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2018/01/17 Michael Baker International, Inc. Development Code UpdateCITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective this l7d' day of January, 2018 ("Effective Date") by and between the CITY OF MENIFEE, a California municipal corporation, ("City") and MICHAEL BAKER INTERNATIONAL.("Consultant"). City and Consultant may sometimes herein be referred to individually as a "Pafty" and collectively as the "Parties." SECTION I. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services to prepare a Comprehensive Development Code and Grading Ordinance, attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope ofServices. [n the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. l.l Term of Services. The term of this Agreement ("Term") shall begin on January 17,2018 and shall end on June 30,2019 (18 month project) unless the l'erm of this Agreement is otherwise terrninated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City's right to terminate this Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in Iight of such status and experience, Consultant shall perfom the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assienment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Subject to the restrictions of Section l.l and Section 8 of this Agreement, Consultant shall devote such time to the performance ofthe Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. 1.5 Authorization to Perfonn Services. Consultant is not authorized to perform any ofthe Services or incur any costs whatsoever under the terms ofthis Agreement until receipt of authorization from the Contract Administrator. 2545/031858-0006 I t?25602.2 25150318580006 117256023a0124/18 SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed THREE HUNDRED TWENTY- FOUR THOUSAND, TWO HUNDRED TWENry DOLLARS ($324,220.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. ln the event of a conflict between this Agreement and Exhibit A, this Agreement shall prevail. 2.1 lnvoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incuned prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of progress bills (i.e., Progress Bill No. I for the first invoice, etc.); b. The beginning and ending dates ofthe billing period; c. A "Task Summary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion; d. At City's option, for each item in each task, a copy ofthe applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; The Consultant Representative's signature. lnvoices shall be submitted to: City of Menifee Attn: Accounts Payable 29714 Haun Road Menifee, CA 92586 2.2 Monthly Pa)'rnent. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. f. p. 25450318580006 117256023k al2lt2t11 Page 2 of l8 Receipts for expenses to be reimbursed; City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payrnent. Ci ty shall pay the remainder of the total amount due pursuant to this Agreemart within sixty (60) days after completion of the Services and submittal to City ofa final invoice, if all of the Services required have been satisfactorily performed in the City's sole and absolute discretion. 2.4 Total Pavment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement, except as authorized by written amendment, signed by both parties. 2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A 2.6 ReimbursableExpenses.Reimbursable expenses are included within the maximum amount of this Agreement. 2.1 Pament of Taxes. Consultant is solel y responsible for the paynent of emplo).ment taxes incurred under this Agreement and any federal or state taxes. 2.8 Parrynent upon Termination. ln the event that Ci ty or Consuhanl temrinates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination (in the City's reasonable discretion). Consultant shall maintain adequate logs and timesheets in order to verifu costs and reimbursable expenses incurred to that date. SECTION 3, FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all lacilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession ofCity. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction faci lities. 25450] 18580006 I1125602)ta a12/l2il1 Page 3 of 18 ln no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task, or flor the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing via the written consent ofboth Parties prior to the submission ofsuch an invoice. SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the t)?es and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement, and any extension or modification thereto The cost of such insurance shall be included in Consultant's compensation (but shall not allow the Consultant's compensation to exceed the maximum amount contemplated in Section 2 of this Agreement). Consultant shall not allow any subcontractor, consultant or other agent to comnence work on any subcontract until Consultant has obtained proofofall insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter- insured suits between City and other Insureds. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the Califomia Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($ 1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the altemative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions ofthe California Labor Code. Determination of whether a self-insurance program meets the standards of the Califomia labor Code shall be solely in the discretion ofthe Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-insurance is provided (and approved by the Contract Administrator), shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers, for loss arising from the Services performed under this Agreement. 4.2 Commercial General and Automobile Liabilitv Insurance. a. General reouirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS (S 1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. lfa Commercial General Liability Insurance or an Automobile Liability lnsurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use ofhired, owned, and non-owned automobiles. 254J0318580006 I 17156O1\f. .171lzt l1 Page4ofl8 b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as lnsurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. If contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by contractor. c. Additional requirements. Each ofthe following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liabiliw Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date ofthe policy must be shown and must be oo later than the commencement ofthe Services. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years afler the expiration or termination of this Agreement or completion ofthe Services, so long as commercially available at reasonable rates. c. Ifcoverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the EIlective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum offive (5) years after the expiration or termination ofthis Agreement or the completion ofthe Services. Such continuation coverage may be provided by one ofthe following: ( I ) renewal ofthe existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement ofthe Services under this Agreement. City shall have the right to exercise, at Consultant's sole cost and expense. any extended reporting provisions ofthe policy, ifConsultant cancels or does not renew the coverage. 254503tE5E0006 117256023f! al2tlzt 17 Page5ofl8 d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 4.4 All Policies Requirements. a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in Califomia. b. Verification ofcoveraee. Prior to beginning the Services under this Agreement, Consultant shall fumish City with Certificates of Insurance, additional insured endorsement for the commercial general liability and automobile liability policies.. All ce(ificates of insurance shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: Comprehensive Development Code Update and Grading Ordinance - Community Development Department. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice ofCancellation is: City of Menifee, 29714 Haun Road, Menifee, CA92586. City must be endorsed as an additional insured for liability arising out ofongoing and completed operations, by or on behalf, ofConsultant. Notice of Reduction in or C ancellation o fC overaue Consultantc shall provide written notice to City within ten (10) working days if: (l) any of the required insurance policies is terminated; (2) the limits ofany ofthe required polices are reduced; or (3) the deductible or self-insured retention is increased. d. Additional insuredl primary insurance. Cit y and its officers, employees, agents, and authorized volunteers, shall be covered as additional insureds on the commercial general liability and automobile liability policies with respect to each ofthe following: liability arising out of the Services performed by, or on behalf of, Consultant, including the insured's general supervision ofConsultant; products and completed operations ofConsultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (l ) year after the expiration or termination of this Agreement or completion ofthe Services. e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- 254J0318580006 I 11256023f1 al2t t2t 11 Page6ofl8 A certified endorsement must be aftached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment oflosses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontraclors. Consultant shall include all subcontractors as insureds under its policies or shall fumish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors sha[[ be subject to all of the requirements stated herein. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms ofsuch insurance are either not commercially available, or that City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies at law or equity, City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy fbr Consultant's breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any pa).rnent, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. SECTION 5. INDEMNIFICATION. 5.1 lndemnification for Professional Liabilitv. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permifted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs ofwhatever kind and nature and, if Consultant does not provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, "Claims") to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. 254503 r 8580006 I 17256023k al2ll2t l1 Page 7 of l8 5.2 Indemnification for Other than Professional Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its oflicers, employees, officials, volunteers, and agents, from and against any and all Claims, 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 subcontractors of Consultant. 5.3 Limitation of Indemnification.The provisions of this Section 5 do not apply to claims occurring as a result of City's sole negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the Term of this Agreement, Consultant sha[[ be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results ofthe Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; otherwise, City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant lor injury or sickness arising out ofthe Consultant's (or its subcontractor's, employee's, or agent's) performance ofthe Services hereunder. Notwithstanding any other City, state, or federal policy. rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for, or become entitled to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. SECTION 7. LEGAL REQUIREMENTS. 7.1 Goveminq Law. The laws of the State of Califomia shall govem this Agreement 7 .2 Compliance with Aoolicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance ofthe work hereunder. Consultant is aware ofthe requirements of Califomia Labor Code Sections 1720, et seq., and 1770, et seq., as well as Califomia Code ofRegulations, Title 8, 25450318580006 I17256023fa at2t 12/ 11 Page 8 of l8 Sections 1600, e/ seq.. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects- If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Consultant will maintain and will require all subcontractor to maintain valid and current Califomia Department of Industrial Relations ("DIR") Public Works Contractor registration during the term of this Agreement. Consultant shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Consultant's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contractor to determine the correct salary scale. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of Califomia, wi[[ be the minimum paid to all laborers, including Consultant's employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations ("DlR") pursuant to California Public Utilities Code, Sections 465, 466, and467 by calling 415-703-477 4. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attomeys' fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services ofany applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 ol the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 178 I, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation (and where applicable), any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-pa).rnent of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such [aws. Consultant shall require the same of all subcontractors. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 254503r85E0006 I l725602lfi al2/ lzt 17 Page9ofl8 7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and wanants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. SECTION 8. TERMINATION AND MODIFICATION. 8. I Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. 8.2 Termination by Consultant Consultant may cancel this Agreement upon 30 days' written notice to City 8.3 Consequences of'Termination. In the event oftermination , Consultant shall be entitled to reasonable compensation for the Services performed up to the date of termination in the City's reasonable discretion; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by, or for, Consultant or City in connection with this Agreement. 8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection l.l. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all ofthe Parties. 8.6 Assignment and Subcontractine. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant, and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement, or any interest therein, without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion ofthe performance contemplated and provided for herein, other than to the subcontractors noled in Consultant's proposal, without prior written approval ofthe Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 254503tE5E@06 | 17256O27h al2ll2tl7 Page l0 of I 8 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination ofthis Agreement. 8.8 Options uoon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Citys remedies shall include, but not be limited to, any or all of the following: a.Immediately terminate this Agreement; b. Retain the plans, specifications, drawings, reports, desigrr documents, and any other work product prepared by Consultant pursuant to this Agreement; Exhibit A; and,/or Retain a different consultant to complete the Services described in d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time ofbreach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services. SECTION 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City (*City Data"). Consultant hereby agrees to deliver the City Data to City upon the expiration or termination of this Agreement. It is understood and agreed that the City Data prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Anyuseof the City Data for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all City Data are confidential and will not be released to third parties without prior written consent ofboth Parties unless required by law. 9.2 Licensing oflntellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant (or its subcontractors, employees, or agents) or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intend€d by this Agreement shall be at City's sole risk. 254r03 t 85E0006 I17256023h al2/ lzt l'1 Page ll of 18 9.3 Consultant's Books and Records. Consultant shall maintain an y and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of thee (3) years, or for any longer period required by law, from the date of final payrnent to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. 9.4 Inspection and Audit of Records. An y records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under Califomia Govemment Code Section 8546.7, if the amount ofpublic funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($ 10,000.00), this Agreement shall be subject to the examination and audit ofthe State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. SECTION IO.MISCELLANEOUS PROVISIONS. l0.l Attomeys' Fees. If either P arty to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the Iitigation. The court may set such fees in the same aclion or in a separate action brought for that purpose. 10.2 Applicable Law; Venue. The intemal laws of the State of Califomia shall govem the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that jurisdiction over such action shall be vested exclusively in Riverside County. 10.3 Severabilitv. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 10.4 Section Headines and Subheadines. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of this Agreement. 10.6 Successors and Assi . The provisions of this Agreement shall inure to the benefit ofand shall apply to and bind the successors and assigns of the Parties 25450t I E5E0006 I l1|a(fi1\h .l2t11! t1 Page 12 of l8 lO.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Dan Wery, Project Manager ("Consultant's Representative"). The Consultant's Representative shall have full authority to represent and act on behalf ofConsultant forall purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the salisfactory coordination ofall portions ofthe Services under this Agreement. 10.8 City Contract Administration. This Agreement shall be administered by a City employee, Cheryl Kitzerow, Community Development Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. a. The City may unilaterally change the identity of the Contract Administrator in its sole and absolute discretion at any time. The City shall give notice of such a change pursuant to Section 10.9 of this Agreement. 10.9 Notices. Any notice which either Party may desire to give to the other Party must be in writing and shall be effective (i) when personally delivered by the other party or messenger or courier thereof; (ii) three (3) business days after deposit in the United States mail, registered or certifred; (iii) twenty-four (24) hours after deposit before the daily deadline time with a reputable ovemight courier or service; or (iv) upon receipt of a telecopy or fax transmission, provided a hard copy of such transmission shall be thereafter delivered in one of the methods described in the foregoing (i) through (iii); in each case postage fully prepaid and addressed to the respective parties as set forth below or to such other address and to such other persons as the Parties may hereafter designate by written notice to the other Palties hereto: To Consultant: To City: City of Menifee 29714 Haun Road Menifee, CA 92586 Attn: Cheryl Kitzerow with a copy to: City Clerk City of Menifee 29714 Haun Road 254503 tE580006 | 17256023t^ al2t 121 l7 Page l3 of 18 Menifee, CA 92586 Seal and Sigrrature of Registered Professional with report/desigr responsibility. 10. I I Richts and Remedies Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies ofthe Parties are cumulative and the exercise by either Party ofone or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 10.12 Intesration. This Agreement, including the Scope of Services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations. representations. or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.13 Countemarts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10. 14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalfofsaid Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision ofany other Agreement to which said Party is bound. 10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigrrs, and all persons claiming under or through them, that in the performance ofthis Agreement there shall be no discrimination against or segregation of, any person or group of persons on account ofany impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. l6 No Third-Parw Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.17 Nonliability of Citv Officers and Emolovees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or 254501t8580006 117256O21h alltt21t l Page 14 of l8 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page ofa technical report, first page ofdesign specificadons, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. any successor in interest, in the event of any default or breach by City, or for any amount which may become due to Consultant or to its successor, or for breach of any obligation ofthe terms of this Agreement. 10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or ernployee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result of this Agreement. 10.19 No Benefit to Arise to Citv Emplovees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over, or has responsibilities with respect to, this Agreement during his/her tenure or for one ( I ) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 10.20 Waiver of Consequential Damaees. In no event sha[[ either City or Consultant have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages ofany kind or nature whatsoever, such as but not limited to loss ofrevenue, loss ofprofits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work intemrption, increased cost of work or cost ofany financing, howsoever caused, even if same were reasonably foreseeable. 10.21 Force Maieure. In no event shall either City or Consultant have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a "force majeure." including, but not limited to: acts ofGod; fire, flood, or other natural catastrophe; acts of any goverrrmental body; labor dispute or shortage; nalional emergency: insurreclion: riol: or war. ISignatures on Following Page] 254503185E0006 t 17256021k al2t l2t 17 Pagel5ofl8 IN wlrNEss WHEREOF, the parties hereto have executed and entered into thisAgreement as ofthe Effective Date. CITY OF IFEE Neil ty Clerk as to Form: J elching, City A ey [Note: 2 officer's sigrratures required if Consultant is a corporation] l/CONSULTANT (-€z4o 7V42 c-v.P 254J01185E0006 117256021f.1t2,t2/11 Page 16 of I 8 .'\ lr'*t1 I Attest:a I EXHIBIT A Scope of Services & Budget As described more fully in the Work Plan below, we will create a user-friendly code that is logically and intuitively organized and formatted. The updated Development will implement the 2013 General Plan and State and Federal requirements, The RFP included a broad rang€ of project objectives. All of the requested requirements and considerations set forth in the RFP scope have been incorporated into the Work Plan. The Work Plan tasks have been organized around eight organizational process phases of updating a development code, and are summarized below. Phase 1- Project Orientation During the initial phase of the project, the Michael Baker team will attend a kickoff meeting with City staff to discuss the Development Code Work Plan and gain an understanding from the City's viewpoint as to which elements of the existing Development Code should stay, Bo, or need updating and why. During this phase, we will prepare the public participation plan, establish the public outreach tools that will be used throughout the update process to communicate with decision-makers and the community, and establish a method for the effective management of the project throu8h re8ular check-in calls with City staff, maintaining/adjusting the project schedule, and processing billings in a timely manner. Phase 2 - Proiect Rollout and lssue ldentification Based on the public outreach tools established during Phase 1, the Michael Baker team will "go live" with the project's outreach tools by launching the proiect webpage. Specific outreach activities and events with various users of the code will be initiated through an intensive "community and code immersion" process. The issues identified through the immersion process will be compiled into a summary memo of issues. Phase 3 - Development Code Analysis and Preparation ofthe Annotated Outline To help inform the ordinance writing process, the Michael Baker team will prepare a brief technical memorandum that provides a detailed analysis of the strengths and limitations of the current regulations, identifies for consideration alternative concepts and "best practice" approaches, and includes a detailed outline of the new code. Phase 4 - Preparation of the Discussion Draft Development Code Euilding upon all previous tasks, the Michael Baker team will develop the draft Development Code during this, the most time-intensive phase of the project. The process will be iterative, working from the annotated outline to detailed ordinance language and illustrations. Our team will prepare the draft Development Code through a series of "modules" in an incremental fashion and in succession based on the level of importance and logical sequencing derived from our extensive experience in updating similar regulations. We will test each module before seeking input from the Planning Commission at a series of study sessions. Following the development of the modules, the community will be afforded an opportunity to review and provide input on the draft Development Code at a public workshop. We will present the draft Development Code at another Planning Commission/City Council study session. We will conclude the phase by preparing the final modules that incorporate comments and observations provided by staff, the community, and the Planning Commission/City Council, Phase 5 - CEQA To satisfy the project's CEQA requirement, the Michael Baker team will prepare a consistency finding with the 2013 General Plan ElR. This approach will demonstrate that the Development Code update is an implementing document of the General Plan and that its environmental effects are adequately addressed in the General Plan EIR Phase 5 - Public Hearing and Adoption Based on feedback provided during the Phase 4 workshop and final study session, we will make corrections to each module and assemble the public hearing draft Development code into one document for publication. The project's Planning Commission and City Council hearin8s will take place following the document's assembly. Phase 7 - Preparation of the Final Development Code Following adoption of the Development Code, the final Development will be assembled, including all changes adopted through the Phase 6 adoption hearings. Grading Ordinance We have also identified an optional task specific for preparation of a grading ordinance, as requested by the RFP. We anticipate further discussions with City staff to understand the objectives of the grading ordinance and will provide a refined scope to fit within the budget for the specific effort that reflects the identified needs of the City Work Plan The Michael Baker team presents the following work plan {scope of work) based on our current understanding of the City's needs and our experience with other similar projects. However, we recognize that we may be unaware of some specific aspects of this particular project. As such, we have incorporated an opportunity under Phase 1 (Project Orientation) to make refinements to the work plan to more accurately meet the City's needs. PHASE 1: PROJECT ORIENTATION Task 1.1 City Staff Kickoff Meeting lvlichael Baker will lnitially meet with select City staff to discuss the Development Code work plan to refine the scope of work and to gain an understanding from the City's viewpoint as to which elements of the existing ordinances should stay, Bo, or need updating and why. ln this meeting, we will: Confirm the existing ordinances for review and consideration during preparation of this Development Code. lt is our understanding these are City of Menifee Title 9 - Planning and Zoning, County of Riverside Ordinance 348 - Zoning, and County of Riverside Ordinance 460 - Subdivision. Discuss the current electronic file status of the identified ordinances. ldentify previous work efforts conducted in coordination with the Planning Commission for consideration. Review previously identified issues and identify City objectives for the Development Code. Discuss City land use, design, and economic development-related preferences and how those influence the Development Code update. ldentify the outreach methods that have worked well in the past, what hasn't worked, community preferences, and target audiences/stakeholders. Discuss options for how the Development Code will be available online and identify appropriate formats to facilitate the City's preferred method. Refine and detail the projed scope, budget, and schedule, if necessary. Task 1.1 Meetirgs: . ln-person meeting between City staff and consultant team. Assumes two Michael Baker team members will attend. Recommended public participation events have been incorporated into this work plan and may be adjusted based on the final public participation plan. Recommended events include: Phase 2: Project Rollout and lssue ldentification . Key Stakeholder Meetings (Task 2.3) . Community Workshop (Task 2.4) . Planning Commission/City Council Study Session (Task 2,6) Planning Commission/City Council Study Session (Task 3.4) Task 1. 1 Deliverables/Outcome: . Final work plan Phase4: Preparation ofthe Discussion Draft . lnput to prepare public participation plan Development Code Task 1.2 Public Participation Plan ' PlanninR commission Module Workshoos The Michael Baker team will present the public participation plan to City staff, which will detail the strategies and tools for informinB stakeholders and the public through the life of the project as well as eliciting meaningful input from community members (see Task 1.3 for proposed public participation tools). The plan will be based on input received from City staff at the kickoff meeting and will establish communication goals, key messages, timeline, project milestones, where public and decision-maker engagement is targeted, and Nlichael Eaker and City staff roles and responsibilities. The plan will also identify key project stakeholders and levels of participation for each outreach event. Task 1.2 Meetings: . No in-person meetings anticipated. Conference calls, as necessary Task 1.2 Deliverables/Outcome: . Public participation plan Iask 1.3 Publi. Participation Tools To inform the community at large about the project, solicit broad-based participation, and to encourage ongoing public participation throughout the project, we recommend the following outreach methods be developed in anticipation of the Development Code project rollout, Task 1.3a Proiect WebDase A landing page for the project on the City's website will describe the project background and goals, provide project updates, and offer a way for community members to subscribe to receive email updates about the project and public participation opportunities. Phase 3: Preparation of the Annotated Outline Task 1,3b Educational Materials We will create well-designed educational materials, such as a one-page flyer, to clearly convey project goals, relevance of the Development Code to residents' daily life, and community involvement opportunities in a way that supports a transparent information exchange and reduces misperceptions and misinformation. This information can be disseminated via email, social media, the project website, or as paper flyers and posters. Task 1.4 Proiect Management (ongoing) Dan Wery will serve as the primary point of contact with City staff. Ongoing project management duties will include internal and external coordination, billings, record keeping, scheduling, meeting coordination, staff work assignments, and quality control reviews. Dan is very communicative, committed, enthusiastic and responsive. He will ensure a high level of responsiveness and direct interaction with the Community Development Director or Community Development Department designee. Task 1.4 Meetings: ' Scheduled coordination calls every two weeks between City staff and consultant team Task 1.4 Deliverables/Outcome: . Coordination call meeting agenda and notes . Monthly progress status memos to accompany monthly invoices PHASE 2: PROJECT ROLLOUTAND ISSUE IDENTIFICATION Task 2.1 Go Live with Public Participation Tools The Michael Baker team, in coordination with City staff, will go live with the public participation tools identified in Task 1.3 (and as may be identified in the refined public participation plan). Task 2.1 Meetings: . No in-person meetings anticipated . Conference calls, as necessary Task 2.1 Deliverables/Outcome: . Public participation tools will be live and available for access by the public Task 2.2 City Stafi Working Summil No one knows the City and zoning and subdivision related issues better than staff. Michael Baker will facilitate an "all hands" interactive discussion with City-designated staff to gain an understanding of what's working and not working, as well as exceptions regularly granted or practices in place where the code is silent. We want to hear about how staff interacts with the ordinances understand how they could be improved from staff's perspective. We willdiscuss what changes, modifications, or new standards or procedures would improve the issues identified, and ultimately determine a clear staff view of which information requires the greatest level of attention. The intent is to obtain City staff's perspective of the issues concerning the existing ordinances and to identify how the Development Code project can better assist them in their duties. Potential data resources, including documents, plans, studies, programs, etc., not previously provided, will be identified and provided by City staff ldentification of issues in the early stages of the project will inform project review and organization and should solicit input from all users of the Development Code. Michael Baker proposes an intensive "community immersion " process that compresses a series of project tasks designed to solicit input from all users of the Development Code into a period of a fe\ry weeks. This immersive process helps to quickly build relationships with key City staff members, while also compressing necessary project tasks (that often span months) into a more efficient and economicaltimeline. Task 2.2 Meetings:. ln-person meeting between City staff and consultant team, Assumes two Michael Baker team members will attend. Task 2.2 Deliverables/Outcome: . Summary memo of input received Task 2.3 Kev Stakeholder lntcrviews Michael Baker knows that early interviews with key stakeholders-elected officials, Planning Commission members, committee and/or commission members, select business owners, and large landowners-allows for a more candid conversation than an initialgroup conversation. Early stakeholder interviews will help pinpoint issues, opportunities, and concerns up front, as well as establish the relationships needed for continued community engagement. These interviews will be used to reveal relevant key issues of concern and improvements and enhancements to make the ordinance more effective, easier to understand, use and administer. The Michael Baker team recommends conducting a thorough stakeholder analysis that includes one-on-one or smallgroup interviews with up to eight (8) project stakeholders. lnterviews will be scheduled on two consecutive days. We will work with City staff to develop a project stakeholder list. lt is recommended that this list comprise select individuals and/or group representatives identified by the City's Project Manager as key stakeholders in the community (i.e., neighborhood groups, local builders, community representatives, major property owners, developers, employers, etc.). Because of their significance in the community or their enhanced familiarity with the content and impacts of the existing ordinance provisions, these stakeholders will be vital to assisting the project team in identifying issues with the identified ordinances. During the interviews, we will review topics of interest with each stakeholder individually and identify perceived strengths and weaknesses of the existing ordinances, their respective priorities and project objectives, and issues for the Development Code preparation process. Task 2.3 Meetings: . ln-person meeting(s) with up to eight (8) stakeholders. Assumes two Michael Baker team members will attend each interview. Task 2.4 Community Workshop Michael Baker will facilitate a community workshop to share information about the project, vet the key issues that have been identified to date, and collect more nuanced feedback about each key issue. Participants would have the opportunity to choose the key issues that are most important to them and work in small groups to identify desired outcomes related to each issue. Participants would also have the opportunity to discuss place-specific nuances of the Development Code. Our community engagement specialist, Siri Champion, will work with staff to select the most appropriate workshop approaches, tools and activities to best engage the community in a fun, informative and efficient manner. Task 2.4 Meetings: . One community workshop. Assumesthree Michael Bakerteam memberswill attend following the working session. Examples include a list ofvariance requests, code interpretations, and pending corrections to the existing ordinances. Task 2.3 Deliverables/Outcome: . Stakeholder interview questions . Summary memo of input received Task 2.4 Deliverables/Outcome: . Presentation and workshop materials . summary memo of input received Task 2.5 KeV lssues Memorandum The Michael Baker team will prepare a memorandum that summarizes the input, key findings and issues identified, and priority objectives of the community immersion tasks and issue identification process. Task 2.5 Meetings: . No in-person meetings anticipated . Conference calls, as necessary Task 2.5 Deliverables/Outcome: . Key lssues Memorandum, including summary of input received, key findings and issues identified, and priority objectives from the issues identification process Task 2.6 PlanninE Commission/City Council Study Session Michael Baker will present the Key lssues Memorandum to the PlanninB Commission and City Council for feedback and discussion. A brief PowerPoint presentation with an overview of the process and pro.iect schedule highlighting key steps and milestone deliverables will also be provided. Task 2.5 Meetings: . ln-peBon study session. Assumes two Michael Example Audit criteria (to be reflned in Baker team members will attend. coordination with cty staff): Task 2.6 Deliverables/Outcome: . Presentation and study session materials . Summary memo of input received Organization and ease of administration Development standards PHASE 3: PREPARATION OF THE ANNOTATED OUTI.INE Special use provisions Definitions To help inform the ordinance writing process, the lMichael Baker team will prepare a brief technical memorandum that provides a detailed analysis of the strengths and limitations ofthe current regulations, identifies for consideration alternative concepts and "best practice" approaches, and includes a detailed outline ofthe new code. The summary report will include the specific tasks detailed below- Districts lncorporation of sustainability, low-impact development, energy conservation, water conservation and other best management practices Facilitation of in-fill development and redevelopment Task 3.1 Audit ol the Current Ord inan ces and Suggested . Encouraging diversification of quality housint Changes types This task includes an audit of the current Zonine. subdivision, and other identified ordinances to-Jetermine ' Facilitating efficient development that what parts of the ordinances are still effective and what minimizes infrastructure outlays and reduCes issues and challenges exist that may need to be fiscal impacts addressed. rhiswillincluderecorr::1,:'1::,"-L"-:r].T r Ftexibitityorganization, general plan implementation, consistency with all relevant state and federal laws, identification of antiquated regulations and/or gaps, and opportunities to incorporate best practices. Our team will work with City staff to develop criteria for the audit, The team will develop an initial audit memorandum that outlines areas of effectiveness and potential deficiencies. The memorandum will include a matrix of criteria and indicate graphically how well the current ordinances addresses the criteria. This step will help organize proposed changes and inform the process as preparation of the Development Code moves forward. This exercise will build on the issues identified during the community and code immersion process that need to be addressed as part of the update effort. The audit memorandum can also be used to track significant revisions to the existing ordinances and assist in the preparation of staff reports for public hearings, leading to adoption of the Development Code. Task 3.1 Meetings:. ln-person meeting between City staff and consultant team. Assumes two Michael Bakerteam members will attend. Task 3,1 Oeliverables/Outcome: . Audit memorandum with recommendations Task 3.2 ZoninS Map Review and Gap Analvsis With the recent adoption of the 2013 General Plan, there are a number of inconsistencies between the adopted land use map and the current zoning map. Utilizingbase map data from the City, Michael Bakerwill run a map analysis to determine where inconsistencies exist now between the adopted General PIan and the current zone districts. The intent is to identify where rezones are necessary for consistency with the General Plan and where there are Baps in the existing zone district structure for implementation of the General Plan. General Plan consistency reviews will also be performed under separate tasks and may result in specific changes to the zoning map to ensure that the zone districts implement the land use designations and other policies of the 2013 General Plan. Task 3.2 Meetlnts: . ln-person meeting between City staff and consultantteam. Assumes two lvlichael Bakerteam members will attend. Task 3.2 Deliverables/Outcome: . Summary memorandum ofgap analysis (map form) Task 3.3 Preparalion of Annotated Outline We will prepare a draft annotated outline that reflects all inputs and findings derived from the previous tasks, including the technical review and input received from the Planning Commission and the City Council, key project stakeholders, and the general public. The annotated outline will preview the new development code structure by illustrating a chapter-by-chapter sequence and description of the entire code's contents prior to the preparation of each individual chapter to explicitly identify the intended changes and the rationale for those changes. The annotated outline will serve as the "road map" for the actual update process and will include: . An overview of the structure and organization of the Development Code. Descriptions of all zoning districts . Des€ription or the recommended approach and commentary explaining the rationale behind the recommendation . Notations of obsolete areas removed and new content introduced . Notations of where previous code content has been included Working in concert with City staft Michael Baker will develop a logical and intuitive organization and chapter order based on purpose and function of the chapters and that reflect the ways users interact with the code. ln general, the table of contents and the internal structure of chapters within an updated code or ordinance should be organized to reflect the sequence in which code/ordinance users most commonly need to find specific information. The Michael Baker team has devoted considerable attention to identifying principles for organizing, formatting, and otherwise presenting land use regulations in ways that significantly improve ease of use, The following is an example of a preliminary organization where chapters are grouped into sections or parts. Part 1: Part 2: Part 3: Part 4: Part 5: Part 6: Task 3.3 MeetlnBs:. No in-person meetings anticipated. conference calls, as necessary Task 3.3 Deliverables/Outcome: . Draft annotated outline Task 3.4 Meetings: . ln-person meeting between City staff and consultant team. Assumes two Michael Baker team members will attend. Task 3.4 Deliverables/Outcome: . Public review draft annotated outline Task 3.5 Planning Commi5sion/City Council Study Session The Michael Baker team will present the technical analysis of existing ordinances as well as key elements of the annotated outlineata Planning Commission and City Council study session. The annotated outline will alsobe distributed to those stakeholders who participated in Phase 2 adivities prior to the study session to solicit their feedback and to keep them engaged in the review and comment process. lnput received at this study session will be considered prior to drafting the final annotated outline. Task 3.5 Meetings: . ln-person study session. Assumes two Michael Baker team members will attend Task 3.5 Deliverables/Outcome: . Presentation and study session materials . Summary memo of input received Task 3.6 Preparation ol FinalAnnotated Outline The Michael Baker team will prepare the final annotated outline that incorporates comments and observations provided by City staff, the community, and the Planning Commission and the City Council. Task 3.6 Meetints: . No in-person meetings anticipated o Conference calls, as necessary General Provisions and Administration Zone Districts Permits and Procedures Site Development and Performance Standards Special Use Regulations Subdivision Regulations (can be split off into a separate Title) Task 3.4 Review Existing Code Audit and Annotated Outline with City Staff We will meet with City staff to receive comments on the technical memorandum and annotated outline. The Michael Baker team will incorporate suggested changes into the public review draft annotated outline. Task 3.6 Deliverables/Outcome: . Final annotated outline PHASE 4: PREPARATION OF THE DISCUSSION DRAFT DEVELOPMENT CODE This task will comprise the most significant time period of the project schedule. The process will be iterative, working from the annotated outline to more detailed ordinance language and illustrations. Our team will prepare the draft Development Code for each "module" incrementally and in succession based on the level of importance and logical sequencing derived from our extensive experience in updating similar regulations. Task 4.1 Discussion Dratt Development Code and Module Development As the Development Code preparation process progresses, we will work with City staff to develop a "road map" that will establish a prescribed protocol and standard procedures for the creation and review of the discussion draft Oevelopment Code. The discussion draft's language will be based on the objectives, issues, and findings of all prior tasks. Due to the sheer volume and complexity of the information in this effort (and based on our previous experience), Michael Baker recommends managing the discussion draft ordinance development process through a series of "modules." Though the number of modul€s and the sequence of adoption of each module are uncertain at Michael Baker will seek opportunities to make the this early stage, we anticipate organizing review of th€ code more user-friendly. This includes: discussion draft zoning Ordinance into the following five modules. Each module represents a logical and intuitive . Using straight forward language with an adive grouping of chapters and sections to improve voice and short sentences and paragraphs to understanding, use and implementation of the code. achieve brevity and clarlty Module 1: General Provisions and Permits and . Simplifying, streamlining and clarifying existing Procedures standards and processes Michael Baker will review, incorporate, and update the procedural and administrative provisions as determined ' Updating, modernizing and adding missing, to be needed by City staff, includinS: needed standards, processes, zones . Purpose and applicability . Roles and responsibirities ' use of tables to consolidate' reduce and . permits and procedures eliminate redundancY ' Enforcements . lncorporating illustrative graphics for ' Definitions appropriate terms, calculations, concepts and Module 2: zone Distri€ts regulations We strongly encourage the use of allowed use and . Attractive, easy to read format with clear development standard tables to improve the navigation and understanding of the code. They also reduce the ien8th of the ordinance by eliminating the repetition and redundancy. Even if not ultimately incorporated into the code, we intend to prepare such schedules or matrices to help evaluate and compare the existing zones, They help identify the similarities and differences that distinguish the zones. and help us determine where zones can be consolidated, eliminated or modified to improve performance. Based on evaluation of the schedules, we will evaluate the permitted uses and the required permit approval for each. Module 3: Site Development and Pedormance Standards Michael Baker will evaluate and consolidate the general zoning standards and regulations that apply in multiple zoning districts or use types, including preparation of new development standards as needed to implement the objectives of the General Plan. Our special urban design and economic strategist advisors will work with our zoning specialists to enhance the standards to reflect contemporary trends, Menifee's diverse characteristics and promote attractive development. For some limited standards (i.e., sign standards) we recognize that the City has recently completed an update and adoption effort. For these standards, the focus will be on organization and consistency within the overall code context. Completion of this subtask will provide the City with reorganized and easy to use and understand general zoning standards. Contents will likely include the followinSl . General site planning and zoning standards, includingi site access requirements; fences, hedges, walls, and screening; noise regulations; outdoor lighting standards; performance standards (e.9., air quality, glare, vibration); and other topics determined to be appropriate by City staff. . Affordable housing requirements, housing density bonus provisions, and related incentives, consistent with State law. . Landscaping standards, including specific requirements for preliminary and final landscape plan submittal and review. . Off-street parking and loading standards. . Sign standards. . Slope, hillside, and ridgeline development standards. . Grading standards (if applicable). Module 4: Specific Use Regulations The existing Planning and Zoning Code includes chapters dedicated to special use standards and procedures, However, they are not grouped, organized or coordinated in any apparent way. We will sort and relocate such chapters and standards to more appropriate and relevant or related sections. Michael Baker will evaluate and organize these regulations that address standards for specific land uses that may include, but are not limited to, accessory dwelling units, siting of wireless communication, hookah lounges, marijuana cultivation, and other uses as directed by City staff. This task will also consider development of specific use standards for new uses identified through prior work plan phases. Contents for each specific use to be considered typically include (ifthey differ from the general development standards)l . Standards related to maximum size and intensity of use . Location . Hours of operation . Setbacks and screening . Parking and loading locations . Refuse collection o Vehicular and solar access . Scre€ning of mechanical equipment and outdoor stora8e Module 5i Subdivision Regulations The City is currently relying on the County of Riverside Subdivision Ordinance regulations. There is a desire to develop subdivision regulations that respond to the City's General Plan goals and objectives, including being more responsive to contemporary trends, recognizing the diverse physical characteristics of the City and encourage quality development. This includes addressing small-lot, infill, and mixed-use development, and instituting a sense of place unique to Menifee. The proposed subdivision regulations will focus on compliance with the Subdivision Map Act, implementation of the General Plan. internal consistency with the proposed zoning ordinance regulations, and incorporation of best pra€tices and standards reflective of contemporary trends appropriate to Menifee. The same principles of an organized, easy to navigate document with the use of graphics and tables will be applied to the subdivision regulations as they are in the other components of the Development Code. We have intentionally proposed that the subdivision regulations be developed in a stand-alone module for easy insertion into the City's municipal code separate from the zoning ordinance. Task 4.1 Meetings: . No in-person meetings anticipated . Conference calls, as necessary Task 4.1 Deliverables/Outcome: . Module organization . Discussion draft module text and graphics Task 4.2 Test Cases As part of this task, the draft modules will be "tested" by applying proposed processing requirements, district regulations or standards to up to four (4) project types in Menifee. We would typically recommend using a project application that has been previously reviewed and approved to note how the proposed regulations differ from previous regulations. Michael Baker staff will work with City staff to identify previously reviewed projects that would best demonstrate the application of the proposed development code regulations the City is most interested in testing. The draft Ianguage may be adjusted as necessary based on the results of the test case process. Task 4.2 Meetings: . No in-person meetings anticipated . conference calls, as necessary Task 4.2 Deliverables/Outcome: . Summary memo of test mapping outcomes and recommended changes . Refined discussion draft module t€xt and graphics, as needed Task 4.3 Draft Zoning Map Changes Utilizing base map data from the City, the Michael Baker team will incorporate the map changes to provide a graphic representation of the Zoning Map updates identified in previous tasks, Using the format developed with the staff, the Michael Baker team will develop zoning Maps showing proposed zoning map changes. Task 4.3 Meetings: . No in-person meetings anticipated r Conference calls, as necessary Task 4,3 Deliverables/Outcomel . Draft zoning map Task 4.4 City Staff Review oI and Comment on Discussion Draft Code Modules and Zoning Map For each module of the code update and the draft zoning map, the Michael Baker team will provide City staff with a draft copy for internal review and comment by all relevant City departments. The City's Project Manager will then provide on set of consolidated comments from all internal staff comments. We will use this consolidated set of comments to conduct a detailed staff review meeting of each module. We will incorporate desired staff modifications into each draft module prior to presenting each module to the Planning Commission. Task 4.4 Meetings: . ln-person meeting between City staff and consultant team. Assumes two Michael Eaker team members will attend. Task 4.4 Deliverables/Outcome: . Public review discussion draft modules . Revised zoning map Task 4.5 Planning Commission Module Workshops ln order to keep the Planning Commissioners apprised of the projed updates/progress, minimize changes, and avoid unexpected issues raised during the formal adoption process, we would conduct a series of Planning Commission workshops. The workshops will include a presentation to the Planning Commission, after which the commissioners will have the opportunity to offer input and guidance to City staff and/or the Michael Baker team for each module. The presentations will give a brief overview of identified issues, explanation and rationale used in the creation of the proposed ordinance revisions, and stakeholder input received. Feedback will be taken and used in the preparation of the final Development Code. Up to five work sessions are anticipated under this task and would be organized around the modules identified with City staff in Task 4.1. Task 4.5 Meetings: . Up to five (5) in-person Planning Commission workshops. Assumes two Michael Baker team members will attend each workshop, Task 4.5 Deliverables/Outcome: . Presentation and workshop materials for each workshop . summary memo of input received from each workshop Task 4.6 Planning Commission/City Council Study Session Similar to the community meeting, we recommend holding one combined Planning Commission/City Council study session to summarize and highlight key issues within each module that were identified as a priority or central focus through previous efforts, including at the Planning Commission module work sessions. The Michael Baker team will assist City staff and meet with the Planning Commission and City Council to receive comments on the discussion draft and solicit any final considerations prior to the drafting of the final Development Code. Task 4.5 Meetings: . ln-person study session. Assumestwo Michael Eakerteam memberswill attend Task 4.5 Deliverables/Outcome: . Presentation and study session materials . Summary memo of input received Task 4.7 Preparation oI Final Modules and Zoning Map The Michael Baker team will prepare the final modules and zoning map incorporating comments and observations provided by City staff, the community, and the Planning Commission and the City Council. Task 4.7 Meetings: . No in-person meetings anticipated o Conference calls, as necessary Task 4.7 Deliverables/Oulcome: . Final module text and graphics . Final zoning map PHASE 5: CEQA This phase involves preparation of environmental analysis for the project in compliance with CEQA requirements. The Michael Eaker team will prepare a consistency finding with the recently certified 2013 General Plan EIR that would demonstrate that the Development Code update is a later project of the General Plan and that its environmentaleffects are adequately addressed in the General Plan ElR. Task 5.1 Prepare a GP EIR FindinB ot Consistency We will prepare an administrative draft finding of consistency including a project description and confirmation that the Zoning Modernization project is consistent with the analysis completed in the 2013 General Plan ElR, which was recently certified. The consistency finding will provide substantial evidence that the Development Code update would not result in a new significant environmental impact or an increased severity of a previously identified environmental impact from the project or changed conditions. This finding is possible based on the assumption that the code update and amendments will implement the objectives of the General Plan and will not create new policy that would result in significant changes in the previous analysis conducted. lf such changes are necessary and desired, we will provide a separate scope and fee upon reguest. Upon receipt of City comments/ we will finalize the consistency finding. No public review or response to comments on the consistency finding is required. However, Michael Baker will provide technical assistance to respond to any comments received. Task 5.1 Meetings: . No in-person meetings anticipated o Conference calls, as necessary Task 5.1 Deliverables/Outcome: o Admin draft and final consistency finding PHASE 6: PUBLIC HEARING AND ADOPTION Task 6,l Consolidate Public Hearing Draft Development Code All modules will need to be packaged into a single coherent and readable document, with consistent format, table numbering, cross-references, and hyperlinks. The complete draft will go through public review prior to formal review and adoption by the Planning Commission and the City Council. The Michael Baker team will consider the ultimate tool chosen by the City to malntain the code long-term, such as an online code management website, and will provide documents in an appropriate format. Task 6.1 Meetings: . No in-person meetings anticipated o Conference calls, as necessary Task 6.1 Deliverables/Outcomel . Public hearing draft consolidated Development Code, including zoning map Task 6.2 Planning commission Public Hearing Michael Baker will provide technical support to City staff during the formal adoption process for the Development Code. One team member will attend the Planning Commission hearing to complement City staff or present specific technical aspects of the new code. Task 5.2 Meetings: . ln-person Planning Commission hearing. Assumes one Michael Baker team member will attend Task 6.2 Deliverables/Out€ome: . Presentationmaterials . Errata, if necessary, reflecting changes recommended by Planning Commission to the public hearing draft Task 6.3 City Council Public Hearings Michael Baker will provide technical support to City staff during the formal adoption process for the Development Code. One team member will attend up to two City Council hearings to complement City staff or present specific technical aspects of the new code. Task 5,3 Meetings: . Uptotwo(2) in-person City Council hearings. Assumesone Michael Baker team member will attend Task 5.3 Deliverables/Outcome: . Presentationmaterials . Errata, if necessary, reflecting changes adopted by City Council to public hearing draft . Final Development Code components, including zoning map PHASE 7 PREPRATION OF FINAL DEVELOPMENT CODE Task 7.1 Final Development Code Following final adoption by City Council, Michael Baker will incorporate all changes adopted durinB the public hearing process and assemble the adopted Development Code for delivery to the City. The Development Code will be prepared using word processing tools available to the City, such as Word, Excel, and Adobe and basic web language (HTML, XML, etc.). It is important that the Development Code be easy to maintain for the City and easy to access, navigate, search, copy, print, share and update for printable copy and web-hosting. The Development Code should be an attractive, intuitive document design in both paper and electronic forms that is easy to read, access and navigate. We propose providing electronic copies of the Development Code components that have active link capabilities to facilitate use and navigation of the document for staff and the public, as needed. Active links would be imbedded in the Table of Contents, headers and other selected text that allow the reader to more directly jump between sections, chapters, articles or parts of the Development Code. Task 7.1 Meetings: . No in-person meetings anticipated r Conference calls, as necessary Task 7.1 Deliverables/Outcome: . Final Development Code components GRADING ORDINANCE Michael Bakerwill review and consider the existing Riverside County Grading Ordinance. Due to the nature of the scope and application of grading ordinances, we have identified an estimate based on a general level of effort for incorporating updates to the Grading Ordinance into the Work Plan identified above. A refined scope will be prepared to fit within the proposed budget. Our civil engineers have excellent working knowledge of the advantages and disadvantages among grading ordinances throughout southern California. We will leverage their experience and expertise to help us identify and evaluate the best grading ordinance practices, standards and procedures. This work will be prepared concurrently with the other components of the development code, including the same review steps, workshops, deliverables, and study sessions. We would propose this ordinance be reviewed as a sixth and separate module, and that it be incorporated into the Menifee Municipal Code as an independent ordinance. e ShCl'lON 8 PROP()SIID FEE FOR SERVICE Revised Budget Olrtion .3 - C ontingency Onll 1 3b Educalonal lvarer6ls 2 2 Statt 2 3 Slakehoher htervM 3 5 POCC Slaff Review oi lvbdules and ! 6 POCC 4 7 Fnal l'&d!les and lvhp 10 12 i2 32 + 2 l-lllE6s :ou I s.aao $85 $65 2A 5 $150 12 E $150 0150 s130 s110 5125 s95 1 . 1 cllY Stalf Kcloll l'/helmq $2m $18C I 01.165 $ $ 2 330 s 2,375 $ 26,920@i 960 6 3 16 16 1 2 152 1 2 2 a _r--l 1 10 20 12 2 36 12 21 16 16 16 2 2 108 t 3,7m $ 200 I 8.320 $ 7,955 5 $ 400 500 $ 14 215 124 29E t19,320 s 36 5 4.450 s 20012 5 73 16 22<16 2411232 6 114sdl- -- 3.2 ZsrE Map R€yry attr oi A.rctated Clutlre33 26Dcca ls zm2A54,34O610 12 $4 335 $ 200129 110 t74,230 1 2 l 27E 535 10 144 s6.360 34 $4190 3 r00 38 $5 86012 10 12 I 68 164 16 16 172 s24 630 $ 1.00062aa 2 s4 33s $ 2oo1 I 121 s16 030 Ph.8€ 4i Dbcwrloo Dralt 0.nt Code s135635 16Ph.8o 3: turlyEBrAnmtebd Outllne 146.495 121Phr.6I: Prolccl OrLnt tlon I 8 I16 116 12 t6 aomp.ehensN. Oevelopmcnt Code Updalr 10 32 16 6 5 Section A Propoied re€ lor Servi.es lss a.5 rc [,bdute lrtorEl4ai!) t3t 2 I 16 6 24 56 55 a '2. 4 '12 16 36 1 l -f-_f_ ffi 1 $e.72 58.4 s11,2 $4.15 ES.A4 116.03 51 ${ s4 9a l: s63 I $2s. s2. $1 Compreheneive Developnrcnl Code Update 6. 1 Crrnsoldare Frrblc l-leanng LYalt 62 Coiriinon rhmg (1) 6.3 8.2 Applcat9n Ftrc - aholfe. il Decassary fhe lotat esnna/3d buqet I nd b. u.*dd illwlt p.oqr adnonzaiort. Tot.t &dg.tLer! oPtlon.l 1.3k. !289,8/o Contlng.ncy erdg.i(0%) t 10,160 Tord ardg.t L.3s optror.l r.3ki wftn co.larg.ncy tt!,l,,ooo e Gts GIS T.ch Edilor S Zonirg CEOA in Cnalg. QA/QC s180 s150s260s200 s150 s125s110s150 $130 I 055 Total BourlrBdger wnt Optional T.3l!3361.265 Option.l Ta6I l:e.dhg O'(linamo .l T.3l 2: E/rcodsPl6 Onlin€ Publ*r 24 tr2 56 I rrrl ur.zol 59 360 5 5.0@ s4.195 600 11 2s r rsl srs.sols Pha36 8:s 22 845 12 s8,190rel oolPharo 7: Fnrl Do Phr3e 5: CEOA PteB€ 0:Publlc llea isl 121 s15550 60 1 TolalAdhin Total lburs Total Lrbor IIaecl Co3t3 iseslms 65. 21 1l I i2l 161T--T_-d 4f 6 1 I 12 66 I $!.3-4 t48 | 'l ol .o7J a!r]E./".|- mo se(hon 8 Propoted F4.or *.r,*t m