CPMS
Agenda Item B.3
CONSENT CALENDAR
Meeting Date: March 1, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director CONTACT: Anne Wells, Advance Planning Manager
Andy Newkirk, Senior Planner
SUBJECT: Amendment No. 1 to the Professional Services Agreement No. 2021 -038 with RRM Design Group
RECOMMENDATION:
A. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2021 -038 with RRM Design Group for objective design standards services, expanding the scope of services to include additional public outreach and increasing the maximum contract amount by $20,000 for a new not-to- exceed amount of $170,000.
B. Approve a budget appropriation of $20,000 from the General Fund Unassigned Fund Balance Account to the Advance Planning Professional Services account.
BACKGROUND:
In 2020, the California Department of Housing and Community Development issued a Notice of Funding Availability for approximately $119 million under the Local Early Action Planning (LEAP) Grant program. The City applied for and received a grant in the amount of $150,000 to complete objective design standards (ODS) for housing development proposals. Consistent with the LEAP Grant, the City issued a Request for Qualifications/Request for Proposals (RFQ/RFP) for the preparation of ODS for multiple dwelling and mixed-use development on December 8, 2020.
After the solicitation process, the City selected RRM Design Group (RRM) to assist the City with the ODS project. An agreement with RRM (Agreement 2021-038) was executed between the parties on April 20, 2021 (Attachment 2). The Agreement includes 5 tasks:
Project Initiation; Data Gathering/Document Research and Review ; Public Outreach; Objective Design Standards; and Public Review and Adoption, Implementation Aids. The Public Outreach task included, among other meetings, two study sessions with the City’s Design Review Board (DRB). All tasks under the original agreement are funded through the LEAP Grant.
1 Meeting Date: March 1, 2022
Project initiation occurred on June 6, 2021 . Subsequent to that, RRM and City staff conducted background research on existing City subjective design requirements that will need to be converted to objective standards . Then, in the fall of 2021, staff and RRM conducted three study sessions (two more than originally envisioned at that point of the project) with the DRB to introduce the project and aspects of ODS and receive initial input prior to the preparation of draft standards for further review.
DISCUSSION:
As noted above, the number of study sessions with the DRB in the fall of 2021 exceeded what was originally envisioned for the project at that point in the development of the ODS.
Additionally, these study sessions made clear that additional meetings with the DRB would be needed to review public draft ODS before those proposed standards could eventually be submitted for consideration by the Planning Commission and City Council.
As such, the scope of work for the agreement needs to be adjusted to accommodate additional public outreach to ensure the subject matter experts on the DRB have time to provide comprehensive input.
Based on the remaining budget and other outreach activities scheduled, staff expects a need to add budget for three DRB study sessions to support review of draft ODS that are expected to be released in early spring 2022. These additional study sessions will give the DRB and the public opportunities to provide input on subtopics within the draft ODS.
Suggested refinements to the draft ODS will then be incorporated, as appropriate, into an updated hearing draft ODS that would be considered for incorporation into Title 17 (Zoning) of the Goleta Municipal Code.
To accommodate the additional public outreach, staff proposes additional funding and a new task in the scope of work. Funding of $20,000 will accommodate the added outreach, including a small buffer for related outreach documentation. The new task is proposed (Task 6, entitled “Public Outreach Beyond Local Early Action Planning Grant”) , rather than amending the existing public outreach task (Task 3, “Public Outreach”) , in order to separate out tasks based on fund ing source for ease of tracking and accounting purposes.
FISCAL IMPACTS:
The proposed increase of $20,000 will increase the contract not-to-exceed amount from $150,000 to $170,000. The original contract is fully funded through the City’s LEAP Grant.
However, there are no additional funds within the LEAP Grant to cover the proposed increase. As such, a budget appropriation of $20,000 is needed to support this contract amendment. Staff recommends an appropriation of $20,000 from the General Fund unassigned fund balance. Approximately $11.4 million is estimated to be available.
2 Meeting Date: March 1, 2022
ALTERNATIVES:
The City Council may elect not to authorize this contract amendment in which case staff and consultant would continue to develop the City’s ODS without additional s tudy sessions with the DRB.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 1 to Professional Services Agreement No. 2021 -038 with RRM Design Group
2. Professional Services Agreement No. 2021-038 with RRM Design Group 3 Attachment 1
Amendment No. 1 to Professional Services Agreement No. 2021-038 with RRM Design Group
4 City of Goleta
PER and RRM Design Group
Amendment No. 1 to Agreement No. 2021-038
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
RRM DESIGN GROUP
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and RRM DESIGN GROUP, INC. (“Consultant”) dated April 20, 2021 (“Agreement,” Agreement No. 2021-038) is made on this 1st day of March, 2022.
SECTION A. RECITALS
1. This Agreement is for the professional planning and urban design services for Objective Design Standards for Multiple-Dwelling and Mixed-Use Developments; and
2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $150,000; and
3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $20,000 for additional public outreach; and
4. The Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and
5. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and
6. The City Council approved this Amendment No. 1, on this 1st day of March, 2022.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $20,000 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the service s under this AGREEMENT SHALL NOT EXCEED the sum of $170,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
DocuSign Envelope ID: 90403E35-D06F-446D-A8B1-A730C4978245 5 City of Goleta
PER and RRM Design Group
Amendment No. 1 to Agreement No. 2021-038
Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
2. This Agreement is amended to delete and replace in its entirety:
Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
DocuSign Envelope ID: 90403E35-D06F-446D-A8B1-A730C4978245 6 City of Goleta
PER and RRM Design Group
Amendment No. 1 to Agreement No. 2021-038
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Jami Williams, Vice President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Susan Whalen, Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 90403E35-D06F-446D-A8B1-A730C4978245 7 City of Goleta
PER and RRM Design Group
Amendment No. 1 to Agreement No. 2021-038
Exhibit A-1
Scope of Work
CONSULTANT shall provide the following services and deliverables in conjunction with the development of objective design standards for multiple -dwelling and mixed -use development projects as described in the tasks below:
Task 1. Project Initiation
CONSULTANT will engage in a due diligence process designed to inform the team on the primary issues to be addressed and gather and review relevant data and background information. CONSULTANT will meet with City staff to establish a mutual understanding of the key issues and project objectives; review the scope of work and project schedule; and lay out significant project milestones, meeting times, and deliverable targets.
Deliverables
• Prepare for and attend one virtual kickoff meeting
Task 2. Data Gathering/Document Research and Review
CONSULTANT will collect and review data that is relevant to the development of the objective design standards including existing City plans, policies, and guidelines; previous development applications; mapping information; and other planning efforts that have a bearing in the City. CONSULTANT will develop a matrix summarizing necessary revisions to existing City plans, guidelines, and standards. Findings will be summarized with recommendations for proposed objective design standards.
Deliverables
• Review of existing standards and guidelines
• One video conference call with City to discuss findings of the data gathering and document research
• One existing policy summary memo
Task 3. Public Outreach
CONSULTANT will provide materials for the City website. CONSULTANT will prepare a graphically oriented and easy to understand informational flyer to provide an overview of the project, examples of subjective vs. objective language, City contact information, and additional project related info rmation. CONSULTANT will provide an informational PowerPoint presentation that will be used at study sessions and posted on the website to provide additional information and clarify misconceptions.
CONSULTANT will facilitate stakeholder and focus group meetings to collect input on the City’s existing policy documents and discretionary review and approval process. The DocuSign Envelope ID: 90403E35-D06F-446D-A8B1-A730C4978245 8 City of Goleta
PER and RRM Design Group
Amendment No. 1 to Agreement No. 2021-038
meetings will be conducted via video/teleconference and may include stakeholder, City staff, decision makers, local developers, and interested community organizations.
During the development of the objective design standards, CONSULTANT will conduct up to four study sessions to receive decision-maker and public input. The Design Review Board, Planning Commission, and/or City Council will rec eive updates on initial research/analysis findings and proposed standards.
Deliverables
• Provide materials developed as part of other tasks for City use on website • Prepare for and attend up to two Design Review Board study sessions and up to two Planning Commission and/or City Council study sessions • Facilitate up to five hours of stakeholder or focus group meetings
Task 4. Objective Design Standards
CONSULTANT will prepare an Administrative Draft of the Objective Design Standards.
The standards will include up to 15 companion illustrative graphics. Following the completion of the Administrative Draft documents and receipt of a single set of consolidated City com ments, CONSULTANT will produce a Screencheck Draft document. Final edits will be incorporated and CONSULTANT will provide a Public Review Draft for City use and distribution. Based on comments received on the Screencheck/Public Review Draft, CONSULTANT wil l prepare Public Hearing Draft Objective Design Standards for consideration through the formal review and adoption process.
CONSULTANT will include information teleconferences, correspondence, status updates, record keeping, project coordination, electron ic file management, and all other coordination during the project.
Deliverables
• Prepare and provide a PDF of each draft document (Administrative, Screencheck/Public Review, and Public Hearing)
• Ongoing project coordination and management. Assumes approximately six hours per month for ten months
Task 5. Public Review and Adoption, Implementation Aids
CONSULTANT will prepare for and attend a Planning Commission and City Council hearing to present the Public Hearing Draft document. CONSULTANT will then provi de an updated document based on the final approval. Following City approval CONSULTANT will produce a user’s guide that outlines an overview or checklist associated with the final objective standards.
DocuSign Envelope ID: 90403E35-D06F-446D-A8B1-A730C4978245 9 City of Goleta
PER and RRM Design Group
Amendment No. 1 to Agreement No. 2021-038
Deliverables
• Prepare for and attend up to two public hearings to assist staff in presenting the standards
• Finalize the document(s) after City approval and produce one reproducible copy and one electronic format
• Prepare one digital copy of the draft User’s Guide and produce one final copy following City feedback
Task 6. Public Outreach Beyond Local Early Action Planning Grant
During the development of the objective design standards, CONSULTANT will conduct three study sessions with the Design Review Board beyond those identified in Task 3.
The public ou treach associated with Task 6 is outside the scope outlined in the City’s Local Early Action Planning Grant.
Deliverables
• Prepare for and attend up to three Design Review Board study sessions DocuSign Envelope ID: 90403E35-D06F-446D-A8B1-A730C4978245 10 Attachment 2
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),/(180%(5
4-20-2021 002716
Professional consulting services for development
of objective deisgn standards.
Prof. Services Objective Design Standards
RRM Design Group
150,000
Jami Williams
3765 South Higuera St., Suite 102, San Luis Obis
[email protected]
16290 exp 9/30/2021
Andy Newkirk
603-969-1482
[email protected]
Kim Dominguez
805-680-8427
[email protected]
21PE026
12 City of Goleta
Planning and Environmental Review Department and RRM Design Group
Project Name: Objective Design Standards
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
RRM DESIGN GROUP
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 20th day of April, 2021, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and RRM DESIGN GROUP, INC. (herein referred to as "CONSULTANT").
WHEREAS, the CITY has a need for professional planning and urban design services for Objective Design Standards for Multiple-Dwelling and Mixed-Use Developments; and
WHEREAS, the CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and WHEREAS, the CITY procured these servi ces in compliance with Goleta Municipal Code Section 3.05.260 by a comp etitive Request for Qualifications/Request for Proposals process.
WHEREAS, the City Council, on this 20
th day of April, 2021, approved this
AGREEMENT and authorized the City Manager to execute the AGREEMENT.
CITY and CONSULTANT agree as follows:
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualifications, experience, and facili ties to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Outreach and Standards Development Services in conjunction with Planning and Urban Design Services shall generally include development of objective design standards as more particularly
13 City of Goleta
Planning and Environmental Review Department and RRM Design Group
set forth in the Scope of Work, attached as Exhibit “A,” and incorporat ed herein.
CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $150,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and descri be the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing befo re the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in the compensation exhibit. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section
3.
14 City of Goleta
Planning and Environmental Review Department and RRM Design Group
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Andy Newkirk, Senior Planner. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall no t be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2023, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Sectio n 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hol d CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional se rvices which are personal to CITY.
Jami Williams, Principal, is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work.
This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such indi vidual be removed from assisting in this contracted work for any reason, CITY ma y terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City M anager’s prior written consent.
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Planning and Environmental Review Department and RRM Design Group
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agen ts, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are caused by CONSULTANT's operations in performance of any activity or work required under this AGREEMENT.
(b) Defense and Indemnity of T hird Party Claims/Liability. CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demand s, judgments, and all liability including, but not limited to, monetary or property da mage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSUL TANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers , agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in this AGREEMENT. The duty to defend shall include any suits or actions concerning any activity, product or work required unde r this AGREEMENT, and also include the payment of all court costs, reimbursement of reasonable attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto tied directly to CONSULTANT ’s services under this Agreement. To the extent the liability is caused by CONSULTANT’s professional design service s and pursuant to Civil Code 2782.8, such liability shall be limited to the proportionate percentage of fault.
(c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY , of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A. M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
16 City of Goleta
Planning and Environmental Review Department and RRM Design Group
a) Insurance Services Offi ce Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired an d non-owned automobile liability with a minimum limit of $1,000,000 per accident . If the Service Provider owns no vehicles, this requirement may be sati sfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensa tion insurance complying with California worker’s compensation laws, including st atutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in th e minimum amount of $1,000,000 per claim.
General Liability and Automobile Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) CITY, its employees, officials , agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured st atus for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY ’s vicarious liability.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement.
CONSULTANT agrees to maintain contin uous coverage through a period no less than three years after completi on of the services required by this agreement.
17 City of Goleta
Planning and Environmental Review Department and RRM Design Group
d) General Liability and Automobile Liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation an d employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverag e or in limits except after 30 days’ prior written notice has been given to CITY. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage pr ovided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT ’s employees, or agents, from waiving the right of recovery prio r to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to moni tor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
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Planning and Environmental Review Department and RRM Design Group
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONS ULTANT fail to make such correction in a reasonably timely manner, such correcti on shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writ ing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for any thing done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failur e to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontrac tors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or erro r in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall allow CIT Y to interview all of CONSULTANT’s employees and make available to a representat ive of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain all records with respect to all matters co vered by this Agreement, including but not limited to
19 City of Goleta
Planning and Environmental Review Department and RRM Design Group
financial records, time sheets, work progress repo rts, invoices, bills and project records, for at least two years after termination or final payment under this AGREEMENT.
If any litigation, claim, negotiation, audi t, monitoring, inspection or other action relating to the matters covered by this Agreement has been started before the expiration of the two year record retention period, al l records must be retained by CONSULTANT and sub-contractors until completion of the action and resolution of all issues which arise from it.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespec tive of the length of time for which such failure continues, shall not constitute a waive r of such party's right to demand strict compliance by such other party in the fu ture. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any def ault or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMEN T, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
20 City of Goleta
Planning and Environmental Review Department and RRM Design Group
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS AND
NONDISCRIMINATION
Consultant agrees to comply and ensure al l subcontractors comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal oppo rtunity, and all other matters applicable to the matters covered by this Agreement.
In performing the duties under this Ag reement, CONSULTANT shall not exclude and agrees to ensure that all subcontractors not exclude an otherwise qualified person from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic informa tion, age, disability, handicap, familial status, religion, or belief, or any other char acteristic protected under applicable federal and state law, including but not limited to Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fi scal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
21 City of Goleta
Planning and Environmental Review Department and RRM Design Group
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “ CITY” in t his AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized th e execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, ag ents, employees, successors, assigns, principals, partners, joint venturers, insur ance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is hel d by a court of competent jurisdiction to be invalid, void or unenforceable, the rem aining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
22 City of Goleta
Planning and Environmental Review Department and RRM Design Group
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Jami Williams, Principal
RRM Design Group
3765 South Higuera St., Suite 102,
San Luis Obispo, CA 93401
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Michelle Greene, City Manager Jami Williams, Vice President
A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Susan Whalen, Secretary
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
23 City of Goleta
Planning and Environmental Review Department and RRM Design Group
Exhibit A
Scope of Work
CONSULTANT shall provide the following services and deliverables in conjunction with the development of objective design standards for multiple-dwelling and mixed-use development projects as described in the tasks below:
Task 1. Project Initiation
CONSULTANT will engage in a due diligence process designed to inform the team on the primary issues to be addressed and gather and review relevant data and background information. CONSULTANT will meet with City staff to establish a mutual understanding of the key issues and project objectives; review the scope of work and project schedule; and lay out significant project milestones, meeting times, and deliverable targets.
Deliverables
x Prepare for and attend one virtual kickoff meeting
Task 2. Data Gathering/Document Research and Review
CONSULTANT will collect and review data that is relevant to the development of the objective design standards including existi ng City plans, policies, and guidelines; previous development applications; mapping information; and other planning efforts that have a bearing in the City. CONSULTANT will develop a matrix summarizing necessary revisions to existing City plans, guideline s, and standards. Findings will be summarized with recommendations for proposed objective design standards.
Deliverables
x Review of existing standards and guidelines
x One video conference call with City to discuss findings of the data gathering and document research
x One existing policy summary memo
Task 3. Public Outreach
CONSULTANT will provide materials for the City website. CONSULTANT will prepare a graphically oriented and easy to understand informational flyer to provide an overview of the project, examples of subjective vs. objective language, City contact information, and additional project related information. CONSULTANT will provide an informational PowerPoint presentation that will be used at study sessions and posted on the website to provide additional information and clarify misconceptions.
24 City of Goleta
Planning and Environmental Review Department and RRM Design Group
CONSULTANT will facilitate st akeholder and focus group meetings to collect input on the City’s existing policy documents and discretionary review and approval process. The meetings will be conducted via video/teleconference and may include stakeholder, City staff, decision makers, local developers, and interested community organizations.
During the development of the objective design standards, CONSULTANT will conduct up to four study sessions to receive decision-maker and public input. The Design Review Board, Planning Commission, and/or Cit y Council will receive updates on initial research/analysis findings and proposed standards.
Deliverables
x Provide materials developed as part of other tasks for City use on website x Prepare for and attend up to two Design Review Board study sessions and up to two Planning Commission and/or City Council study sessions x Facilitate up to five hours of stakeholder or focus group meetings
Task 4. Objective Design Standards
CONSULTANT will prepare an Administrative Draft of the Objective Design Standards.
The standards will include up to 15 compan ion illustrative graphics. Following the completion of the Administrative Draft doc uments and receipt of a single set of consolidated City comments, CONSULTANT will produce a Screencheck Draft document. Final edits will be incorporated and CONSULTANT will provide a Public Review Draft for City use and distribution. Based on comments received on the Screencheck/Public Review Draft, CONSUL TANT will prepare P ublic Hearing Draft Objective Design Standards for consideratio n through the formal review and adoption process.
CONSULTANT will include information teleconferences, correspondence, status updates, record keeping, project coordination, electronic file management, and all other coordination during the project.
Deliverables
x Prepare and provide a PDF of each draft document (Administrative, Screencheck/Public Review, and Public Hearing)
x Ongoing project coordination and management. Assumes approximately six hours per month for ten months
Task 5. Public Review and Adoption, Implementation Aids
CONSULTANT will prepare for and attend a Planning Commission and City Council hearing to present the Public Hearing Draft document. CONSULTANT will then provide an updated document based on the final approval. Following City approval
25 City of Goleta
Planning and Environmental Review Department and RRM Design Group
CONSULTANT will produce a user’s guide that outlines an overview or checklist associated with the final objective standards.
Deliverables
x Prepare for and attend up to two public hearings to assist staff in presenting the standards
x Finalize the document(s) after City approval and produce one reproducible copy and one electronic format
x Prepare one digital copy of the draft User ’s Guide and produce one final copy following City feedback
26 City of Goleta
Planning and Environmental Review Department and RRM Design Group
Exhibit B
Schedule of Fees
ARCHITECTURE INTERIOR DESIGN
Architect $ 95 - $ 155 Designer I $ 55 - $ 85
Assistant Manager of Architecture $ 130 - $ 195 Designer II $ 65 - $ 115 Design Director $ 145 - $ 240 Interior Designer I $ 75 - $ 125 Designer I $ 70 - $ 100 Interior Designer II $ 90 - $ 150 Designer II $ 80 - $ 125 Intern $ 45 - $ 80
Designer III $ 90 - $ 150 Senior Interior Designer $ 110 - $ 195 Intern $ 45 - $ 80
Job Captain $ 90 - $ 150 LANDSCAPE ARCHITECTURE
Manager of Architecture $ 145 - $ 255 Assistant Designer $ 70 - $ 110 Principal $ 180 - $ 350 Associate Designer $ 80 - $ 125 Project Architect $ 110 - $ 185 Designer $ 95 - $ 135 Project Designer $ 110 - $ 180 Intern $ 45 - $ 80
Project Manager $ 110 - $ 185 Landscape Architect $ 95 - $ 145 Senior Architect $ 135 - $ 220 Manager of Landscape Architecture $ 150 - $ 245 Senior Designer $ 135 - $ 210 Principal $ 180 - $ 350 Senior Project Manager $ 135 - $ 230 Principal Landscape Architect $ 135 - $ 235 Senior Designer $ 105 - $ 165
Senior Landscape Architect $ 110 - $ 175
ENGINEERING & SURVEYING
Associate Engineer $ 90 - $ 135
Construction Inspector $ 105 - $ 175 PLANNING
Designer I $ 55 - $ 95 Assistant Planner $ 75 - $ 120 Designer II $ 75 - $ 120 Associate Planner $ 90 - $ 155 Designer III (Structural) $ 90 - $ 135 Intern $ 45 - $ 80 Engineer I $ 85 - $ 135 Manager of Planning $ 145 - $ 26 Engineer II $ 105 - $ 160 Principal $ 180 - $ 350
Land Surveyor $ 115 - $ 160 Principal Planner $ 140 - $ 250 Manager of Engineering Services $ 170 - $ 280 Senior Planner $ 115 - $ 205 Manager of Surveying $ 150 - $ 230 Senior Urban Designer $ 115 - $ 205 Party Chief $ 90 - $ 145 Urban Designer $ 90 - $ 155 Principal $ 180 - $ 350
Project Engineer $ 125 - $ 180 CORPORATE SERVICES
Project Manager $ 145 - $ 230 Accounting Specialist $ 60 - $ 110 Senior Associate Engineer $ 110 - $ 185 Business Development Coordinator $ 85 - $ 135 Senior Designer $ 110 - $ 185 Chief Executive Officer $ 195 - $ 500 Senior Land Surveyor $ 130 - $ 195 Graphic Designer $ 80 - $ 135 Senior Party Chief $ 115 - $ 185 Marketing Manager $ 110 - $ 220 Senior Project Engineer $ 135 - $ 225 Marketing Specialist $ 90 - $ 150 Supervisor of Surveying $ 135 - $ 205 Office Coordinator $ 70 - $ 125 Survey Technician I $ 60 - $ 90 Project Accountant $ 65 - $ 135 Survey Technician II $ 75 - $ 115 Project Administrator $ 70 - $ 125 Survey Technician III $ 90 - $ 155 Receptionist $ 40 - $ 80
27 REQUISITION
05/11/2021
ISSUED TO:
Date:
Vendor #: 002716
3765 S. HIGUERA STREET STE 102
SAN LUIS OBISPO, CA 93401
RRM DESIGN GROUP CA., INC. SHIP TO:
130 CREMONA DRIVE, SUITE B
GOLETA, CA 93117
CITY OF GOLETA
Requisition #: 21PE028
UNITS DESCRIPTION PRICE AMOUNTGL ACCOUNT NUMBERITEM ITEM # 1 0 Development of Objective Design Standard 0.00 101-40-4300-51200 150,000.00 150,000.00TOTAL
SHIPPING:
TOTAL TAX:
SUBTOTAL:
0.00 0.00
150,000.00
Authorized By:
4-20-21 - Agreement approved by City Council for Professional consulting services for development of Objective Design Standards (ODS) by RRM Design Services NTE of $150,000
Detailed Description:
28 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
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APPROVED
3/23/21
29 COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED d. Any "employee" of yours while using a covered "auto" you don't own, hire or A. Subsidiaries and Newly Acquired or borrow in your business or yourFormed Organizations
personal affairs.The Named Insured shown in the
C. Lessors as InsuredsDeclarations is amended to include:
Paragraph A.1. - WHO IS AN INSURED - of (1) Any legal business entity other than a Section II - Liability Coverage is amended topartnership or joint venture, formed as a add:subsidiary in which you have an
ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if:
include any subsidiary that is an (1) The agreement requires you to"insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor andsuch a policy but for its termination or (2) The "auto" is leased without a driver.the exhaustion of its Limit of Insurance.
Such a leased "auto" will be considered a (2) Any organization that is acquired or covered "auto" you own and not a covered formed by you and over which you "auto" you hire.maintain majority ownership. However,
the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add:
(b) That is an "insured" under any other f. When you have agreed, in a writtenpolicy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your business auto policy, such person or (d) 180 days or more after its organization is an "insured", but only acquisition or formation by you, to the extent such person orunless you have given us notice of organization is liable for "bodilythe acquisition or formation. injury" or "property damage" causedCoverage does not apply to "bodily by the conduct of an "insured" under injury" or "property damage" that results paragraphs a. or b. of Who Is Anfrom an "accident" that occurred before Insured with regard to theyou formed or acquired the organization. ownership, maintenance or use of a B. Employees as Insureds covered "auto." Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 1 of 5of ISO Properties, Inc., with its permission.) 8(*$&
30 E. Primary and Non-Contributory ifThe insurance afforded to any such Required by Contractadditional insured applies only if the "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional
(1) During the policy period, and Insured If Required by Contract, the following provisions apply:(2) Subsequent to the execution of such written contract, and (3) Primary Insurance When Required By Contract(3) Prior to the expiration of the period
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be primary. If other insurance is also (2) How Limits Apply primary, we will share with all that otherIf you have agreed in a written contract insurance by the method described inor written agreement that another Other Insurance 5.d.person or organization be added as an (4) Primary And Non-Contributory To Otheradditional insured on your policy, the Insurance When Required By Contractmost we will pay on behalf of such additional insured is the lesser of: If you have agreed in a written contract or written agreement that this insurance(a) The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance, this agreement; or
insurance is primary and we will not(b) The Limits of Insurance shown in seek contribution from that otherthe Declarations. insurance.
Such amount shall be a part of and not (3) (4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredin the Declarations and described in this has been added as an additional insured.Section.
When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over otherindemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement (1) The total amount that all such otherthat this insurance is primary and non- insurance would pay for the loss in thecontributory with the additional insured's absence of this insurance; andown insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another
2. AUTOS RENTED BY EMPLOYEESperson or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 2 of 5of ISO Properties, Inc., with its permission.)
31 5 PHYSICAL DAMAGE - ADDITIONALIf an "employee’s" personal insurance also .
TEMPORARY TRANSPORTATION EXPENSE applies on an excess basis to a covered "auto" COVERAGEhired or rented by your "employee" on your
behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee’s" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000.
6. LOAN/LEASE GAP COVERAGEEXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less If hired "autos" are covered "autos" for Liability any amounts representing taxes; overdueCoverage and if Comprehensive, Specified payments; penalties, interest or chargesCauses of Loss, or Collision coverages are resulting from overdue payments; additionalprovided under this Coverage Form for any mileage charges; excess wear and tear charges;"auto" you own, then the Physical Damage lease termination fees; security deposits not Coverages provided are extended to "autos" you returned by the lessor; costs for extendedhire or borrow, subject to the following limit. warranties, credit life Insurance, health, accidentThe most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag.
coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENEDby fire or lightning. Hired Auto Physical Damage COVERAGEcoverage is excess over any other collectible a. The exceptions to Paragraphs B.4 -insurance. Subject to the above limit, deductible EXCLUSIONS - of SECTION III - PHYSICAL and excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following:covered "auto" you own.
4.c. 4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto" equipment designed to be operated solelyif it results from an "accident", you are legally by use of the power from the "auto's"liable and the lessor incurs an actual financial electrical system that, at the time of "loss", loss, subject to a maximum of $1000 per is:"accident".
(1) Permanently installed in or upon This extension of coverage does not apply to the covered "auto";any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 3 of 5of ISO Properties, Inc., with its permission.)
32 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accident", the following applies:
b.Section III – Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible.
$1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a. -solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM,accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESSthat reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an "accident" applies only when the "accident" istime of "loss", is: known to:
(1) Permanently installed in or upon (1) You, if you are an individual;the covered "auto" in a housing, (2) A partner, if you are a partnership;opening or other location that is not normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or
such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDSintegral part of that equipment; or If you unintentionally fail to disclose any hazards(3) An integral part of such equipment. existing at the inception date of your policy, we c. For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO - COVERAGE TERRITORYstolen electronic equipment will be reduced by Paragraph e. of GENERAL CONDITIONS 7. -the applicable deductible shown in the POLICY PERIOD, COVERAGE TERRITORY -Declarations, or $250, whichever deductible is of SECTION IV - BUSINESS AUTO less.
CONDITIONS is replaced by the following:9. EXTRA EXPENSE - BROADENED e. For short-term hired "autos", the coverageCOVERAGE
territory with respect to Liability Coverage isUnder Paragraph A. - COVERAGE - of SECTION anywhere in the world provided that if theIII - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto" to you. determined in a "suit," the "suit" is brought in
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories and possessions of the United States ofUnder Paragraph D. - DEDUCTIBLE - of SECTION America, Puerto Rico or Canada or in a III - PHYSICAL DAMAGE COVERAGE, the settlement we agree to.following is added:
15. WAIVER OF SUBROGATIONNo deductible applies to glass damage if the glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV -11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended byUnder Paragraph D. - DEDUCTIBLE - of SECTION adding the following:III - PHYSICAL DAMAGE COVERAGE, the following is added:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 4 of 5of ISO Properties, Inc., with its permission.)
33 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to move the auto but does not include autos"Bodily injury" means bodily injury, sickness or powered solely by electricity or natural gas.disease sustained by any person, including mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more
electric motors; and that uses the internal17. EXTENDED CANCELLATION CONDITION combustion engine and one or more electric Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGEnonpayment of premium, we will mail or deliver In the event of a total loss to an "auto" for whichto the first Named Insured written notice of Comprehensive, Specified Causes of Loss, orcancellation at least 60 days before the effective Collision coverages are provided under thisdate of cancellation.
Coverage Form, then such Physical Damage18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at theLoss, or Collision coverages are provided under time of total loss. Regardless of the number ofthis Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto’s not considered vehicle wraps. actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 5 of 5of ISO Properties, Inc., with its permission.)
34 Policy # BUSINESS LIABILITY COVERAGE
SS 00 08 04 05
Rev. 5.14 Page 1 of 2
ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT
This is a summary of the coverage provided under the following form (complete form available):
BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05
Additional Insured when Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C, is amended to include as an additional insured, but only with r espect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those act ing on your behalf:
(a) In the performance of your ongoing operations;
(b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "product s-completed operations hazard, but only if
(i) The written contract or written agreement requires you to provide such c overage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard.
The person(s) or organizations(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under the provision only for that period of time required by contract, agreement or permit.
With respect to the insurance afforded to these additional insureds, this insurance does not apply
to: "Bodily injury, "property damage" or "personal and advert ising injury" arising out of the rendering of, or the failure to render, any professional archit ectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, changes orders, design or drawings, and specification. Or (b) Supervisory, inspection, architectural or engineering activities.
The limits of insurance apply to additional insureds are described in Section D. Limits of Insurance.
How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability and Medical Expenses General Conditions.
Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
When you Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under Coverage Part:
(a) Primary When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary and Non-Contributory to Other Insurance When Required B y Contract: If you have agreed in a written contract, written agreement or permit that this insurance be primary and non- contributory with the additional insured’s own insurance, this insurance is primary and we will not see contribution from that other insurance.
6%: %*
35 BUSINESS LIABILITY COVERAGE Summary SS 00 08 04 05
Rev. 5.14 Page 2 of 2
Paragraphs (a) and (b) do not apply to other insurance which the additional insured has been added as an additional insured.
(c) Method of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
Waiver of Subrogation
If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Cover age Part, we also waive that right, provided the insured waived their rights of recovery against su ch person or organization in a contract, agreement or permit that was executed prior to the injury or damage.
36 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
:(*$*&79
550 'HVLJQ *URXS
6 +LJXHUD 6W 6XLWH
6DQ /XLV 2ELVSR &$
37