provide options as appropriate to
present to decision makers for direction.
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MIG
MIG has budgeted for two rounds of review: first and
second administrative drafts. City staff will provide all
comments to the MIG Team using the track changes
function in Microsoft Word, with all comments
consolidated into a single document.
Task C Deliverables:
))Administrative Draft Design Concepts #I (electronic)
» Administrative Draft Design Concepts #2 (electronic)
TASK D: COMMUNITY OUTREACH/
DESIGN REVIEW COMMITTEE MEETING
MIG will attend one Design Review Committee (DRC)
meeting to gain community and committee input on
Draft Design Concepts and Options (Task Q. MIG will
prepare a PowerPoint presentation and materials as
needed to facilitate public outreach efforts, including
review of a staff report for accuracy and content,
and will facilitate the discussion to answer questions
received from staff, the DRC, and the public. As
indicated in the RFP, follow-up meetings beyond the
initial design review meeting may be the responsibility
of City staff unless consultant presence is requested.
Meetings must comply with appropriate County of
San Luis Obispo COVID-19 safety protocols and are
expected to be virtual but may be in person depending
on changes in safety guidance.
Task D Deliverables:
)> One PowerPoint Presentation (electronic)
v Review and Edits to City -drafted Staff Report
(electronic)
» Meeting summary notes (electronic)
TASK E: ADMIN DRAFT CODE AMENDMENTS
AND DRAFT APPLICANT DESIGN GUIDELINE
HANDOUT
Task E.1: Admin Draft Code Amendments
MIG will draft code language and graphics for
necessary updates to the municipal code related to
Objective Design Standards and Small -Lot Subdivision
Regulations. The draft code language will be formatted
consistent with the City's existing municipal code and
shall include graphics as necessary to provide clarity.
Draft code text shall include all sections requiring
update, repeal, or replacement.
The Objective Design Standards will include ways to
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incentivize affordability by design,
consistent with the
City Council's affordable housing strategy. Standards
are expected to modify existing code regulations
including, but not limited to the following:
» Height limitations
» Parking requirements and parking area design
standards
» Minimization of private garages
» Common and Private Open Space Standards to
ensure quality outdoor use areas for all projects with
particular attention to porches and balconies for
private open spaces that does not detract from the
visual quality of the project
» Bedroom and/or unit size based density limitations
n Architectural quality, including windows, exterior
treatment, massing, articulation, and roof forms
» Landscape standards for multifamily projects
» Fences and gates
» Utility and service areas
» Lighting
» Pedestrian connectivity/paths
For the Small -Lot Subdivision Standards, the
amendment will require an update to both the
Subdivision Regulations and the Zoning Standards,
replacing the Planned Development (PD) process
for multi -family districts. Updates to the Subdivision
regulations will also be identified to bring the City's
code into compliance with State laws. It is envisioned
that the standards maybe tiered depending on
subdivision size to allow flexibility for smaller projects.
Standards should include, but are not limited to, the
following:
» Common open -space standards
» Landscape standards
» Minimum lot size standards/density-based standards
» Private yard standards
» Private improvement standards / shared access
standards
» Shared amenity standards
» Lighting
» Signage
» Parking
MIG has budgeted for two rounds of review: first and
second administrative drafts. City staff will provide
all comments to the MIG Team using the track
changes function in Microsoft Word with all comments
consolidated into a single document.
A-2
City of Atascadero
MIG
Task E.2: Draft Applicant Design Guideline
Handout
MIG's graphic designers will develop a draft Applicant
Design Guideline Handout that details objective design
standards for residential and mixed-use development
and small -lot standards in an easy -to -read format. The
handout will include graphics and images to further
readability, understanding, and clarity and to assist
staff and decision makers with implementation of
development standards. Standards may be combined
into one handout or may be separated depending on
overlap and readability.
MIG has budgeted for one round of review. City
staff will provide comments to the MIG Team with all
edits/revisions direction consolidated into a single
document.
Task E Deliverables:
u Administrative Draft Municipal Code Amendments
#1 (electronic)
Administrative Draft Municipal Code Amendments
#2 (electronic)
>> Public Review Draft Municipal Code (electronic)
>> Administrative Draft Applicant Design Guideline
Handout (electronic)
>> Revised Draft Applicant Design Guideline Handout
(electronic)
TASK F: PLANNING COMMISSION AND CITY
COUNCIL HEARINGS
MIG will attend one Planning Commission hearing and
up to two City Council hearings. MIG will prepare a
PowerPoint presentation for the meetings and will be
prepared to answer questions from the Commission,
Council, and members of the public. MIG will also assist
with staff reports (provision of graphics and review
draft staff report).
Task F Deliverables:
Staff report materials/graphics (electronic)
» PowerPoint Presentation (electronic)
TASK G: FINAL MUNICIPAL CODE AMENDMENTS
AND APPLICANT DESIGN GUIDELINE
HANDOUT(S)
Task G. L Final Municipal Code
Amendments
MIG will provide updated code sections as needed to
reflect final City Council direction. MIG has budgeted
an allowance for this task since the scope of final
revisions cannot be known at this time. This will be the
version for the Final Municipal Code Amendments for
second reading.
Task G.2: Final Applicant Design Guideline
Handout
In response to any final edits resulting from the hearing
process that would affect the Applicant Design
Guideline Handout, MIG will revise the handout
accordingly.
Task G Deliverables:
» Final Municipal Code Amendments (electronic)
» Final Applicant Design Guideline Handout(s)
(electronic)
rev 5/1/06 A-3
792119.3
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED
WITHOUT PRIOR WRITTEN AUTHORIZATION
$ 114,705
Services will be conducted on a time and material basis not to exceed the contractual amount
of $114,705. All reimbursable will be covered to a maximum amount of $2,000 for the duration
of the contract. The reimbursable allowance of $2,000 is included in the total contract amount
of $114,705.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a City
of Atascadero change order will be compensated at the same unit cost for the defined services
as agreed to in the attached contract. Payment will be made within 30 days after receipt and
approval of invoice.
Payments to the consultant in excess of the contract amount of $114,705 will not be made unless
written authorization is executed prior to the date of the additional requested work. Any charges
incurred outside of these contract terms will not be authorized for payment.
MIG, Inc
ChristophAr Beynon
Chief D&elbDment Officer. Treasurer
658615.1
DRAFT 06/4/014 33 PM B -I
ie
3Ms budget mase,x identifies the cons aeeoewed whh cempletag each task
described m the scope of services. Both scope and budget can be adjusted to
.at your specda oblectnes
Tar A: Peep411MdA, Coordination, and ManaBemset
A.1 Profen 6[k4)O Meeting
5
11 5 1,140
5
4 5
681
5
12 5 1,360
1 5
95
79
53,895
A.2 Puw Managenmm, Team Meetings and(alh
2 5
450
% 5 8,120
2 5
S90
8 5
1,160
2 5
282
8 5 920
to 5
950
88
Slrlmtpl
2 $
460
68 5 9,860
1 5
59)
12 $
2.010
2 $
2M
20 S 2,300
U S
IMS
117 S
10666
Tar Be All Ramm"It
B.1 Analysis of Eahting BLniipal Code /Geanral Plus /FbBcy Document
$
2 $ 290
2 $
SM
8 $
1,360
4 $
%0
32 $ 3,680
4 $
320
52
$600
8.2 Stakeholder Interviews
1 $
225
10 $ 1,450
$
8 5
1,360
5
10 $ 1,150
2 $
190
31
$6,375
mmmi
1 S
?26
32 f 47M
2 f
590
16 S
2,720
4 S
920
42 S BAN
6 S
SM
M S
11,235
Tar U Draft ObleNae Deelgn and 9ndl Let Subd8ldon Dedp, Concepts
0,ah0b,"v,11.'..gx
8 5
1,810
12 5 1,740
N 5
!the
40 5
1, HOU
8 j
1.110
62 5 1,130
1 j
190
140
511,14'.
5u1troml
2 S
1,100
12 S 16710
8 $
2,360
40 S
MOO
0 $
1,120
62 $ 7,110
2 S
190
140 $
21160
Task D: Tarantulas, Ouvur/Dedgn Red. C. mines Mavens,
Design Nevrcw (.....muse Meehµ
4 5
560
24 5 1)60
5
44
55,91"0
Subtotal
4 $
900
$ 140
12 1,
' 5
4 f
m
21 $ 4140
S
44 5
kM
Tarf:Adda Dteh CaNAleandiOuuudDrah Applkut Design Guideline
Handout
II Admin Dush(odeAmendments
N 5
1,800
24 $ 3,48D
2 5
590
60 510,220
M 5
5,600
60 5 6,900
6 $
570
200
$29,140
1.2 Dish Applkam Design Guideline Wriccut
! 5
450
8 $ 1,160
2 $
590
4 5
620
20 $
2,800
4 $ 420
8 $
760
48
$6,9011
Subtoml
10 S
7.250
32 f "BIT
4 $
1,120
M $
7%110
M f
1201
M S 7,720
M $
1"
208 S
36filD
Tar F. PlananO Com hka.. and Thy (.nail Headings
%anni,µ Comnmu,n l I. -.1"x0. 1, i rl.,tt l4 p. t vgq.,n
1 5
225
11 5 1,1411
5
5
5
20 5 2,300
1 5
190
15
54,455
Cllr Counnl HeauriB rh
5
M j 1,481
5
5
5
) 5 210
5
26
53,110
Sub]mol
1 $
ES
36 S 5%20
f
s
$
22 S 2,530
2 $
120
61 S
4165
Tar G: Anal Municipal Code Arundmam and Applicant Design Guideline
Handoutls)
G.1 final Code lgtAmendnrenh lallowamel
1 5
460
4 $ 581
$
$
5
8 5 910
5
14
51;1W
G.1 Final Appnanl Design(uiaeline Handnm lalbwamel
$
4 $ 581
$
$
6 5
Full
1 5 m
5
U
SIbSe
Salem/
2 f
4S0
0 S 1,160
S
S
6 $
m
10 $ 1450
- $
-
26 S
3,600
SUBTOTAL OF PROAAAT TASKS
28 $
6,300
100 S 26,100
16 S
4,720
112 $
22,440
14 S
11,760
220 $ 28.060
35 $
3,325
719 5
102,105
Wes6A.at.,
5
In,Oo.,
Dum(oms
PROJECTTOTAL
5
1,0011
EXHIBIT C
Schedule
59
TASK } E
A. Project Kick-off Meeting and Ongoing • Kickoff October, 2021
Coordination and Management
• Coordination through end of program
131. Initial Research
B2. Stakeholder Interviews
C. Draft Design Concepts
D. Community Outreach/Design Review
Committee Meeting
• Draft late November 2021
• October/November 2021
• Draft #1 -February 2022
• Two weeks for City review/2 weeks for
MIG revisions
• Administrative Draft #2 — March, 2022
E1. Administrative Draft Code Amendments • March 2022
E2. Draft Applicant Design Guideline
Handout
F1. Planning Commission and City Council
Hearings
G1. Final Code Amendments and Applicant
Design Guidelines Handout(s)
658615.1
DRAFT 06/4/014:33 PM
• Admin Draft #1 — Early April 2022
• Two weeks for City review/2 weeks for
MIG revisions
• Admin Draft #2 — May 2022
• One week for city review/1 week for MIG
revisions
• Public review Draft #3 —Late May 2022
• May/June 2022
• June 2022
C -t
EXHIBIT D
INSURANCE REQUIREMENTS: CONSULTANT SERVICES
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,
the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed
by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
658615.1
DRAFT 06/41014:33 PM D-1
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANE.
Additional Insured
The City of Atascadero will need to be added to the policy as Additional Insured by endorsement, adding the City's name to
the Certificate of Insurance is not sufficient and will not be accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required
insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause
must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All endorsements are to be received and approved by the City before work commences.
rev 5/1/06 D-2
792119.3