HomeMy WebLinkAbout2021-034 MIG, Inc.CONTRACT FOR
CITY OF ATASCADERO
MIG, Inc.
for
General Plan Update Project
CITY OF ATASCADERO
CONTRACT NUMB R:
6a O
City of Atascadero
MIG, Inc.
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" or "MIG"). 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
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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 December 31, 2023 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. SUPERVISOR 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.
10. CONFIDENTIAL INFORMATION:
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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.
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
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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 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.
A. 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.
B. 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.
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.
1. RECORDS:
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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.
18. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION 1
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
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.
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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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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
Daniel lacofano
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 15 day of December, 2021 by the parties as follows.
Approved as to form:
By:
Brian Pierik, City Attorney
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MIG
B)�\ J vVvyv
Daniel lacofano, C
CITY OF ATASCADERO
V:a"2t"'D
Rachelle Rickard, City Manager
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City of Atascadero
MIG, Inc. ,
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 1 have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONSULTANT
Daniel lacofano,
MIG, Inc
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EXHIBIT A
Scope of Work
It is intended that the Consultant shall perform ALL phases (Phases 1 -6) of the General Plan Update
Project. Since the scoping of the General Plan Update (included in Phase 1 work) is critical to building
and determining a common understanding of the goals and priorities of the General Plan Update
Project, refinement of tasks to be performed and expected deliverables in Phases 2-6 will be executed
at a later date. This scope of work provides only a general outline of potential work to be performed in
Phases 2-6 by the Consultant.
Addendums to this scope of work providing refined tasks, deliverables and schedules shall be
prepared, agreed upon and executed by the City and Consultant in advance of the commencement of
Phases 2-6. (Understanding that time is of the essence, this will not preclude the City and Consultant
from beginning agreed upon tasks in Phases 2-6 while details of those Phases are being worked out)
PHASE 1 - GENERAL PLAN UPDATE SCOPING
COST: $43,016
PHASE 1 TASKS
• Task 1.1: Coordination with City Staff
Key MIG Team members will have a coordination call with City staff to confirm the methods of
notification for the January 2022 scoping meeting, the messaging, and dissemination
responsibilities. Consultant will review the list of organizations to receive notification.
Task 1.2: Initial Kick-off Meeting and City Tour
Consultant will meet with City staff to kick off the project, gather data and information based on
a data needs list provided by MIG), finalize protocols and communications, discuss the
community engagement process, and outline overall expectations and staffs desired project
outcomes (to be refined following the scoping meeting). This meeting will provide an opportunity
to:
Review the draft work scope and project schedule;
Discuss project goals, opportunities, and constraints;
Discuss available and relevant background information and documents;
Discuss the components and approach for the Community Involvement Strategy; and
Discuss and confirm communication protocols and project management.
Consultant and City staff will also tour the City to identify potential change areas (via car or team
bus) and fully understand Atascadero's planning context, mobility enhancement options,
character precedents, and economic development opportunities. Consultant will photodocument
the tour and provide a summary following the meeting and tour.
• Task 1.3: Scoping Meeting Briefing Book
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To provide a common public understanding of what is required to be addressed in a General
Plan, the current planning foundation (General Plan guiding principles, goals and policies), and
the regional planning context, MIG will prepare a Scoping Meeting Briefing Book for Council
members and Planning Commissioners. The book will be available to them at least two weeks
prior to the scoping meeting and can also be made available to the public via the City's website.
The book will be prepared in PowerPoint format and will be highly graphic.
• Task 1.4: Conduct Scoping Meeting
MIG will conduct a teleconference with City staff to plan the scoping meeting and prepare a
PowerPoint presentation based on the briefing book.
The scoping meeting will be held in January 2022 as a joint Planning Commission/City Council
session. Consultant will work with staff to establish the session's structure to maximize input
from the public, Commission, and Council, and to get clear direction from decision makers
regarding content, the community engagement program, and schedule. It is expected that the
meeting will be conducted as an in-person event that respects COVID-19 precautions, with a
parallel Zoom or similar platform that allows people participate virtually. It is expected that Laura
Stetson, Dan Amsden, and Noe Noyola of MIG will attend the meeting in person to facilitate the
meeting, with graphic recording the input on a wall graphic. The other team members will be
available via the virtual platform for questions from the Council, Commission, and public.
Consultant anticipates a three-hour meeting divided into two parts: 1) defining general direction
for the content and structure of the new General Plan and 2) outlining the public engagement
strategy. The meeting will begin with a presentation regarding:
o Importance of the General Plan
o Overview of required General Plan content
o Summary of current Atascadero General Plan
o Local and regional trends and influences to consider in creating the General Plan scope
o The preliminary work program and schedule MIG developed as part of the interview
process, largely to illustrate program phases and key milestones in a General Plan work
program
Key Consultant personnel will then facilitate the first part of the discussion focused on:
o Local considerations of top, medium, and low priority
o The big ideas for Atascadero to be considered in the General Plan program
o How to structure the General Plan to capture all topics important to the community
Consultant will capture the ideas on a wall graphic in real time. The outcome will be a
framework for the General Plan and the General Plan program structure. We do not plan to
engage in a discussion about the vision for Atascadero during the scoping meeting nor specific
policy direction, as these topics merit broad public engagement during subsequent phases of
the work program.
For the second part of the meeting, Consultant will lead the conversation regarding methods of
public engagement that will result in robust involvement and input from Atascadero residents,
business owners, and other community groups. Consultant will present options for upfront
interviews, workshops (in-person and online), surveys, pop-up events, and study sessions.
Consultant will also look to the Council and Commission to identify community groups for
targeted outreach, such as business organizations, homeowner associations, and often under-
represented voices. Consultant will refine the outcome will be a preliminary community
engagement strategy refine with City staff following the study session.
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Task 1.5: Community Involvement Strategy
Based on the input from the scoping meeting, Consultant will prepare a detailed community
involvement strategy that identifies all events and activities and integrates them into the overall
work program. The associated budget will also be prepared. A draft of the strategy and budget
will be provided to City staff for review, and the versions approved by staff will be incorporated
into the work program for the contract.
In addition, Consultant will work closely with City staff at the onset of the project during this task
to help form the two key advisory groups, if the Council and Commission direct inclusion of
these groups in the process. Consultant highly recommend using an internal General Plan
Technical Advisory Committee to ensure participation from all City departments.
o General Plan Advisory Committee (GPAC): Consultant will work with City staff to identify
a list of potential members for the GPAC. The GPAC's purpose is to fully involve the
community in the General Plan Update process and ensure their input and interests are
heard and reflected in the updated plan. We anticipate that the GPAC will provide
comments on major ideas and draft reports throughout the process and in particular,
detailed input on draft and preferred land use and transportation alternatives, and the
draft General Plan document. As part of this task, MIG will help the City form the GPAC.
The GPAC should include residents, business owners, property owners, environmental
group representatives, housing advocates, and members of the development
community. GPAC members will be identified and asked to participate throughout the
project. Consultant will also develop a GPAC Organizing Framework document that will
include purpose, roles, responsibilities, and procedures for the group.
o General Plan Technical Advisory Committee (GPTAC). Consultant will work with City
staff to form a GPTAC that will be made up of (but not limited to) representatives from all
City departments, the City Attorney's office, and other partner public agencies (e.g.,
Atascadero Unified School District, San Luis Obispo County, Caltrans, etc.). The GPTAC
will meet during the General Plan Update process and will be primarily focused on
ensuring the technical accuracy of the General Plan and its associated environmental
review
Task 1.8: Updated General Plan Update Work Program
As part of our interview process and as requested by the City, Consultant has already prepared
a preliminary work program. As noted above, this will be shared during the scoping meeting so
the Council and Commission can understand the work program phases, interrelationships of
proposed engagement activities to research work and deliverables, and the required
components of a General Plan. During the scoping meeting, the Council and Commission will
provide direction regarding priorities, topics to address, General Plan structure, and schedule.
From that direction, the Consultant will prepare the administrative draft of the entire work
program and budget for City review and revision of the scope of services and costs for this
contract. We will create the final work program and budget to incorporate City staffs directed
refinements.
PHASE 1 DELIVERABLES
• City Tour Map (Illustrator/PDF)
• Kick-off Meeting Agenda (Word/PDF)
• Data and Materials Request List (Word/PDF)
• Draft and Final Scoping Meeting Briefing Book (PowerPoint/PDF)
rev 511106
7921 19.3
• Scoping Meeting Agenda (WordIPDF)
• Scoping Meeting Presentation (PowerPoint/PDF)
• Scoping Meeting Concise Summary (Word/PDF)
• Draft and Final Community Engagement Strategy (Word/PDF)
• Draft and Final Work Program, Budget, and Schedule (Word/PDF)
• Addendum to this agreement that would include a refined Scope of Work for Phases 2-6 and
related costs in accordance with the direction provided by Council in this Phase.
PHASE 2 DISCOVERY AND VISIONING
The exact scope and breadth of Phase 2 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and near the time of commencement of Phase 2 work. Typical tasks and
deliverables for Phase 2 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $250,000-$350,000. Costs are to be
determine and negotiated_ based on the scope of the Prosect as determined in Phase I at the hourly_
rates as shown in Exhibit B.
PHASE 2 EXPECTED TASKS
• Task 2.1: Notifications, Surveys and Translation Services
o Project Branding
o Project eNewsletters and eBlasts
o Social Media Updates
o Online Surveys:
• Task 2.2: Interactive Project Porta
• Task 2.3: Council, Commission, and Affinity Group Discussion
• Task 2.4: Base Mapping
• Task 2.5: Technical Studies
Land Use and Community Form Technical Study
Fiscal Conditions.
Real Estate Trends and Market Opportunities.
Biological Resources Technical Study.
Cultural Resources Technical Study.
Traffic and Mobility Technical Study.
Noise Technical Study.
Infrastructure Technical Study.
Parks and Recreation Technical Study.
Economic Conditions Technical Study.
Environmental Justice and Equity Technical Study.
• Task 2.6: Existing Conditions and Policy Implications Atlas
• Task 2.7: Community Engagement Series #1 - Vision for the Future
o Technical Advisory Committee (GPTAC) Meeting #1
o General Plan Advisory Committee Meetings #1.
rev 511106
792119.3
o Targeted Outreach #1.
o Community Workshop #1.
• Task 2.8: Draft Vision and Guiding Principles
• Task 2.9: Planning Commission Study Session
• Task 2.10: City Council Study Session
PHASE 2 DELIVERABLES
• Kick -Off Meeting Agenda, Presentation and Summary (Word/PPT/PDF)
• Project Schedule (InDesign/PDF)
• General Plan Advisory Committee Formation and Organizing Framework (Word/PDF)
• Technical Advisory Committee Formation and Roles (Word/PDF)
• Project Branding Materials, including name, logo, icons, message (Illustrator/PDF/JPEG)
• Newsletters and Email Blasts (Digital/PDF)
• Social Media Updates (Digital)
• Online Surveys (Digital)
• Project Webpage (HTML/CSS)
• Stakeholder Interview questions and summary (Word/PDF)
• Base Mapping (Illustrator/GIS/PDF)
• Administrative Draft Technical Studies: Land Use and Urban Form; Biological Resources;
Cultural Resources; Traffic and Mobility; Noise; Infrastructure; Parks and Recreation; and
Economic Conditions (Word/PDF)
• Final Draft Technical Studies (Word/PDF)
• Existing Conditions and Policy Implications Atlas (PowerPoint/PDF/10 hard copies)
• GPTAC Meeting #1 agenda, presentation and summary (Word/PowerPoint/PDF)
• Targeted Stakeholder Outreach #1 summary (Word/PDF)
• GPAC Meeting #1 agenda, presentation and summary (Word/PowerPoint/PDF)
• Draft General Plan Vision and Guiding Principles (InDesign/PDF)
• Community Workshop #1 notice, agenda, presentation and summary (Word/PowerPoint/PDF)
• Planning Commission Study Session presentation and summary (PowerPoint/Word/PDF)
• City Council Study Session presentation and summary (PowerPoint/Word/PDF)
PHASE 3 EXPLORING ALTERNATIVES
The exact scope and breadth of Phase 3 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
rev 511106
792119.3
Conduct Scoping Meeting and prior to the time of commencement of Phase 3 work. Typical tasks and
deliverables for Phase 3 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $125,000-$175,000. Costs are to be
determine and negotiated based on the scope of the Project as determined in Phase I at the hourly_
rates as shown in Exhibit B.
PHASE 3 EXPECTED TASKS
• Task 3.1: Team Planning Charrette #1
• Task 3.2: Urban Footprint Land Use Alternatives
• Task 3.3: Concept Alternatives Summary
Impacts on Public Service Expenditures
Impacts on General Fund Revenues
Net Fiscal Impact on General Fund
• Task 3.4: Community Engagement Series 92 — Exploring the Possibilities
o Technical Advisory Committee (TAC) Meeting #2.
o General Plan Advisory Committee Meetings #2.
o Targeted Stakeholder Outreach #2
o Community Workshop 2
• Task 3.5: Planning Commission Study Session
• Task 3.6: City Council Study Session
• Task 3.7: Emerging Preferred General Plan Alternative
PHASE 3 DELIVERABLES
• Team Charrette materials and summary (Word/GIS/PDF)
• Draft Focus Areas of Change (Illustrator/PDF)
• Three Land Use Scenarios for each Focus Area, with UrbanFootprint outputs (UFIGIS/PDF)
• Administrative Draft Concept Alternatives Summary (I nDesign/PDF/1 0 hard copies)
• GPTAC Meeting #2 agenda, presentation and summary (Word/PowerPoint/PDF)
• Targeted Stakeholder Outreach #2 summary (Word/PDF)
• GPAC Meeting #3 and #4 notices, agendas, presentations and summaries
(Word/PowerPoint/PDF)
• Draft General Plan Vision and Guiding Principles (InDesign/PDF)
• Community Workshop #2 notice, agenda, presentation and summary (Word/PowerPoint/PDF)
• Planning Commission Study Session presentation and summary (PowerPoint/Word/PDF)
• City Council Study Session presentation and summary (PowerPoint/Word/PDF)
• Final Concept Alternatives Summary (InDesign/PDF/10 hard copies)
rev 5/1/06
792119.3
• Final Community Vision and Guiding Principles (InDesign/PDF)
• Emerging Preferred General Plan Alternative (IllustratorNVord/PDF)
PHASE 4 A PLAN FOR ATASCADERO 2045
The exact scope and breadth of Phase 4 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and prior to the time of commencement of Phase 4 work. Typical tasks and
deliverables for Phase 4 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $400,00_0-$450,000. Costs are to be
determine and negotiated based on the scope of the Project as determined in Phase I at the hourl
rates as shown in Exhibit B
PHASE 4 EXPECTED TASKS
• Task 4.1: General Plan Framework
• Task 4.2: Administrative Draft 2045 General Plan
:_,
Introduction
o
Land Use and Community Form Element
o
Mobility Element
o
Conservation and Open Space Element
o
Noise Element
o
Safety Element
o
Economic Development Element
c
Environmental Justice Element
o
Public Services and Infrastructure Element
o
Implementation Plan
• Task 4.3. Community Draft 2045 General Plan
• Task 4.5: Community Engagement Series #3 - General Plan Open House
Technical Advisory Committee Meeting #3
General Plan Advisory Committee Meetings #3, #4 and #5
Community Open House
• Task 4.6: Planning Commission Study Session
• Task 4.7: City Council Study Session
• Task 4.8: Draft 2045 General Plan
• Task 4.9: CEQA Initiation (IS, NOP, Scoping Meeting)
• Task 4.10: Draft Program El
o CEQA Guidelines sections:
15183 — Projects Consistent with a Community Plan or Zoning
15183.3 — Streamlining for Infill Projects
15152 — Tiering
rev 511/d6
792119.3
15162 — Subsequent EIRs and Negative Declarations
15163 — Supplement to an EI R
15168 — Program EIR
o 14 focus topics will be of importance
1.
Aesthetics
2.
Air Quality
3.
Biological Resources
4.
Cultural and Historic Resources
5.
Energy Use/Conservation
6.
Geology and Soils
7.
Greenhouse Gas Emissions (GHG )
8.
Hazards and Hazardous Materials
9.
Hydrology and Water Quality
10.
Land Use and Planning
11.
Noise and Vibration
12.
Population and Housing
13.
Public Services (including recreation
14.
Transportation and Utilities and Service Systems
PHASE 4 DELIVERABLES
• Draft General Plan Framework (InDesignlPDF)
• Final General Plan Framework (InDesignlPDF)
• Administrative Draft 2045 General Plan (Word/illustrator/GIS/PDF/5 printed copies)
• Community Draft 2045 General Plan (Word or InDesignllllustrator/PDF)
• GPTAC Meeting #4 agenda, presentation, and summary Word/PowerPoint/PDF)
• GPAC Meeting #3, #4 and #5 notices, agendas, presentations, and summaries
(Word/PowerPoint/PDF)
• Draft General Plan Vision and Guiding Principles (InDesignlPDF)
• Community Workshop #2 notice, agenda, presentation, and summary (Word/PowerPoint/PDF)
• Planning Commission Study Session presentation and summary (PowerPoint/Word/PDF)
• City Council Study Session presentation and summary (PowerPointNVord/PDF)
• Draft 2045 General Plan (Word or InDesign/PDF110 hard copies)
• CEQA Initial Study and Notice of Preparation (Word/PDF)
• Administrative Draft Program EIR (Word/PDF)
• Screencheck Draft Program EIR (Word/PDF)
• Public Release Draft Program EIR (Word/PDF)
rev 5/1/06
792119.3
PHASE 5 CELEBRATE OUR FUTURE
The exact scope and breadth of Phase 5 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and prior to the time of commencement of Phase 5 work. Typical tasks and
deliverables for Phase 5 are expected to include_
EXPECTED COST: TBD. Estimated cost estimate range: $50,000 — $75,000 Costs are to be
determine and negotiated based on the scope of the Project as determined in Phase I at the hour)
rates as shown in Exhibit B
PHASE 5 EXPECTED TASKS
• Task 5.1: Final EIR
• Task 5.2: Planning Commission Public Hearings (2)
• Task 5.3: City Council Public Hearings (2)
• Task 5.4: Final 2045 General Plan (print copy version)
• Task 5.5: Final 2045 General Plan ePlan (online version)
o Custom Software (optional add)
PHASE 5 DELIVERABLES
• Final Program EIR (Word/PDF)
• Final 2045 General Plan — Print Version (Word or InDesign/PDF)
• Final 2045 General Plan — Online ePlan Version (Digital/Tangerine)
• Planning Commission Public Hearings presentations (PowerPoint/PDF) (optional add)
• City Council Public Hearings presentations (PowerPoint/PDF)
PHASE 6 ONGOING TEAM COORDINATION
The exact scope and breadth of Phase 6 work will be refined and negotiated as a part of Phase I work.
An addendum detailing out the exact scope and cost will be executed after completion of Task 1.4
Conduct Scoping Meeting and prior to the time of commencement of Phase 6 work. Typical tasks and
deliverables for Phase 6 are expected to include:
EXPECTED COST: TBD. Estimated cost estimate range: $50,000-$75,000. Costs are to be determine
and negotiated based on the scope of the Prosect as determined in Phase I at the hourly rates as
shown in Exhibit B
PHASE 6 EXPECTED TASKS
• Task 6.1: Client Coordination Calls and Meetings (24 months)
• Task 6.2: Ongoing Project Management (24 months)
rev 511106
792119.3
• Task 6.3: Other Agency Meetings (15)
rav 5/1/06
792119.3
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 43,016
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services for Phases 1-6 will be conducted on a time and material basis not to exceed for each
Phase or group of Phases as negotiated at the hourly rates as set forth in Table B-1. Prior to
the scoping meeting as outlined in Phase 1, it is estimated that the total cost of this contract
will be between $900,000 and $1,500,000.
Services for Phase 1 will be conducted on a time and material basis not to exceed S 43,016 All
additional services authorized by the City of Atascadero, not included in the scope of services
for Phase 1 as defined by this contract, including the scope of work and estimated not to
exceed prices for Phases 2-6 shall be approved in writing by the Consultant and City prior to or
near the commencement of work in that Phase. All work authorized by a City of Atascadero
will be compensated at the same hourly cost for the defined services as agreed to in the
attached Table B-1. Payment will be made within 30 days after receipt and approval of
invoice.
Payments to the consultant in excess of the Phase 1 contract amount of $ 43,016 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.
rev 511106
7921 19.3
EXHIBIT B
Compensation and Method of Payment
TABLE B-1
HOURLY RATES
EPS Principal
EPS Senior Assoicate..._.
BKF Principal
BKF Associate/Senior PM
BKF Senior Project Enqineer
Ambient Senior Staff
Ambient Analyst
rev 511106
792119.3
A _Kanat_
J. Cranor
$ 275.00
$ 205.00
_$
251.00
Intial Person
219.00
- _$
Professional Service Provided
Assigned
Hourly Rate
MIG
Principal In Charq_ a
L. Stetson
225.00
MIG
Project Manager
D. Amsden
$
195.00
MIG
Zoninq/Req. Lead
G. Sharrow
160.00
MIG
Urban Planner 1 GIS Specialist
J. Rodriquez
150.00
MIG
Enqaqement Lead
N..Noyola
140.00
MIG
Website and Technology
R. Bullard _
�_
145.00
MIG
Environmental & CEQA Associates
-
_130.00
MIG
Planninq & Engagement Associates
115.00
MIG
Pro*ect Administrator
-
$
120,00
SWCA
Project Manager _
E. Creel
$
210.00
SWCA
Environmental Planner
B. Cumminqs
$
143.00
SWCA
Natural Resources
J. Claxton
$
210.00
SWCA
Senior Bioloqist
-
$
160.00
SWCA
Bioloqist
-
$
112.00
SWCA
Cultural Resources_ Team_ Leader
L. Leroy
$
205.00
SWCA
ArcheologisttArchitectural
-
$
145.00
SWCA
CADDIGIS
-
$
133.00
SWCA
Technical Editor
-
$
123.00
CCTC
'Principal T
-
$
220.00
CCTC
Senior Enqineer
-
$
185.00
CCTC
Enqineer
-
$
115.00
CCTC
Graphics
-
$
95.00
EPS Principal
EPS Senior Assoicate..._.
BKF Principal
BKF Associate/Senior PM
BKF Senior Project Enqineer
Ambient Senior Staff
Ambient Analyst
rev 511106
792119.3
A _Kanat_
J. Cranor
$ 275.00
$ 205.00
_$
251.00
- $
219.00
- _$
183.00
- $ 155.00
- $ 65.00
EXHIBIT B
Compensation and Method of Payment
rev 511106
792119.3
City of Atascadero General Plan Update I MIG Team Fee Proposal
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EXHIBIT D
Insurance Requirements
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. 1187) covering Automobile Liability, code l (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: $ I,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.
rev 511106
792119.3
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no Iess than ANII.
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 511106
792119.3