Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: AUGUST 27, 2023
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MIG
CONSULTING FOR A COMPREHENSIVE UPDATE TO THE GENERAL
PLAN
EXECUTIVE SUMMARY
The City Council will consider approving a Professional Services Agreement with Moore Iacofano Goltsman, Inc. Consulting for a not-to-exceed amount of $669,058 for Phase III of the General Plan update project, to comprehensively update the City’s General Plan.
Moore Iacofano Goltsman, Inc. Consulting has previously worked with City staff to complete Phase I of this project, the General Plan Housing Element update, and is currently working on Phase II, the City’s General Plan Housing Element Implementation Program. Phase III, the Comprehensive General Plan Update, represents a critical step forward in ensuring that the City’s General Plan remains relevant, responsive, and reflective of the needs and aspirations of the community.
RECOMMENDATION
That the City Council:
1. Approve the Professional Services Agreement with Moore Iacofano Goltsman, Inc. Consulting for General Plan services to complete a Comprehensive Update to the City’s General Plan, for a 22-month term beginning on August 28, 2024 with optional two (2), one (1) year term extensions, for a total contract amount of $669,058.
2. Authorize an appropriation in the amount of $51,158 from the General Fund – Fund Balance to General Fund – General Plan Account No. 10-4-5115-0700.
BACKGROUND
In 2020, the City entered into an agreement with Moore Iacofano Goltsman, Inc.
Consulting (MIG), to assist staff in Phase I of the General Plan update project, a task that called for the preparation and certification of the General Plan’s Housing Element, to remain complaint with state law. Subsequently, the City Council adopted the Housing
PROFESSIOINAL SERVICES AGREEMENT WITH MIG CONSULTING
AUGUST 27, 2023
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Element in August 2022, which was certified by the State Department of Housing and Community Development (HCD) soon thereafter.
The City’s Housing Element contains an “implementation” section that lists various programs to be implemented (Phase II), particularly programs related to zoning, including zone changes and new development standards to accommodate Downey’s Regional Housing Needs Allocation (RHNA). As such, in August 2023, City staff began Phase II of the General Plan update project, which involves completing a Housing Element Implementation Program, with the assistance of MIG. The implementation program process is currently underway, and involves public outreach, workshops, and study sessions, followed by public hearings before the Planning Commission and City Council.
This process is anticipated to be completed in 2025.
ANALYSIS
As a next step in the completion of this multi-year General Plan update project, Phase III involves a Comprehensive Update to the General Plan, specifically focusing on updating the remaining General Plan Elements: Circulation, Open Space, Conservation, Economic Development, Design, Safety, and Noise. The City’s current General Plan has a sunset year of 2025.Moving forward with Phase III will ensure that the aforementioned Elements’ policies and programs are aligned with land use map changes that are to occur as part of Phase II. Additionally, Phase III includes the preparation of technical studies to examine economic impacts related to proposed land use map changes, as well as developing Historic Context Statements and Architectural Style Guides customized for Downey.
A historic context statement focuses on describing historical development patterns within which the significance of a local resource can be understood. The historic context (statement) is an organizing structure for grouping information about historic properties that share a common theme, place, and time.
Historic context statements also provide an analytical framework for identifying and evaluating resources by providing, focusing on, and concisely explaining what aspects of geography, history, and culture significantly shaped the physical development of a community or region’s land use patterns and built environment over time. They identify what important property types were associated with those developments, why they are important, and what characteristics they need to have to be considered important representations of their type and context.
Historic context statements provide clear criteria for evaluating significance and integrity, and a good context provides a template for identifying, evaluating, and developing plans for the treatment of historical resources even in the absence of complete knowledge of individual properties.
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The Architectural Styles Guides would be developed specifically for the City of Downey, for prevalent architectural styles identified during the development of the Historic Context Statements and through existing research and local knowledge. The Guides would feature local architectural examples and would serve to highlight architectural “character- defining features” to promote and encourage their preservation. These Architectural Style guides would be web- and mobile-friendly and could also be printed for educational purposes (i.e., used by realtors, provided to home owners and prospective home buyers, etc.). As part of the scope, staff will be working with the consultant on various activities related to historic resource assessment related to known historical structures in Downey.
As part of those activities, the consultant would prepare a “Historic Structures Report/Rehabilitation Study” which would include the development of a “conditions assessment”; and “repair or treatment recommendations” of historical structures, so the City can plan for the next steps of restoration work needed.
Community Outreach and Timeline
As has been past practice, the community is encouraged to be involved in this project, and the proposed Scope of Services includes expanded public engagement and community outreach tasks. Staff will hold a kick-off meeting for Phase III with the consultant, upon contract approval by City Council, and it is anticipated that the project will be completed by December 2025. Exhibit A of Attachment A, describes Phase III’s community outreach plan and major outreach milestones, which include the following:
• Winter 2024 - Community Meetings, Pop-up Events/Activities • Winter 2024 – Board, Commission and Committee Presentations • Spring/Summer 2025 – General Plan Education Campaign
• Summer/Fall 2025 – General Plan Policies and Priorities Community Input Tools/Survey
The proposed comprehensive update to the General Plan represents a critical step forward in ensuring that the City’s General Plan remains relevant, responsive, and reflective of the needs and aspirations of the Downey community.
Since 2020, MIG has provided City staff support in all phases of the General Plan update project, including the development and state certification of the Housing Element, as well as with the development of the Housing Element’s associated Implementation Program.
MIG’s extensive familiarity with the community’s General Plan components are extremely beneficial for the City, as it moves forward with Phase III, and its related expanded Scope of Services (Exhibit A of Attachment A). As such, staff is recommending that the City enter into a Professional Services Agreement (PSA) with MIG. The MIG team, consist of several highly qualified professionals, including specialized subconsultants, who have experience in all aspects of Planning and Environmental Review, including the preparation of General Plans, Economic Development, and Historic Preservation.
PROFESSIOINAL SERVICES AGREEMENT WITH MIG CONSULTING
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Recognizing that Phase III of the General Plan update project would begin in FY 2024- 2025, staff budgeted a projected $617,900 in Community Development Account No. 10- 4-5115-0700 (General Plan). However, the final cost for the project is not-to-exceed $669,058.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
Public Engagement
FISCAL IMPACT
Approval of the recommended action will result in an expenditure of $617,900, General Fund - General Plan, Account No. 10-4-5115-0700 as budgeted in in the Fiscal Year 2024-2025 operating budget. Approval of the recommended action will also result in an appropriation of $51,158 from the General Fund – Fund Balance. There is sufficient funding for the recommended action.
ATTACHMENTS
Attachment A - Professional Services Agreement
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
MOORE IACOFANO GOLTSMAN CONSULTING, INC
FOR CONTRACT STAFF AND PLAN CHECK SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 27th day of August, 2024 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 1 1111 Brookshire Avenue, Downey California 90241 ("City") and Moore lacofano Goltsman (MIG) Consulting, Inc., a California corporation, with its principal place of business at 537 S. Raymond Avenue, Pasadena, CA 91105 ("Consultant").
City and Consultant are sometimes individually referred to as “Party” and collectively as Parties
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional General Plan services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing General Plan services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Comprehensive General Plan Update project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional General Plan services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 28, 2024 to June 30, 2026, with two (2), one (1 ) year options to extend the Agreement term in writing signed by the City Manager and the Consultant, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CaIPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CaIPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City’s Representative. The City hereby designates Irma Huitron, Director of Community Development, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Daniel lacofano, CEO/President or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all 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 satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project
3 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Consultant’s violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 Insurance
3.2.10.1 Time for Compliance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGL)-. Insurance Services Office Form CG 00 01 covering CGL on an “occurrence’ basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability'. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation : Workers’ Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability (CGL) : No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with 4 general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation: Workers’ Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer’s Liability: Employer’s Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer’s Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City
3.2.10.3 Professional Liability (Errors & Omissions). Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Technology Professional Liability Errors and Omissions Insurance. If appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant. If not covered under the Consultant’s liability policy, such “property” coverage of the City may be endorsed onto the Consultant’s Cyber Liability Policy as covered property as follows:
b. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Consultant. 5 c. The Insurance obligations under this Agreement shall be the greater of 1 ) all the Insurance coverage and limits carried by or available to the Consultant; or 2) the minimum Insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to City.
No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the indemnity or other obligations of the Consultant under this Agreement.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1 ) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38: and CG 20 37 forms if later revisions are used).
(B) Waiver of Subroqation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (C) All Coveraqes. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
6 3.2.10.5 Primary Coverage. For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
3.2.10.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, authorized to do business in California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Consultant’s obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
3.2.10.10 Claims-Made Policies. If any of the policies provide coverage on a claims-made basis:
(A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement;
(C) if coverage is canceled, non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Consultant 7 must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred, Sixty-Nine Thousand, Fifty-Eight Dollars ($669,058.00) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work'' means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.
[3.3.5 Reserved]
8 3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Consultant may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause; Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the 9 parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
MIG Consulting, Inc.
537 S. Raymond Avenue
Pasadena, CA 91105
Phone: (626) 744-9872
AHn: Daniel lacofano, CEO/President
City:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Attn: City Manager
With a courtesy copy to:
City of Downey
City Attorney’s Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
10 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, 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 provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to “design professionals” only, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, 11 costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City’s officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant's performance of any task or service for or on behalf of City under this Agreement. The Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Consultant's cost to defend City and/or City’s officers, officials, employees or volunteers against any such Claim shall not exceed 12 Consultant's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.5.8 Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 13 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 14 3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict
In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 15 CITY OF DOWNEY,
a California municipal corporation
and charter city
MIG Consulting, Inc.,
a California corporation
By:By:
Its: CEO/President
Mario Trujillo
Mayor
DaHl el lacofan'o
Attest :Attest:
Maria Alicia Duarte
City Clerk
Secretary
Approved as to Form.Approved as to Form.
Legal Counsel
01 19. 123859
16 Exhibit "A"
Scope of Services
17 Downey Comprehensive General Plan Update
Task 1 : Coordination and Project Management
1.3: Supplemental Project Management and Team Coordination Meetings This subtask will supplement Task 1.2, accounting for MIG’s project management, identifying milestones, preparing a detailed task and engagement schedule, and budget management to support the additional tasks. Jose Rodriguez, MIG project manager, will continue to conduct regular (biweekly) phone calls with City staff ensuring project coordination and supporting close collaboration. This task also includes coordinating with additional consultants and their deliverabLes and tasks.
Task 1 Meetings:
• Regular phone calls/teleconferences (8 Zoom meetings and 2 in-person meetings)
Task 1 Deliverables:
• Monthly invoicing and status reports (electronic)
Task 2: Public Engagement and Community Outreach
2.7: Boards, Commission, and Committee Presentations
MIG will facilitate meetings with a range of boards, commissions, and committees, delivering presentations that address challenges, opportunities, and review pertinent goals and policies within their respective areas. These bodies may encompass, but are not limited to, the Green Task Force, Public Works Committee, Recreation and Community Services Commission, Water Facilities Corporation, and Youth Committee. Collaborating closely with City staff, MIG will determine the most relevant commission or committee to engage with. MIG has earmarked a budget to facilitate up to eight meetings, no more than two hours each, which includes meeting attendance and the preparation of agendas, presentations, and post-meeting summaries. The budget allocated one MIG staff person to attend and facilitate each meeting.
2.8: General Plan Education Campaign
This subtask aims to bolster public understanding by focusing on educational initiatives centered on the following Elements: Circulation, Conservation, Safety, Noise, Open Space, Design, and Economic Development. The objective is to broaden outreach efforts through various means, including the creation of tailored educational materials, presentations to diverse organizations, participation in youth-focused events and engagement, recruitment of ambassadors. MIG will collaborate with City staff to identify flexible engagement approaches aligned with the specific Element topics to be addressed, ensuring a comprehensive educational campaign that supports and informs the public about the various facets of the General Plan Update program. A summary memo will be prepared to document findings and provide an overview of the engagement process.
2.9: Community Events and Activities (Pop-Ups)
MIG will facilitate up to four pop-up engagement activities at various community events and activities such as the Downey Street Faire, Independence Day Parade, Touch-A-Truck, Downey Farmers Market, National Night Out, or the International Food Festival. Tasks include collaborating with City staff to identify suitable events, developing engaging displays and collection activities, and documenting interactions and feedbackthough a summary document. Two MIG staff will attend each pop-up event at a maximum of two hours each, plus setup and cleanup time. x
2.10: General PLan Policies and Priorities Community Input Tools MIG will develop a comprehensive community survey aimed at prioritizing General Plan policies.
The survey will be designed to gather input from residents regarding their preferences and priorities regarding various aspects of the General Plan, including but not limited to transportation, economic development, and environmental conservation, and historic resources. The survey will utilize a mix of quantitative and qualitative questions to capture diverse perspectives and preferences, ensuring that community priorities are accurately reflected in the planning process. Additionally, the survey will be accessible and inclusive, reaching a broad cross-section of the community through various channels, including online platforms, a maximum of 100 paper surveys, and made available community pop-up events. The results of the survey will be summarized in a report to inform the development of policy recommendations and guide decision-making throughout the General Plan update process. All materials to be used in the community input tool will be translated into Spanish.
Task 2 Meetings:
• Attend eight meetings across different boards, commissions, and committees. • Attend up to four pop-up events or activities
• General Plan Education Campaign meetings (up to 4 meetings) Task 2 Deliverables:
• Boards, commissions, and committees PowerPoint presentations • Pop-up handouts, maximum (5) display boards, and (1 ) summary document (electronic)
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General Plan Education Campaign (4) flyers, (2) fact sheets, (4) social media (electronic)
General Plan policies and priorities community input online tool and (1 ) summary document (electronic)
Task A: Economic Development Technical Analysis
Within the Economic Development Engagement scope, The Natelson Dale Group (TNDG) will conduct a Market Demand Study for both retail and non-retail land uses, alongside the development of the Economic Development Element. These tasks are designed to gather insights, analyze market trends, and devise strategic approaches aimed at fostering economic growth and prosperity within the community.
Task A1 : Economic Development Engagement
TNDG's engagement tasks include preparing a trends and challenges presentation for community meetings and conducting focus groups. TNDG will prepare a presentation on trends/challenges affecting retail commercial developments. This information will be presented at community meeting(s) for the Housing Element Implementation Plan. The presentation will primarily be based on TNDG’s existing/general knowledge of this topic (not additional research) but could be supplemented by the more detailed analysis described as Task A2 below.
To complement the statistical aspects of the real estate market studies, TNDG will conduct a focus group meeting with the development community (selected developers and property owners) as part of the overall community outreach program. This meeting will focus on the financial and other practical challenges associated with development in Downey (especially in targeted development areas such as the Downey Core) and identify the real-world incentives that would be most effective in encouraging targeted project types. TNDG will coordinate with City staff to create lists of developers and property owners to invite to the meeting. As appropriate, TNDG will also conduct one-on-one interviews with selected property owners or developers to further develop ideas discussed during the initial meeting.
Task A2: Market Demand Study
TNDG will prepare a retail market demand study that assesses current retail conditions, forecasts future trends, and identifies potential market opportunities and challenges within a specific geographic area. This study can be utilized to assist stakeholders make informed decisions regarding retail development, investment, and planning. The retail demand analysis would involve the following steps:
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Review any previous market analyses completed for the City of Downey.
Based on the above review and on TNDG’s existing familiarity with the market area, define the geographic market areas from which retail facilities in Downey draw market support.
Inventory and document conditions in Downey’s existing shopping centers and districts (this will include documentation of current plans to reconfigure Downey Mall).
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Estimate current vacancy levels based on available published data (CoStar) and discussions with local realtors.
Compile data on existing retail sales (by major category) in Downey and neighboring cities.
Utilize TNDG’s proprietary retail demand model to evaluate future growth in retail sales potential in the market area, broken down by major retail sales category (e.g., apparel, furniture, general merchandise, home improvements, etc.). The projections will be expressed in terms of both dollars and square footages supportable. The projections will cover a 20-year forecast period (in annual increments).
Given the inventory of competitive development (and the ongoing impacts of e-commerce), estimate the shares of future retail demand that could potentially be captured in Downey.
Express “bottom line” findings in terms of the square feet of retail space that could potentially be absorbed in the City over the planning horizon (in annual increments), with the total numbers broken-down as appropriate by major retail category and facility type. •
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Task A3: Market Demand Study For Other (Non-Retail) Land Uses This market analysis (for land uses other than retail, which are be addressed in a separate task) will quantify immediate and longer-term development opportunities within the City and identify policy measures necessary to achieve this potential. The market analysis will provide an important “reality check” both for the General Plan land use alternatives. It will also inform the market-based strategic framework for the Economic Development Element (as described separately below).
To appropriately focus the market study effort, the consultant team will coordinate with City staff early in the process to identify key sites or subareas of the City where future development or redevelopment is most likely to occur. TNDG’s market analysis will address the following land use categorIes:
• Residential;
• Office space (including health care facilities);
• Industrial space; and
• Hotel facilities.
Whereas the market study will be citywide in scope and, therefore, be useful for a variety of City decision-making processes, the findings will ultimately be applied to identify sub-area and site- specific development potentials. In particular, the market study will enable the planning team to understand the unique market potentials of each targeted development area within the context of citywide demand patterns, thus maximizing opportunities for the different subareas to complement rather than compete with each other in terms of the envisioned land uses.
Task A Meeting:
• One focus group meeting and one-on-one interviews
Task A Deliverables:
• Trends and challenges presentation (electronic)
• Draft and Final Market Demand Study (electronic)
• Draft and Final Market Demand Study For Other (Non-Retail) Land Uses (electronic)
Task B: Historic Resources Technical AnaLysis
Architectural Resources Group (ARG) will undertake an historic analysis for the City of Downey. This includes preparing a Citywide Historic Context Statement, conducting a two-phase Historic Resource Survey, and developing a Historic Architectural Style Guide. These efforts aim to preserve and celebrate the City's rich history and architectural heritage. ARG and MIG will collaborate on some of these tasks.
Task Bl: Project Kickoff, Management, and PubLic Engagement ARG, during the initial steps of the project, will meet with MIG and City staff to streamline the project scope, establish a timeline, solidify project objectives, and gather pertinent background materials. Following this meeting, ARG will participate in a community engagement session, such as a MIG-led focus group or workshop, to ensure alignment with local perspectives and needs.
Lastly, continuous project administration and coordination meetings with MIG and City officials will be conducted as necessary to ensure smooth progress.
Task B2: Citywide Historic Context Statement
ARG will lead the preparation of a Citywide Historic Context Statement (HCS), which involves several key responsibilities. This includes reviewing existing historic context statements and previous studies related to the study areas, as well as conducting primary and secondary source research. ARG will integrate information gathered from community engagement efforts and conduct records searches to identify cultural and historical resources within Downey, utilizing resources such as the state Built Environment Resource Directory and the South Central Coastal Information Center. Additionally, ARG will compile a list of properties to facilitate discussions on property types and known resources. ARG will also conduct an abbreviated reconnaissance survey to enhance understanding of property types and development patterns. The main deliverable will be a citywide HCS, structured accordingto Office of Historic Preservation guidelines, utilizing the National Register Multiple Property Documentation (MPD) approach. This HCS will identify periods of significance, develop themes for evaluation, identify property types, and establish eligibility criteria and integrity thresholds. Finally, ARG will submit the draft HCS to City staff for review, make revisions based on feedback, and submit the final document.
Task B3: Citywide Historic Context Statement Story Map
MIG will develop an Esri ArcGIS Story Map, utilizing the materials compiled by ARG during the preparation of the Historic Context Statement. This involves applying the data and findings from the HCS to create an interactive and visually engaging digital platform. The Story Map will effectively communicate the historical significance, cultural heritage, and architectural evolution of Downey's built environment. It will incorporate maps, images, narratives, and multimedia elements to provide a comprehensive and immersive experience for users. Additionally, MIG will ensure that the Story Map aligns with accessibility standards and is user-friendly for various stakeholders, facilitating widespread engagement and appreciation of Downey's rich historical legacy.
Task B4: Historic Resource Assessment
ARG will conduct a general Historic Resource Assessment. ARG will conduct limited property- specific research as necessary upon conferring with City Staff. As needed, ARG will update the spreadsheets to reflect information gathered in field. ARG will also create GIS maps and data tables (property spreadsheets), to include all known and potential properties as gleaned from Historical Context Statement, research, records searches, and community input. ARG will submit drafts of Assessment findings spreadsheets and preliminary findings maps. ARG will submit to City for review; revise per comments and submit final.
Task B5: Historic Architectural Style Guide
ARG will draft historic architectural style guides for Downey's most prevalent historic architectural styles; assumes no more than 1 1 documents will be produced (1 illustrated glossary covering multiple styles, and maximum of 1 0 individual style guides). ARG assumes no more than two (2) rounds of City review per style guide
Task B Meetings:
• ARG: Attend 1 community engagement meeting
Task B Deliverables:
• Draft and Final Citywide Historic Context Statement (electronic) • Draft and Final Citywide Historic Context Statement Story Map using ArcGIS Online • Draft And Final Drafts of Reconnaissance Survey Findings Spreadsheets (electronic) • Draft and Final Historic Resource Survey Report (electronic) • Draft and Final Historic Architectural Style Guides: 1 illustrated glossary covering multiple styles, and a maximum of 10 individual style guides (electronic) Task C: General Plan Existing Conditions Technical AnaLysis Task C1 : General Plan Existing Conditions Technical Analysis This subtask prepares a comprehensive existing conditions analysis for identifying point-in-time setting for the various Elements topics areas and serve as the technical foundation for the General Plan Update. The analysis will address key Element topics including circulation, focusing on the flow and accessibility of transportation networks; conservation, assessing the preservation and management of natural resources; safety, examining factors impacting public safety, emergency response infrastructure, and climate vulnerability assessment; noise, evaluating the levels and sources of ambient noise pollution citywide; open space, identifying the existing availability and distribution of parks, green spaces, and recreational facilities; and design, analyzing the aesthetic, historical, cultural, and functional aspects of the built environment. Through meticulous data collection, spatial analysis, and visualization techniques, the findings will be synthesized into an
ArcGIS Online Story Map, integrating interactive maps, descriptive text, multimedia elements, and graphics to provide stakeholders with a comprehensive understanding of the existing conditions and inform future planning and development endeavors. The scope of work has allocated two rounds of review with consolidated written comments from City staff.
Task A Deliverable:
' Draft and Final Existing Conditions Technical Analysis Story Map using ArcGIS Online (electronic)
Task 3: Comprehensive General Plan Element Update
3.4: Vision and Guiding Principles
MIG will synthesize findings from community engagement tasks to develop a General Plan vision and guiding principles reflecting the collective aspirations and priorities of the community. This process will entail analyzing data gathered from various engagement activities (surveys, workshops, focus groups, and stakeholder meetings) to identify recurring themes, values, and desired outcomes expressed by community members. Based on these findings, a draft vision statement will be crafted to articulate the overarching goals and aspirations for the future development of the community. Additionally, a set of guiding principles will be formulated to outline the core values and priorities that inform decision-making and guide the development of General Plan policies and strategies. The draft vision and guiding principles will be presented to key stakeholders, including community members, elected officials, and City staff, for feedback and refinement before finalizing and incorporating them into the General Plan document. This task ensures that the General Plan reflects the shared vision and values of the community and serves as a blueprint for sustainable and equitable growth and development. This subtask includes two rounds of review based on consolidated written edits/comments from City staff.
3.5: Technical Working Group
MIG will facilitate up to eight recurring meetings with a Technical Working Group comprising staff members from various departments within the City of Downey. The primary objective of these meetings is to conduct thorough reviews and refinements of goals and policies proposed for the General Plan Update. Each meeting will focus on specific elements or themes of the General Plan, such as land use, public services and infrastructure, transportation, economic development, conservation and open space, safety, and historic resources. The Technical Working Group will meet both digitally (six meetings via online platforms) and in person (two meetings). Additionally, meeting summaries will be prepared and shared with participants to ensure transparency throughout the General Plan Update process. At each meeting, only two MIG staff members will be present, and the duration of each meeting will not exceed two hours.
3.6: Administrative General PLan Element Preparation
This subtask entails the preparation of an Administrative Draft for the Downey General Plan Update, encompassing comprehensive elements crucial for the City's future growth . These sections include Introduction, Circulation, Conservation, Safety, Noise, Open Space, Design, and Economic
Development. Upon completion of the Administrative Draft, the City will have the opportunity to conduct two rounds of review and provide feedback through presenting MIG with consolidated written comments for document refinement.
3.6.1 : Introduction
This section of the Downey General Plan serves as a foundational overview, providing context for the document as a whole. It outlines the vision and guiding principles of the plan, setting the stage for the subsequent elements by establishing a comprehensive framework for addressing the City's growth and development needs.
3.6.2: Circulation Element
Addressing the movement of people and goods within Downey, this element focuses on creating a safe, efficient, and multimodal transportation network through a complete streets system. It identifies strategies for enhancing connectivity, improving traffic flow, and promoting alternative modes of transportation such as walking, biking, and public transit, thereby supporting sustainable mobility and reducing congestion.
The Ganddini Group will provide technical support for development of the Circulation Element. This includes developing updated roadway cross-section figures and maps, aiding in the creation of complete streets policies and implementation guidelines grounded in current best practices, documenting updated truck and freight routes/infrastructure, and assisting in the formulation of parking policies based on contemporary best practices.
Additionally, The Ganddini Group will contribute to describing future transportation trends, such as autonomous vehicles, the growing prevalence of electric bicycles/scooters, and ride-hailing services. This subtask excludes additional data collection beyond Phase I scope of work Average Daily Trips (ADT) forecasts, with daily and peak hour volumes derived from the currently adopted General Plan data, adjusted manually to accommodate land use changes stemming from the Housing Implementation.
3.6.3: Conservation Element
This element emphasizes the preservation and stewardship of Downey's natural resources, including water, energy, air, urban forest, stormwater, solid waste disposal, and biodiversity within an urban setting. It outlines policies and programs aimed at expandingthe urban forest, conserving water and energy, promoting sustainabLe land use practices, and mitigating the impacts of development on the environment, ensuring the long-term health and resilience of the City's ecosystems.
3.6.4: Safety Element
Centered on bolstering public safety and emergency readiness, this Element encompasses crime prevention, fire safety, emergency and disaster response, and climate adaptation strategies. It outlines steps to diminish crime, bolster emergency services, fortify infrastructure against climate impacts, and encourage community involvement. These efforts aim to cultivate a secure and resilient environment for both residents and visitors.
3.6.5: Noise Element
Recognizing the importance of managing noise pollution to maintain a high quality of life, this element establishes guidelines and standards for controlling noise levels in Downey. It includes strategies for mitigating noise from transportation, industrial, and commercial sources, as well as addressing issues related to land use compatibility and community noise concerns, ensuring a peaceful and livable environment for all residents.
3.6.6: Open Space Element
This element emphasizes the preservation and enhancement of parks, creeks, and river corridors (e.g., Rio Hondo River and San Gabriel River), transmission lines, recreation areas (e.g., golf courses), public facilities, and natural areas throughout Downey. The Element will focus on the open spaces for preservation of natural resources, and outdoor recreation.
Open space will also undergo evaluation in accordance with state law, considering climate change impacts and potential rewilding opportunities.
3.6.7: Design Element
Focused on promoting high-quality urban design and placemaking, this element seeks to create attractive, vibrant, and pedestrian-friendly environments throughout Downey. It articulates design principles and guidelines for enhancing the visual character of the City, fostering a sense of identity and pride, recognizing and preserving historical and cultural resources, and creating inviting public spaces that promote social interaction and economic vitality. ARG will provide technical support to MIG for development of the Cultural Resources section of the Design Element.
3.6.8: Economic Development Element
MIG will collaborate with The Natelson Dale Group to prepare an Administrative Draft Economic Development Element. The Natelson Dale Group will be the lead author of this Element, but MIG will ensure that the draft document maintains a consistent writing style and uniform tone of other documents. The Economic Development Element will address the City’s development, business retention/expansion/attraction, and fiscal stability goals.
The City's Economic Development objectives, as outlined in alignment with the broader General Plan, are delineated alongside a concise overview of market and fiscal analyses, spotlighting identified issues and opportunities. This summary encompasses pivotal factors influencingthe revision of the Land use plan, such as determining appropriate land allocations for diverse commercial and industrial developments. Furthermore, the document details precise strategies tailored to attract specific land uses in accordance with the City's goals.
3.7: Public Review Draft General Plan Element Preparation Following the completion of the Administrative Draft for the Downey General Plan Elements, MIG will undertake the preparation of a Public Review Draft. This task involves incorporating feedback received during internal reviews and consultations into the Administrative Draft, ensuring alignment with community priorities and objectives. Additionally, MIG will conduct a thorough review of the document for clarity, coherence, and consistency, making any necessary revisions to enhance readability and understanding. MIG will also incorporate graphics, charts, photos, and other visual components to make the document more engaging and accessible to a diverse audience. MIG will ensure that the design and layout of the document are visually appealing and user-friendly, creating a cohesive document that reflects the importance of the General Plan in shaping the future of Downey. Upon completion of the Public Review Draft, the City will have the opportunity to conduct two rounds of review and provide feedback through consolidated written comments for document completion.
3.8: Implementation Program
Develop an implementation program for the Downey General Plan, outlining specific actions to achieve the goals and policies established in each element. This task involves identifying relevant policies for implementation, assigning responsibility to appropriate departments or agencies for each action, identifying funding sources to support implementation efforts, and establishing a timeframe for completion of each measure. Additionally, the implementation program will prioritize actions based on their significance, feasibility, and anticipated impact, ensuring efficient allocation of resources and timely progress towards achieving the overarching vision and objectives of the General Plan.
Task 3 Meetings:
• Attend eight meetings (a maximum of 2 hours) with Technical Working Group (6 online and 4 in person)
Task 3 DeLiverables:
• Administrative Draft and Public Review Draft Vision and Guiding Principles (electronic) • Administrative Draft and Public Review Draft Goals and Policies (electronic) • Administrative Draft General Plan Elements: Introduction Circulation, Conservation, Open Space, Safety, Noise, Conservation, Economic Development, Design (electronic)
Public Review Draft General Plan Elements (electronic)
Administrative Draft and Public Review Draft Implementation Program (electronic) •
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Task 7: Programmatic Environmental Impact Report
7.8: Supplemental EIR Support for Expanded General PLan Update This subtask includes addressing additional costs for the EIR related to the expansion of the General Plan Update from just the Land Use Element and the Environmental Justice Element to a comprehensive update of all General Plan Elements. In general, increased estimated costs stem from the increase in the scope of the GPU. The additional goals, policies, and implementing programs from the expanded GPU will need to be incorporated into the Draft EIR analysis. Any additional charges stemming from the update of the additional general plan elements will also need to be evaluated. Technical support for the update to the Noise Element is included, as well as a project management budget associated with the larger scope of the EIFt. Since it is always a bit of an unknown, we have not included additional costs for the Final EIR/Response to Comments, although it is possible that the expanded scope of the project could result in greater than anticipated comments in terms of both number and complexity.
7.9: Additional Data Collection and Forecasting for Technical Studies To assist with air quality and greenhouse gas analysis, energy impact analysis, and noise impact analysis, Ganddini Group will provide the following additional data:
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Weekend trip generation estimates for land use changes associated with the Housing Implementation.
A summary of total Vehicle Miles Traveled (VMT), net change in VMT, employment data, and population data by Traffic Analysis Zone (TAZ).
Up to 20 new 24-hour roadway counts to develop peak hour and roadway classification rnlx
Task 8: Public Hearings and Final Documents
8.3: Supplemental Final Documents and Maps
MIG will prepare the final versions of the Circulation, Conservation, Safety, Noise, Open Space, Design, and Economic Development elements, based on comments from the Planning Commission and City Council public hearings. We have provided an allowance for this task since the scope of directed changes cannot be known at this time. This subtask also includes the deliverable of digital files and GIS mapping files.
Task 8 Deliverables:
• Final General Plan Elements document and maps: Introduction Circulation, Conservation, Open Space, Safety, Noise, Conservation, Economic Development, Design (electronic)
Final consolidated General Plan Elements (electronic)
Final Implementation Program (electronic)
•
•
Exhibit "B"
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