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HomeMy WebLinkAboutRRM Design Group - 2018-05-21 Dept. ID CD 18-006 Page 1 of 2 Meeting Date: 5/21/2018 / ® Pgo Vp (_ 67-0-Z l /' iJAJ s x� CITY OF HUNTINGTON BEACH k . REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/21/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Jane James, Interim Director of Community Development SUBJECT: Approve and authorize execution of a Professional Services Contract between the City of Huntington Beach and RRM Design Group for the preparation of an amendment to the Huntington Beach Zoning and Subdivision Ordinance to establish zoning standards for a new Research and Technology zoning designation; and approve an increase in the Community Development Department's Professional Services listing authority by $148,700 Statement of Issue: Transmitted for City Council's consideration is a request to enter into a Professional Services Contract with RRM Design Group, Inc. for the preparation of an amendment to the Huntington Beach Zoning and Subdivision Ordinance to establish zoning standards for a new Research and Technology zoning designation in the amount of$148,700. Financial Impact: The RRM Design Group contract is a standard three-year professional services contract with all work anticipated to be completed by February 2019. The $148,700 contract amount will be funded from the FY 18/19 Community Development Department approved budget, account 10060201.69365. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and RRM Design Group for the Preparation of an Amendment to the Huntington Beach Zoning and Subdivision Ordinance to Establish a New Research and Technology Zone" in the amount of$148,700; and, B) Approve an increase in the Community Development Department's professional services listing authority of $148,700 for the preparation of an amendment to the Huntington Beach Zoning and Subdivision Ordinance to establish zoning standards for a new Research and Technology zoning designation. Alternative Action(s): Deny the contract between the City and RRM Design Group, Inc. and direct staff accordingly. Analysis: In October 2017, the City completed a comprehensive update of the General Plan. The update to the Land Use Element included introduction of a new Research and Technology land use designation, which encourages employment uses and commercial uses designed to accommodate HB -1319- Item 12. - I Dept. ID CD 18-006 Page 2 of 2 Meeting Date: 5/21/2018 employees while continuing to allow traditional industrial uses such as manufacturing and production. As described in the Land Use Element, the Research and Technology designation is broad enough to cover a wide range of uses, which must be established by a zoning code amendment. The project also includes a zoning map amendment to establish a Research and Technology zoning district that corresponds to the approved General Plan land use map. A professional services contract between the City and RRM Design Group is necessary to support the preparation of a zoning code amendment to establish a set of zoning standards for the Research and Technology zoning designation, and a zoning map amendment to align the Zoning and General Plan land use maps for consistency. RRM Design Group will evaluate and make recommendations for appropriate development and parking requirements for mixed-use businesses within the Research and Technology areas, and prepare technical studies such as a market analysis and parking demand study to support these recommendations. Further, professional services provided under the subject contract include the implementation of a public outreach program that will engage community groups, conduct stakeholder interviews and public workshops, and incorporate public and stakeholder involvement into the zoning standards development process. Consultant Selection Process The City received proposals from three firms in response to a Request for Proposals (RFP) for the zoning code and map amendments. Planning staff reviewed the proposals and selected RRM Design Group based on a rating system that considered compliance with the RFP requirements, methodology, qualifications and experience, clarity, cost, and references. Staff rated RRM Design Group higher than the other firms that submitted proposals for several reasons: depth of experience of the project manager and team members; working with communities and presenting to the public and decision makers; greater level of comprehension of the project, methodology, and desired outcomes; experience working in coastal communities; availability of staff resources to work on the public outreach; expertise of technical staff and sub-consultants; and, previous experience working on the City's Downtown Specific Plan (SP5). RRM Design Group has received a copy of the draft contract, a signed copy of which is provided in Attachment No. 1. Environmental Status: Projects over which public agencies exercise ministerial authority, such as the subject professional services contract, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. "Professional Services Contract Between the City of Huntington Beach and RRM Design Group for the Preparation of an Amendment to the Huntington Beach Zoning and Subdivision Ordinance to Establish a New Research and Technology Zone" Item 12. - 2 FIB -140- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RRM DESIGN GROUP FOR THE PREPARATION OF AN AMENDMENT TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO ESTABLISH A NEW RESEARCH AND TECHNOLOGY ZONE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RRM Design Group, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare an amendment to the Huntington Beach Zoning and Subdivision Ordinance to establish zoning standards for a new Research and Technology zoning designation; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Jami Williams who shall represent it and be its sole contact and agent in all consultations with CITY during the perfonnance of this Agreement. agree/surfnet/professional Svcs mayor I of 11 10/12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on May 21st , 2018 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for perfonnance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all teens and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Forty Eight Thousand Seven Hundred Dollars ($148,700). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. agree/surfnet/professional Svcs mavor 2 of 11 10/12 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional Svcs mayor 3 of 11 10/12 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work perfonned by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith tenninate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work perfonned prior to approval of insurance by the CITY. agree/surinet/professional Svcs mayor 4 of 11 10/12 10. CERTIFICATE OF INSURANCE Prior to commencing perfonnance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. agree/su fnet/professional sves mayor 5 of 11 10/12 I 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may tenninate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of tennination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a professional services contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work perfonned pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Govenunent Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as agree/surfneUprolcssional secs mayor 6 of 11 10/12 the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach RRM Design Group ATTN: Jane James ATTN: Jarm Williams 2000 Main Street 32332 Camino Capistrano, Ste. 205 Huntington Beach, CA 92648 San Juan Capistrano, CA 92675 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. agree/suifnet/professional secs mayor 7 of 11 10/12 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. a.ree/surfnet/professional Svcs mayor 8 of 11 10/12 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the teens and/or provisions of this Agreement or to secure the perfonnance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terns and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. agree/surinet/professional Svcs mayor 9 Of I I 10/12 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive ann's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/surfnet/professional secs mayor 10 of 11 10/12 CONSULTANT, CITY OF HUNTINGTON BEACH, a RRM Design Group municipal cog)oration of the State of COMPANY NAME Califo B Mayor "1411 �► �&� print name City Clerk #4311949 ITS: (circle one)Chairman/Presiden ice President INITIATED AND APPROVED: AND Direct r of Community Development print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: —�t'42� f�' v amity Manager APPROVED AS T - M. 1 7 y Attorney agrce/surfnet/professional secs mayor I I Of I I 10/12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) RRM Design Group, in collaboration with the City of Huntington Beach, will prepare an amendment to the Huntington Beach Zoning and Subdivision Ordinance to establish a new Research and Technology zone. The Scope of Work dated March 16, 2018 is attached. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Consultant will function as an extension of City staff. 2. Consultant will provide the tasks and services as described and outlined in the Scope of Work dated March 16, 2018: Task 1 - Project Kickoff, Background and Technical Analysis Task 2 - Conduct Community Engagement Task 3 - Draft Research and Technology Ordinance Task 4 - Public Review and Adoption (Optional) Task 5 - Before&After Build Out Sketches C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Consultant will function as an extension of staff. 2. City staff will provide available data necessary to compile project area base map(s). 3. City staff will provide project meeting facility, logistics, notification, and refreshments. 3. City staff will prepare any public noticing for the environmental documentation associated with the project. D. WORK PROGRAM/PROJECT SCHEDULE: The Project Schedule is included on Page 8 of the attached Scope of Work dated March 16, 2018. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principal in Charge $185/hour Project Manager $165/hour Traffic Engineer $210/hour Architect $160/hour Analysis/Production $95/hour B. Travel Charges for time during travel are not reimbursable. C. Billin 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until 1 Exhibit B the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RRM DESIGN GROUP FOR THE PREPARATION OF AN AMENDMENT TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO ESTABLISH A NEW RESEARCH AND TECHNOLOGY ZONE Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Tenn; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Hannless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I 1 A CERTIFICATE OF LIABILITY INSURANCE DATEMMIDDa ) 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). PRODUCER CONTACT Dealey, Renton&Associates PHONE Marie Swaney FAx 790 E Colorado Blvd#540 ,C No Ezt:626-696-1890 we No: Pasadena,CA 91101 ADDRESS: mswaney@dealeyreriton.com Lic#0020739 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Travelers Indemnity Co.of Connecticut 25682 INSURED RRMDESIGN INSURER B:Travelers Property Casualty Co of Ameri 25674 RRM Design Group 3765 S. Higuera St., Suite 102 INSURERC:Atlantic Specialty Insurance Company 27154 San Luis Obispo, CA 93401 INSURER D: 805 543-1794 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1328998302 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. INSR I ADDL SUER• POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6802,1428900 6/30/2017 6/30/2018 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence S 1,000,000 X Contractual Liao MED FXP(Any one person) $10,000 X I XCU Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY 1 A jE LOD PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BA50461_942 6/30/2017 6/30/2018 COMBINED SINGLE LIMIT S 1,000,000 Ea accident PX ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULEDBODILY INJURY Per accident $ AUTOS ONLY AUTOS ( )HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ B X UMBRELLA LIAB X OCCUR Y Y CUP4157T683 6/30/2017 6/30/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,0001000 DED X RETENTIONS $ B WORKERS COMPENSATION Y UB4088T532 6/30/2017 6/30/2018 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability DPL714317 9/9/2017 9/9/2018 $1,000,000 Per Claim $2,000,000 Annual Aggregate Deductible: $10,000 each claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Professional Liability is E&O Liability policy.,Umbrella policy is a follow-form to underlying Policies:General Liability/Auto Liability/Employers Liability. RE:THE PREPARATION OF AN AMENDMENT TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO ESTABLISH A NEW RESEARCH AND TECHNOLOGY ZONE—City of Huntington Beach is named as an additional insured as respects general liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiv&r��f br�gat' ift�__ attached endorsement(s).Professional Liability policy has a deductible which is:$10,000 with a retro date:01/01/1974 V A FORM By: ,AL MICHAEL E.GATES CERTIFICATE HOLDER CANCELLATION 30 Day Notice CITY ATTORNEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Item 12. - 18 HB -156- Policy Number: BA5046L942 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required under paragraph d. of this part 5. Other Insurance, this a written contract or agreement between you and insurance is primary to and non-contributory with that person or organization, that is signed and applicable other insurance under which an addi- executed by you before the "bodily injury" or tional insured person or organization is the first "property damage" occurs and that is in effect named insured when the written contract or during the policy period, to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Covered Autos ganization, that is signed and executed by you Liability Coverage, but only for damages to which before the "bodily injury" or "property damage" this insurance applies and only to the extent that occurs and that is in effect during the policy pe- person or organization qualifies as an "insured" under the Who Is An Insured provision contained riod, requires this insurance to be primary and in SECTION II. non-contributory. CA T4 74 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. H B -157- Item 12. - 19 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00)—001 POLICY NUMBER: UB4088T532 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) 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. 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 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIE TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 5/4/2018 ST ASSIGN: CA 017106 Item 12. - 20 HB -158- POLICY NUMBER:BA50461-942 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:RRM Desiqn Group Endorsement Effective Date:6/30/2017 SCHEDULE Name Of Person(s) Or Organization(s):RE: Prep of an amendment to Huntington Beach Zoning & Subdiv. Ord.to Establish a new research &Tech Zone--City of Huntington Beach Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 HB -1 59- Item 12. - 21 COMMERCIAL GENERAL LIABILITY POLICY NUMBER:6802J428900 ISSUE DATE:5/4/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS OR ORGANIZATIONS: Redevelopment AgencV of the City of Huntinqton Beach 2000 Main Street Huntington Beach CA 92648 PROJECT/LOCATION OF COVERED OPERATIONS: RE: Prep of an amendment to Huntington Beach Zoning &Subdiv. Ord. to Establish a new research &Tech Zone--City of Huntington Beach PROVISIONS 1. The following is added to SECTION II - WHO IS The insurance provided to such additional insured AN INSURED: is limited as follows: The person or organization shown in the Sched- e. This insurance does not apply to the render- ule above is an additional insured on this Cover- ing of or failure to render any "professional age Part, but: services". a. Only with respect to liability for "bodily injury", f. In the event that the Limits of Insurance of the "property damage"or"personal injury'; and Coverage Part shown in the Declarations ex- b. If, and only to the extent that, the injury or ceed the limits of liability required by the "writ- damage is caused by acts or omissions of ten contract requiring insurance", the insur- you or your subcontractor in the performance ance provided to the additional insured shall of "your work" to which the "written contract be limited to the limits of liability required by requiring insurance" applies, or in connection that "written contract requiring insurance". with premises owned by or rented to you. This endorsement does not increase the lim- its of insurance described in Section III - Lim- The person or organization does not qualify as an its Of Insurance. Lim- additional insured: g. This insurance does not apply to "bodily inju- c. With respect to the independent acts or orris- ry" or "property damage" caused by "your sions of such person or organizatioor work" and included in the "products- d. For "bodily injury", "property damage" or"per- completed operations hazard" unless the sonal injury" for which such person or organi- "written contract requiring insurance" specifi- zation has assumed liability in a contract or cally requires you to provide such coverage agreement. for that additional insured, and then the insur- ance provided to that additional insured ap- CG D3 82 09 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Item 12. - 22 HB -160- COMMERCIAL GENERAL LIABILITY plies only to such "bodily injury" or "property 3. The following is added to Paragraph 8., Transfer damage"that occurs before the end of the pe- Of Rights Of Recovery Against Others To Us, riod of time for which the "written contract re- of SECTION IV - COMMERCIAL GENERAL LI- quiring insurance" requires you to provide ABILITY CONDITIONS: such coverage or the end of the policy period, We waive any right of recovery we may have whichever is earlier. against the additional insured shown in the 2. The following is added to Paragraph 4.a. of SEC- Schedule above because of payments we make TION IV - COMMERCIAL GENERAL LIABILITY for "bodily injury", "property damage" or "personal CONDITIONS: injury" arising out of"your work" on or for the pro- The insurance provided to the additional insured ject, or at the location, shown in the Schedule shown in the Schedule above is excess over any above, performed by you or on your behalf, done valid and collectible other insurance, whether under a "written contract requiring insurance" with primary, excess, contingent or on any other basis, that person or organization. We waive this right that is available to the additional insured for a loss only where you have agreed to do so as part of we cover. However, if you specifically agree in the the "written contract requiring insurance" with "written contract requiring insurance" that this in- such person or organization signed by you be- surance provided to the additional insured under fore, and in effect when, the "bodily injury" or this Coverage Part must apply on a primary basis "property damage" occurs, or the "personal injury" or a primary and non-contributory basis, this in- offense is committed. surance is primary to other insurance available to 4. The following definition is added to the DEFINI- the additional insured which covers that person or TIONS Section: organization as a named insured for such loss, "Written contract requiring insurance" means that and we will not share with the other insurance, part of any written contract with the person or or- provided that: ganizations shown in the Schedule above, under (1) The "bodily injury" or "property damage" for which you are required to include that person or which coverage is sought occurs; and organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and sought arises out of an offense committed; "property damage" occurs and the "personal inju- ry" is caused by an offense committed: after you have signed that"written contract requir- ing insurance". But this insurance provided to the a. After you have signed that written contract; additional insured still is excess over valid and b. While that part of the written contract is in ef- collectible other insurance, whether primary, ex- fect; and cess, contingent or on any other basis, that is c. Before the end of the policy period. available to the additional insured when that per- son or organization is an additional insured under any other insurance. Page 2 of 2 ©2015 The Travelers Indemnity Company. All rights reserved. CG D3 82 09 15 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission H B -161- Item 12. - 23 Ntilts for Project ZonIng Amend ment Consultant(2018-0222a) Dn 02/22/2018 t !on March 16,2018 4:00 PM RPacific) N Info verruur Name Address city State ZipCode Country Respondee Respondee title Respardee Phone Respondee Email Bid Submit Date Bid Status RRM Design Group 3765 S.Higuera Suite 102 San Luis Obispo CA 93401 United States Diane Bathgate Manager of Planning 949-361-7950 Ext.110 dlbathgate@rrmdeslgn.eom 3/16/2018 1"6 Submitted Lisa Wise Consulting,Inc. 993 OsesStreet Los Angeles CA 90014 United States Lisa Wise President/CEO 305-595-1345 ExL Ilsa@Ilsawlseconsulting.com 3/16/2018 13:49 Submitted Michael Baker International,Inc. 5 Mutton Centre Dr.Suite 500 Santa Ana CA 92707 United States Shane Burkhardt Mgr of Comm uni ty Planning 949-955-3651 Ext. shave.burkhardt@rn bake rintl,wm 3/16f201814:14 Submitted W t.J City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachea.gov ,1909. Office of the City Clerk Robin Estanislau, City Clerk May 23, 2018 RRM Design Group Attn: Jami Williams 32332 Camino Capistrano, Suite 205 San Juan Capistrano, CA 92675 Dear Jami Williams: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and RRM Design Group for the Preparation of an Amendment to the Huntington Beach Zoning and Subdivision Ordinance to Establish a New Research and Technology Zone." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand