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HomeMy WebLinkAboutM-GroupAGREEMENT THIS AGREEMENT is made and entered into on the 29 day of June 2020 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and M -Group (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Assisting the Town in the submission of an application to the Local Early Action Planning (LEAP) Grant Program through the State Department of Housing and Community Development (HCD) and administering a_ Town -wide Accessory Dwelling Unit survey (ADU), analyzing the results, and looking at policy options that could be implemented to support the Town in reaching its affordable housing goals. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated June 5, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence June 29, 2020 and shall be completed by December 31, 2023, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed forty-eight thousand seven hundred sixty dollars and zero cents ($48,760) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/23/10 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. . At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Short form Updated 4/23/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Carl Cahill City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/23/10 CONTRACTOR: By: 41�,. (QI9-560.'), Signature U Date v yt yv�L" puk -t-'tre a� re41 Print name, Title TOWN OF LOS ALTOS HILLS: By:l. 1y� 20 Carl Cahill, City Manager Date a new design on urban planning iRO U C M -Group has developed a detailed scope of work to prepare incentives that facilitate the development of accessory dwelling units (ADUs) in Los Altos Hills. The process will build on a survey of existing ADUs in the town and develop an understanding of potential relationships between ADU attributes, such as size or rental value, and RHNA income categories for affordable housing. TASK 1: LEAP GRANT APPLICATION In Task 1 M -Group will develop a Local Early Action Planning(LEAP) Grant application package for submittal to the State of California Department of Housing and Community Development. Working with Town staff, M -Group will prepare the application package for submittal by the Town before July 1, 2020. The application package includes the online application, attachments and any associated materials, including Task 2 through Task 5 of this Scope of Work. Task 9 Deliverable: LEAP grant application TASK 2: BACKGROUND AND DOCUMENTATION In this Task, M -Group will conduct research for use in the development of the community survey in Task 3 as well as potential development incentives to be prepared in Task 4. Task 2.1 - Start-up Meeting M -Group will attend a meeting with town staff to review the work program and review the findings of the Town's 2014 community survey regarding ADUs. Task 2.2 - Background Research M -Group will research a series of topics that will help shape the information to be gathered through the community survey. These topics will be preliminarily identified in the Start-up Meeting and would include, but not be limited to: • Recent housing regulations that could impact the development of ADU incentives, including ADU-related laws. The Town website'sADU page presently identifiesJanuary 2020 legislation and provides a summary of new laws. • Affordability categories used for RHNA assignments; and, the use of deed restrictions in relation to the identification of affordable housing sites. • M -Group will research ADU rental rates in the town, particularly in areas where affordable housing sites might be beneficial to the community, such as in proximity of Foothill College. • M -Group will review the 2014 survey with particular attention given to information in the survey results that identified unit sizes; locations; rental or family use; and development type. Task 2 Deliverable: Memorandum summarizing the key issues in the Background Research m-group.us 307 Orchard City Drive, Suite 100, Campbell, CA 95008 ioa new design on urban planning TASK 3: COMMUNITY SURVEY AND ANALYSIS In this Task, M -Group will develop an outreach strategy and the community survey for distribution. Task 3.1 - Outreach M -Group will develop an outreach strategy for the ADU Survey that capitalizes on the Town's existing social media resources while also making appropriate use of postal mailings. Additionally, M -Group will develop fliers announcing the survey and the ADU strategy for distribution at public meetings. The fliers will be coordinated to the format of the meeting, either online or in person. The outreach strategy will be guided in part by information gathered in the background research conducted as part of Task 2. A primary goal of the strategy will be to maximize survey response, so the strategy should be developed in tandem with the questions developed for the survey. The outreach pieces for distribution to community members will also announce the window during which the survey will be active. Task 3.2 - ADU Survey M -Group will create the survey in a format that facilitates online participation by homeowners. We envision that most questions can be a multiple-choice format, although there can be an opportunityto include some questions that allow for individualized answers. The survey will be created in a way that allows it to be printed out for mailing or pick-up at the Town Hall. M -Group will work with Town staff to develop the desired level of anonymity for those participating in the survey. This could include anonymous participation or a question that allows the participant to provide their parcel address if they choose. Task 3.3 - Survey Results and Analysis Following the close of the survey window, M -Group will tally the results and analyze preliminary issues that can be discerned from the survey responses. The preliminary issues may correspond to the issues identified in Task 2, such as unit size, rent, and perhaps locational advantages. There may be other issues that emerge that had not been anticipated and M -Group will develop a summary report for discussion with Town staff. Task 3.4 - Meeting with Town Staff M -Group will meet with Town staff to discuss the results of the survey and how the results may inform the preparation of the ADU development incentives. Task 3 Deliverables: Outreach Strategy; Outreach materials; ADU Survey in Adobe PDF; Survey Results and Analysis memorandum. m-group.us 307 Orchard City Drive, Suite 100, Campbell, CA 95008 2 4a neve design on urban planning TASK 4: DEVELOPMENT INCENTIVES In this Task, M -Group will develop a set of ADU development incentives in draft and revised form for Town staff review. Task 4.1 - Draft Incentives M -Group will develop a set of incentives based on goals for ADU development that may be congruent with the Town's goals for the provision of affordable housing sites. In developing the menu of incentives, M -Group will examine case studies of other California communities. To attain a more localized approach, M -Group will be able to draw on the survey results to identify features in Los Altos Hills that can equally inform the incentives. These types of features might include parcel size, utilization of existing outbuildings, proximity to the college, the Town's existing permitting process for ADUs, or other features that would not be relevant in many other communities. Task 4.2 - Meeting with Town Staff M -Group will meet with Town staff to review the Draft Incentives and discuss potential edits or changes to create a revised set of incentives. Task 4.3 - Revised Incentives Based on the discussion with Town staff, M -Group will revise the ADU Development Incentives in preparation for consideration by the City Council. Task 3 Deliverables: DraftADU Development Incentives; Revised ADU Development Incentives TASK 5: PUBLIC REVIEW AND ADOPTION In this Task, M -Group will attend public hearings during the adoption for the ADU Development Incentives. Task 5.1 - Bearings M -Group will attend up to two hearings of the Planning Commission or City Council to consider the ADU Development Incentives. Task 5.2 - Final ADU Development Incentives Following adoption, M -Group will make any necessary revisions identified during the adoption process and provide the Final ADU Development Incentives to Town staff. Task 4 Deliverables: Final ADU Development Incentives m-group.us 307 Orchard City Drive, Suite 100, Campbell, CA 95008 3 40 new design on urban planning TASK COST 1: Leap Grant Application $4,020 2: Background and Documentation $5,860 3: Community Survey and Analysis $18,020 4: Development Incentives $15,760 5: Public Review and Adoption $5,100 Alt OTAL PROJECT ' 8 kl)eveloprr�en �It�centiues A schedule for the project is shown below. The schedule shows Task 1 being complete before July 1, in order to meet the LEAP Grant deadline. Tasks 2 through 5 will commence after the Town receives grant funding. Therefore, the schedule for those tasks is shown as corresponding to the number of weeks following a Notice to Proceed. m-group.us 307 Orchard City Drive, Suite 100, Campbell, CA 95008 4 WEEKS hi 2 3 4 5 6 7 8 9 10 11 1 Task 1: Leap Grant Application Task2 eckgrou8dk'ad 'AllOEM rta�l�3*� �ommu�ty S�;Ivey and Ar�alji�is„ Tisk 4 kl)eveloprr�en �It�centiues task 5� 1?ubl�eR�rieW and Adoption m-group.us 307 Orchard City Drive, Suite 100, Campbell, CA 95008 4