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HomeMy WebLinkAboutRRM Design Group; 2021-01-19;DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP THIS AGREEMENT is made and entered into as of the 19th day of January 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor"). RECITALS A.City requires the professional services of a planning consultant that is experienced in developing objective design review standards and expedited permitting programs. B.Contractor has the necessary experience in providing professional services and advice related to objective design review standards and expedited permitting programs. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred eighty five thousand dollars ($185,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Shelley Glennon Name Jami Williams Title Associate Planner Title Principal 32332 Camino Capistrano, Suite Department Com Dev Dept. Address 205 City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4605 San Juan Capistrano, CA 92675 Phone No. 805-801-3743 Email jawilliams@rrmdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesU No El 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work City Attorney Approved Version 6/12/18 5 DocuSign Envelope ID: E5933089-81E1-4172-8509-640DOBDA5833 performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. RRM DESIGN GROUP, a California CITY OF CARLSBAD, a municipal corporation corporation of the State of California By: , iCUMI Maw/6 By: -1(61-df Matt Hall Mayor (sign here) Jami Williams/Senior Vice President (print name/title) ATTEST: By. vioA, 6444, (sign here) Diane Bathgate/Vice President (print name/title) Tamara R. McMinn for BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney c2o, BY: Assistant City Attorney City Attorney Approved Version 6/12/18 7 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 SCOPE OF SERVICES The overarching goal of this work effort is to develop objective design review standards and an expedited permitting program that will facilitate and streamline development of housing in the City of Carlsbad. The State of California has adopted recent legislation to address the State-wide housing shortage and now requires a streamlined and ministerial process for specific residential developments (multi-family, including mixed-use). Objective development/design standards are required by the Housing Accountability Act, Senate Bill 35 Streamlining, and the Housing Crisis Act (Senate Bill 330). These laws require projects to be reviewed against established objective standards rather than through a city's traditional discretionary entitlement process. Objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. Currently, Carlsbad relies on codified standards in combination with design guidelines and a discretionary review processes when considering a multi-family and mixed-use development projects. The proposed work effort will result in objective design standards and a streamlined permit process, which are consistent with state law, for multi-family and mixed-use projects citywide, excluding the Village and Barrio Master Plan area. The nature of the project is a technical exercise focused on identifying the subjectivity in the current development review process and replacing that subjectivity with objective requirements. The project is not intended to revise existing development standards (e.g., the intent is not to change existing building height or setback standards). We have crafted the proposed work plan based on our knowledge of the project context and professional experience. However, we are prepared to adjust the work plan as necessary to best satisfy City objectives, budget, and timeframes. Task 1: Create Objective Design Standards Kickoff Meeting Following the initial review of existing data, the project team will meet with City staff to establish a mutual understanding of the key issues, discuss the scope of work, expectations, and layout significant project milestones, meeting times, and deliverable targets. A virtual City tour to gain additional insight related to community character and recent development projects may also be incorporated into this task. Data Gathering/Document Research and Review 1 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 As a first step in the process, RRM will collect and review data that is relevant to the development of: Objective Design Standards; an Expedited Permit Review/Processing Program; and Educational Materials. Data collection will include review of the following: •Carlsbad General Plan •Carlsbad Municipal Code, •Master Plans and Specific Plans, including (note: Village and Barrio Master Plan is not included): o Aviara Master Plan o Bressi Ranch Master Plan o Calavera Hills Master Plan o Carrillo Ranch Master Plan o Green Valley Master Plan o La Costa Downs Specific Plan o North County Plaza Specific Plan o Poinsettia Properties Specific Plan o Poinsettia Shores Master Plan o Ponto Beachfront Village Vision Plan o Quarry Creek Master Plan o Robertson Ranch Master Plan o Sunny Creek Specific Plan o Villages of La Costa Master Plan o Zone 20 Specific Plan •City Council and Planning Division policies related to residential design •Previous development applications, and other planning efforts that have a bearing on future multi-family and mixed-use development. City Staff Deliverable: Staff will provide RRM relevant documents including: staffs current zoning "fix-it" list; a brief summary of the current discretionary review process; and a summary of recent Planning Commission approvals of multi-family and mixed-use projects along with any associated subjective, discretionary changes made to the design of the projects. This information will provide an opportunity for RRM to develop a thorough understanding of the City of Carlsbad's specific issues and opportunities associated with streamlining future multi-family and mixed-use development and ensuring context sensitive, objective design standards. Conduct Consistency Analysis and Prepare Issue Identification Summary Matrix RRM will develop a matrix summarizing necessary revisions to existing City plans, guidelines, and standards. The matrix will identify revisions or amendments (graphics, figures, tables, charts, definitions) needed for existing City documents or plans to ensure consistency regarding the design standards. Findings will be summarized with recommendations for proposed objective design standards language. This will provide an opportunity to discuss the desired approach and modified language prior to developing the Administrative Draft document. 2 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 Administrative Draft Objective Design Standards RRM will prepare a comprehensive Administrative Draft of the Objective Design Standards. The standards will provide direction on design elements for multifamily housing and mixed-use projects, such as site planning, building massing and elements, building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, etc. They will be clearly written and tailored with the ultimate users in mind. Design professionals, City staff, and decision-makers will all use this document in the creation and review of project submittals. The intention is to create an easy-to-use and easy-to-administer document and eliminate redundancy and unnecessary regulations otherwise covered by existing documents. The document will be graphically oriented with images and exhibits representing a suggested design topic or standard. Many of the images will contain text callouts helping to illustrate the design intent. Screencheck Draft Design Standards Following the receipt of a single set of redlined comments from staff, RRM will produce the Screencheck Draft document. At this point, all staff comments will have been integrated and this draft will provide an opportunity for final review and comment prior to releasing the public review draft. Public Draft Design Standards RRM will update the screencheck draft with final edits and produce a Public Review Draft of the Design Standards. A companion document will be included to identify revisions needed for other existing City documents. This draft will be distributed to Planning Commission and City Council prior to hearings. Final Objective Design Standards Following the receipt of comments from City staff on the draft Objective Design Standards documents, RRM will produce the Final Admin Review document. This document will provide an opportunity for final review and comment prior to releasing the Final Public document. Project Management Work performed within this task will be associated with necessary coordination between RRM and City staff throughout the process. This will include information teleconferences, correspondence, status updates, record keeping, project coordination, electronic file management, and all other coordination during the project. In addition, bi-weekly check-in conference calls (-30 minutes) with the Project Manager will be provided within this task. DELIVERABLES •Prepare for and attend one (1) kickoff meeting •One (1) summary matrix of proposed amendments to existing City documents •One (1) conference call with City to discuss findings of matrix 3 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 •RRM will provide a PDF of the Administrative Draft document for staff review •RRM will provide a PDF of the Screencheck Draft document for staff review •RRM will provide a PDF of the Public Draft document for staff use and public review •One (1) Final PDF Public Objective Design Standards document •Ongoing project coordination and management. Assumes approximately six (6) hours per month for 36 months including one (1) 30-minute check-in conference call with the City up to two (2) times a month (not all calls may be necessary) Task 2: Identify Necessary Amendments to City Documents Zone Code Amendments Coordination RRM will work with City staff to ensure that necessary code amendments are identified to integrate the objective design standards into the City's Zoning Ordinance coordinated with the City consultant. This task will include reviewing and integrating relevant issues identified in staffs current "fix-it list" and coordination with concurrent efforts to prepare a comprehensive Zoning Ordinance update. Review of City plans, guidelines and standards will be performed as part of Task 1: Create Objective Design Standards. Potential conflicts with new state legislation related to project streamlining will also be examined. CEQA Compliance RRM is well qualified to prepare CEQA compliance analysis for the project. However, as the scale of the project and scope have yet to be determined, a cost estimate at this time would be speculative. We would be happy to provide a cost estimate based on further discussion with staff and delineation of work effort. As part of this task, RRM will prepare recommendations for the appropriate CEQA determination (e.g., Negative Declaration) and provide a cost estimate to complete the CEQA analysis. DELIVERABLES •Up to 24 hours of coordination, conference calls, and time associated with summarizing recommended revisions •One (1) CEQA Recommendations Memo and Cost Estimate Task 3: Internal Procedures Project Streamlining RRM will research existing multifamily housing and mixed-use project permit processes, practices, and materials and develop a revised permit processing program. RRM will coordinate with City staff to provide input on updated administrative procedures intended to facilitate and streamline the permitting process for project applicants. A clear, expedited and easy to understand process will also increase staff efficiency with the goal of reducing review time for affordable housing projects by at least 20%. The final deliverable will be a summary 4 DocuSign Envelope ID: E5933089-81E1-4172-8509-640DOBDA5833 memorandum of findings as well as recommended modifications to the process for City consideration. As stated in the RFP, the following quantitative outcomes are expected: •Reduce the City's review and approval time for eligible projects with ³50% affordable units to 60 days if the development contains 150 or fewer housing units •Reduce the City's review and approval time for eligible projects with ³50% affordable units to 90 days if the development contains more than 150 housing units •Reduce project review processing time for the above eligible projects by 30% Staff Training Materials We understand the overall goal for this task is for the City to clearly understand the new objective design standards, the streamlined permitting process and communication tools for the public, and the updated methodology for project review based on the new standards. Efficient communication, processing, and review for City staff is key for successful implementation of the new design standards and ultimate goal of additional affordable housing and community wellbeing. RRM will prepare materials for staff training and education, provide an overview of the educational and marketing materials (graphic simulations), and a summary of the objective standards. RRM will present a PowerPoint and facilitate a three-hour training session for City staff. The session will include a substantial question and answer period to ensure that City staff will leave with a solid understanding of the objective design standards. DELIVERABLES •Summary memorandum of findings as well as recommended modifications to the process for City consideration •One (1) three-hour training session with City staff with supporting PowerPoint presentation •Educational materials for City staff training Task 4: Community Outreach/Planning Commission/City Council Engagement associated with the development of objective design standards will focus on gaining an understanding from City staff, decision makers, and the development community on common issues associated with existing standards and the development review process. As stated previously, the nature of this project is essentially a technical exercise and therefore will require the development of a suite of educational materials to inform the larger Carlsbad community of project objectives and schedule. Project Website, Social Media, and Project Collateral 5 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 RRM will develop a project webpage, social media posts, and e-updates provide a means to distribute information to many interested parties and receive feedback. RRM will work with City staff to leverage existing online resources, including social media platforms, and determine how new resources can augment online outreach efforts. In addition, we 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. A frequently asked questions (FAQ) handout/pdf will also be developed to provide additional information and clarify misconceptions. Informational Video This task will include an informational video that can be posted on the project website and will include an informational slide deck with voiceover. Online Survey Online surveys (using Survey Monkey or similar program) provide project information and solicit additional public comments and feedback when it is most convenient for the participant. Stakeholder Interviews #1 As RRM will conduct a series of stakeholder interviews within a single day to interview individuals or interest groups that will share their thoughts on the City's existing discretionary review and approval process. The interviews involve a series of half-hour to one-hour confidential meetings (held via video/teleconference) with various stakeholders, including City staff, select decision makers, and developers/recent applicants. Planning Commission Study Session During the development of the objective design standards, RRM will conduct a study session with the Planning Commission to provide a project update and examples of final product. This will be an opportunity to collect input prior to finalizing the Administrative draft. Stakeholder Interviews #2 RRM will conduct a series of stakeholder interviews within a single day to discuss preliminary objective design standards and recommended modifications to the City review process. The interviews involve a series of half-hour to one-hour confidential meetings (held via video/teleconference) with various stakeholders, including City staff, select decision makers, and developers/recent applicants. Open House Virtual open house to gather input on standards. Hearings and Implementation RRM will coordinate with City staff to prepare for and attend up to two (2) public hearings to adopt the proposed Objective Design Standards and related documents and/or materials. RRM 6 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 assumes City staff will be responsible for public notification. Errata sheets may be used to discuss preferred changes between the public review period, Planning Commission and City Council. Up to sixteen (16) hours of on-call assistance (conference call and email correspondence) to assist with implementation. DELIVERABLES •Prepare informational material for City distribution and to post on the City website including informational flyer, Frequently Asked Questions (FAQ) sheet, e-blast and social media content. Includes one round of revisions. •One (1) video presentation with voice over. •Facilitate two (2) days of meetings with stakeholders. We ask that staff be responsible for noticing and meeting logistics and contacting key stakeholders. •Facilitate online open house. City staff will be responsible for meeting notification and logistics. •Planning Commission study session. •Prepare and present Final Public Objective Design Standards document at up to two (2) hearings. WORK PROGRAM ASSUMPTIONS Meeting Notices. The City is responsible for printing and distribution of physical meeting notices and noticing and filing notices and documents for environmental review if needed. If requested, the costs of providing printing and/or distribution of meeting notices would be on a time and materials basis. Meeting Attendance. The project budget assumes virtual attendance at meetings identified in the work program. The costs of additional or in-person meeting attendance would be on a time and materials basis if requested. Draft Documents. A draft of each document will be provided to staff and revised based on a single set of consolidated comments providing clear direction. Printing. This budget assumes the City will be responsible for printing and distributing documents 7 Subtotal (Excluding Optional task) Reimbursable Expenses Estimated Project Total DocuSign Envelope ID: ES933C80-81E1-4172-8509.640008DA5833 Carlsbad Objective Design Standards Fee Schedule Revised December 24, 2020 1 Create Objectivo Design Standards Fixed Fee 99,340 2 Develop Applicable Municipal Code Standards and Amendments Fixed Fee 19,240 3 Produce forms, internal procedures and marketing brochures Fixed Fee 24,820 4 Planning Commission I Community Outreach Fixed Fee $ 38,100 Principal 205 (Public Policy) Principal Landscape A:chiloct Production in Charge Principal (PM) Senior Planner 210 S per hour 220 $ per hour 126 $ per hour S per hour 160 S per hour 100 S per hour 50 $10,250 220 $48,400 126 $15,750 6 61,260 8 51,280 224 $22,400 4 5820 26 $6,160 24, $3,000 6 $1,260 0 SD 80 $8,000 20 $4,100 14' $3,080 8 $1,000 64 $13,440 0 50 321 83,202 36 $7,380 88j $19,360 16 52,000 61 61,260 0 $0 81! 68,100 $ 181,500 $ 3,500 Fee Footnotes Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced. Reimbursable Expenses Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. $ 185,000 Lt.,iirrnnzmi CERTIFICATE OF LIABILITY INSURANCE DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 ACCORGP DATE (MWDDNYYY) 12/28/2020 PRODUCER Dealey, Renton & Associates 790 E. Colorado Blvd, #460 Pasadena CA 91101 License#: 0020739 INSURED RRM Design Group 805 543-1794 3765 S. Higuera St., Suite 102 San Luis Obispo, CA 93401 RRMDESI-02 CONTACT NAME: Marie Swaney PHONE (NC. No. Ex)). E-MAIL ADDRESS: mswaney@dealeyrenton.com FAX (NC. No). INSURER(S) AFFORDING COVERAGE INSURER A: Evanston Insurance Company INSURER e: Sentinel Insurance Company INSURER c: Trumbull Insurance Company INSURER D: HARTFORD INSURANCE COMPANY INSURER E: INSURER F NAIC # 35378 11000 27120 38288 CANCELLATION 30 Day Notice will be sent to holder SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 04.1.44, CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: 1466419536 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSR1 LTR I TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM1DDfYYYY) POLICY EXP (MM/DONYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 84 SBW BG6537 6/30/2020 6/30/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000.000 Contractual Liab MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY i $ 1,000,000 - GE'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X !Ira- [ I LOC PRODUCTS - COMP/OP AGG S 2,000,000 OTHER: s C AUTOMOBILE LIABILITY Y Y 84UEGAC1692 6/30/2020 6/30/2021 SINGLE LIMIT COMBINED dent) (Ea ami S 1.000' 000 • X ANY AUTO BODILY INJURY (Per person) S OWNED AUTOS ONLY ____. SCHEDULED AUTOS BODILY INJURY (Per accident) $ y 's HIRED y AUTOS ONLY " NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ I $ X _ UMBRELLA LIAB X OCCUR Y 84 56W 6G6537 6/30/2020 6/30/2021 EACH OCCURRENCE $ 5,000000 EXCESS LIAB CLAIMS-MADE 1 AGGREGATE $ 5,000,000 DED X RETENTION $ n $ D WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y 84VVEGAG7CTV 6/30/2020 6/30/2021 X STATUTE I I E0RTH- ANYPROPRIETORIPARTNER/EXECUTIVE Y/ N N N/A E.L. EACH ACCIDENT S 1,000,000 OFFICERIMEMBEREXCLUDED? (Mandatory In NH) EL. DISEASE - EA EMPLOYEE . $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT S 1,000,000 A Professional Liability MKLV7PL0004245 6/30/2020 6/30/2021 Per Claim Aggregate Limit S2,000000 S4,000;000 DESCRIPTION OF OPERATIONS 1 LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella policy is a follow-form to its under ying Policies: General Liability/Auto Liability/Employers Liability. AM Best's Rating of Policies above: A/XV or greater. RE: Professional Planning Services Agreement -- The City of Carlsbad, its officials, officers, employees and volunteers are named as additional insured as respects general & auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). C) 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 84UEGAC1692 RPM Design Group 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 A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1)Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2)Any organization that is acquired or formed by you and over which you maintain majority ownership. However, •the Named Insured does not include any newly formed or acquired organization: (a)That is a partnership or joint venture, (b)That is an "insured" under any other policy, (c)That has exhausted its Limit of Insurance under any other policy, or (d)180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED-of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1)The agreement requires you to provide direct primary insurance for the lessor and (2)The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and, not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1)During the policy period, and (2)Subsequent to the execution of such written contract, and (3)Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a)The limits of insurance specified in the written contract or written agreement; or (b)The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3)Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4)Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 DocuSign Envelope ID: E5933089-81E1-4172-8509-640DOBDA5833 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3.AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1)$100,000; (2)The actual cash value of the damaged or stolen property at the time of the "loss"; or (3)The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5.PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a . limit of $50 per day and a maximum limit of $1,000. 6.LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7.AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8.ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1)Permanently installed in or upon the covered "auto"; (2)Removable from a housing unit which is permanently installed in 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 CD 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 DocuSign Envelope ID: E5933C89-81E 1 -4172-8509-640DOBDA5833 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9.EXTRA EXPENSE BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10.GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11.TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1)If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; • (2)If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)A member, if you are a limited liability company; or (4)An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 DocuSign Envelope ID: E5933C89-81E1-4172-8509-64000BDA5833 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16.RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17.EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY • CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18.HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto's 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," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19.VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. @ 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 POLICY NUMBER: 84 SBW BG6537 BUSINESS LIABILITY COVERAGE SS 00 08 04 05 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 respect 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 acting 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 "products completed operations hazard", but only if (i)The written contract or written agreement requires you to provide such coverage 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 organization(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 the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including; (a)The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b)Supervisory, inspection, architectural or engineering activities. The lim its of insurance that 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. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 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 this Coverage Part: (a)Primary Insurance 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 By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to 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 Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640DOBDA5833 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 84WEGAG7CTV Endorsement Number: Effective Date: 06/30/2020 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RRM Design Group 3765 S.I-liguera St., Suite 102 San Luis Obispo, CA 93401 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 Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Authorized Representative Policy Expiration Date: 06/30/2021