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HomeMy WebLinkAboutAGMT - JHD Planning LLC (Early Housing Element Preparation)PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 N JHD Planning, LLC P.O. Box 474 Shaver Lake, California, 93664 (714) 803 -2860 This Professional Service Agreement ( "the Agreement') is made as of April 25, 2019 (the "Effective Date "), by and between JHD Planning, LLC ( "Consultant'), a California Company, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide Planning and Housing services related to mandated State Housing Law requirements adopted in 2017 -18, including but not limited to Southern California Association of Governments (SCAGs) growth forecast. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of one year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation 2of10 City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $10,000. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City or Consultant, without cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. John Douglas is the Consultant's primary representative for purposes of this Agreement. 3of10 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: JHD Planning, LLC P.O. Box 474 Shaver Lake, CA 93664 Attn: John Douglas 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment 4of10 Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $300,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non -owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non -owned auto endorsement to the Commercial General Liability policy required under subparagraph 1 of this Section. 3) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability /Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in aggregate. 5of10 11.3. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section. 11.4. Additional Insured. The commercial general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. 11.5. Primary and Non - Contributing. The insurance policies required under this Section shall apply on a primary non - contributing basis in relation to any other insurance or self- insurance available to City. Any insurance or self- insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. 11.6. Consultant's Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant's employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City. 11.7. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by City. At City's option, Consultant shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses. 11.8. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general liability policy required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy. 11.9. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may terminate this Agreement. 11.10. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to 6of10 City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 11.11. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City except as limited under Section 12.0 of this Agreement. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant agrees to indemnify and hold harmless City and its officials, officers, employees and agents, from reasonable losses, including attorney fees and costs, to the extent caused by any negligent or wrongful acts, errors or omissions of Consultant or its subcontractors in the performance of this Agreement. Consultant has no duty to defend City in connection with this indemnification. However, to the extent that City's losses are determined by a court to be caused by Consultant's negligence or willful misconduct, Consultant shall reimburse City for such losses, including reasonable defense costs, proportionate to Consultant's comparative fault as determined by the court. Consultant's liability shall be limited to the amount of Consultant's available insurance coverage. In the event of a legal challenge to any City decision, action or inaction related to Consultant's scope of work, including but not limited to any plan, policy, regulation, CEQA document, development project, technical study, or administrative decision, the City shall indemnify, defend and hold Consultant harmless from all claims related to such challenge. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be 7of10 insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 8of10 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party its reasonable attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 9of10 CITY OF SEAL BEACH CONSULTANT By: Attes By: By: Name:J Do as, AICP Its: Principal By: Name: Approved as to Form: Its: By: t- CMa@ A. Steele, City Attorney 10 of 10 City of Seal Beach Proposal for Planning Services Scope of Work We will provide the following assistance to City staff upon request. Other related tasks can also be provided if desired. • Housing Monitoring and Annual Reports. State law requires monitoring of Housing Element program implementation and housing production, with submittal of annual reports to HCD required by April 1 of each year. In 2019 HCD adopted expanded reporting requirements. We will assist City staff in preparing annual reports each year from 2019 through 2021 for activities during calendar years 2018 through 2020 (3 reports). • No Net Loss Analysis and Findings. Recent changes to State law require specific findings when residential developments are approved on sites listed in the Housing Element inventory. We will assist City staff in preparing appropriate No Net Loss findings as necessary. Growth Forecast Update. SCAG and the Center for Demographic Research (CDR) are currently updating the regional growth forecast that will be the basis for the 2045 Regional Transportation Plan /Sustainable Communities Strategy (RTP /SCS). We will help coordinate with City staff, CDR and SCAG to ensure that the growth forecast reflects anticipated growth trends in Seal Beach. • 6th Cycle RHNA. In conjunction with the RTP /SCS, SCAG is preparing the 6th cycle Regional Housing Needs Assessment (RHNA). The RHNA will be based on the RTP /SCS growth forecast and will determine the amount of new housing cities must accommodate through appropriate zoning during the 2022 -2029 period. The RHNA is a critical component of the 6th cycle Housing Element update that is due by October 2021. As part of this task we will monitor the RHNA process and work with City staff and SCAG to help ensure that the RHNA allocation is reasonable based upon land use patterns and anticipated growth. The budget assumes that no formal request for revision or appeals to SCAG will be necessary. • Meeting Attendance. The budget assumes that communications can be accomplished by email and telephone. If necessary, in- person attendance at meetings or presentations can be provided on a time - and - materials basis. Schedule We are prepared to commence work immediately upon authorization to proceed. Specific timelines for individual tasks will be prepared in consultation with City staff to ensure that the City's objectives are met. Budget We propose a budget not to exceed $7,500 with work billed on a time - and - materials basis at $150 /hour. We do not charge for travel. Other reimbursable expenses are billed at actual cost with no markup. JHD PLANNING LLC February 25, 2019 ACS ® DATE (MM /DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE /04/2019 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 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 IPRODUCER CONiAOT Karen Bronson CorRisk Solutions r 180 N Stetson Ave Suite 4500.�.E„ 312- 637 - 8755.,E „, Chicago, IL 60601 �a,'ESS kbronson @corrisksolutions.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: New Hampshire Insurance Company 23841 INSURED INSURER B: JHD Planning, LLC INSURER C: PO Box 474 Shaver Lake, CA 93664 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSK LTR TYPE OF INSURANCE AUU'L INSRD 5UBR WVD POLICY NUMBER POLICY EFF (MWDDfYYYY) POLICY EXP IMM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurance) MED EXP (Any one person) DOES NOT APPLY PERSONAL & AND INJURY GENERAL AGGREGATE PRODUCTS - COMP /OP AGG GEN'L AGGREGATE LIMIT APPLIES PER. POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per Person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS DOES NOT APPLY BODILY INJURY (Per accident) pmupE l I Y uAMAuL (per HIRED AUTOS NON -OWNED A I ITns UMBRELLA LIAB OCCUR EACH OCCURANCE AGGREGATE EXCESS LIAB CLAIMS MADE DOES NOT APPLY DED RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY "' STATU- TORY LIMITS OTHER E.L. EACH ACCIDENT ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y/N (Mandatory in NH) ❑ N/A DOES NOT APPLY t.L. UIStSAt - to EMPLOYEE It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT A Professional Liability 064989916- 03 09/01/18 09/01/19 Per Oc1Renc $1,000,000 Annual Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) Planning and housing services CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Seal Beach THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Steven Fowler, Planning Department 211 8th Street AUTHORIZED REPRESENTATIVE Seal Beach, CA 90740 �G^ ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD % %—FA L..� CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/Yl(YY) 04,04,2019 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 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 u,h ndorsement(s), PRODUCER "OT Karen Bronson CorRisk Solutions 180 N Stetson Ave Suite 4500 Chicago, IL 60601 P E rnx WC, W, E.Q. 312- 637 -8755 (,pq W. EIM E sS kbronson @corrisksolutions.com INSURER(S) AFFORDING COVERAGE NAIC III INSURER A: New Hampshire Insurance Company 23841 INSURED INSURER B: JHD Planning, LLC PO Box 474 INSURER C: INSURER D: Shaver Lake, CA 93664 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 LTR TYPE OF INSURANCE ADD'L INSRD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP IMMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY DAMAGES ( RENTED PREMISES IEa occurance) CLAIMS MADE F—I OCCUR MED EXP (Any one person) DOES NOT APPLY PERSONAL & AND INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG GENT AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per Person) ANY AUTO BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED Al ITnc DOES NOT APPLY aPenRTY DAMAGE (Per UMBRELLA LIAB OCCUR EACH OCCURANCE AGGREGATE EXCESS LIAB CLAIMS MADE DOES NOT APPLY DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTHER E.L. EACH ACCIDENT _ ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICE /MEMBER EXCLUDED? Y/N (Mandatory in NH) ❑ N/A DOES NOT APPLY - to t.L. EMPLOYEE EMP LOYEE E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability 1 r 064989916- 1 03 09/01/18 09/01/19 Per Occurrence: $1,000,000 Annual Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) Planning and housing services CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Seal Beach THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Steven Fowler, Planning Department AUTHORIZED REPRESENTATIVE 211 8th Street Seal Beach, CA 90740 LG ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD ACOR 7 0 �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 4/5/2019 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 Risk Strategies Company CONTACT NAME: Risk Strategies Company PHONE 949- 242 -9240 a No 2040 Main Street, Suite 450 Irvine, CA 92614 E-MAIL ADDRESS: S oun risk- strate ies.com INSURERS AFFORDING COVERAGE NAIC M `/ INSURER A: Massachusetts Bay Insurance Company 22306 www.dsk- strategies.com CA DOI License No. OF06675 INSURED JHD Planning, LLC J. H. Douglas & Associates P.O. BOX 474 INSURER B: INSURER C: 1 INSURER D : Shaver Lake CA 93664 INSURER E: INSURER F: $$1,000,000 COVERAGES CERTIFICATE NUMBER: 48014065 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD EXP LIMITS A �/ COMMERCIAL GENERAL LIABILITY �/ `/ OD3D353851 9/1/2018 9/1/2019 EACH OCCURRENCE $ 1000000 CLAIMS -MADE OCCUR DAMAGE TO RNTED PREMISES PREMISES occu ence $$1,000,000 MED EXP (Any one person) $$10,000 PERSONAL & ADV INJURY $$1,000,000 AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $$2,000,000 GEN'L POLICY W] JE T [::] LOC PRODUCTS - COMP /OP AGG $$2,000,000 $ OTHER: AUTOMOBILE LIABILITY OD3D353851 9/1/2018 9/1/2019 EOaaccidentSINGLELIMIT $$1000000 BODILY INJURY (Per person) $ ANY AUTO A ✓ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON AUTOS ONLY IV AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Planning and Housing Services. City of Seal Beach and its elected and appointed officials, officers, employees, agents and volunteers are named as additional insureds and primary/non- contributory clause and a waiver of subrogation applies to the general liability policy -see attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Seal Beach y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Steven Fowler, Planning Dept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 211 8th St. THE POLICY PROVISIONS. Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE Michael Christian ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 48014065 1 18 -19 GL -HNOA I Sherry Young 1 4/5/2019 7:32:58 AM (PDT) I Page 1 of 3 Architects and Engineers The following policy language is from Businessowners General Liability Coverage Part NAMED INSURED:JHD Planning, LLC POLICY NUMBER:OD3D353851 J. H. Douglas & Associates The following are mandatory forms on the policy identified on the Certificate of Insurance: 391 -1586 (08 -16) BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT Additional Insured by Contract, Agreement or Permit A. Section II — Liability, C — Who is an insured is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit but only 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, but only with respect to: (i) "Your work" for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "property damage" included in the "products - completed operations hazard" only if this Coverage Part provides such coverage; (ii) Premises you own, rent, lease, or occupy; or (iii) Your maintenance, operation or use of equipment leased to you. "Definition: "Your work" a. Means: (1) Work or operations performed by you or on behalf; and (2) materials, parts or equipment furnished in connection with such work or operations; b. Includes (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work "; and (2) the providing of or failure to provide warnings or instructions. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily Injury", "property damage ", "personal injury" or "advertising injury". (2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part. (3) To any lessor of equipment (a) After the equipment lease expires; or (b) If the "bodily Injury", "property damage ", "personal injury" or "advertising Injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for the land expires; or (b) Managers or lessors of premises if- (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage ", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. Other Insurance Primary & Non - Contributory The following paragraph is added to SECTION III — COMMON POLICY CONDITIONS, H — Other Insurance: Additional Insured — Primary and Non - Contributory. If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II — Liability, C. Who is an Insured is primary and non - contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under SECTION If — LIABILITY of this Coverage Part, our obligations are limited as follows: (1) Primary Insurance: This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. (2) Excess Insurance: (a) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (11) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail. 48014065 1 18 -19 GL -HNOA I Sherry Young 1 4/5/3019 7:32:58 AM (PDT) I Page 2 of 3 (iii) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for .'property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II - LIABILITY. B. Exclusions, 1. Applicable to Business Liability Coverage. (v) That is insurance available to you for your participation in any past or present "unnamed joint venture ". (vi) That is any insurance you may have that provides coverage for your professional services. (b) 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. (c) 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: (i) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (ii) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part. (3) Method Of Sharing If all of 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. Per Project Aggregate The following changes are made to SECTION 11 - LIABILITY: 1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4: The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations. 2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Your project" means: a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations. 2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or "suit" is brought. Waiver Of Subrogation The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization where required by written contract. Notice Of Cancellation For any statutorily permitted reason other than non - payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 90 Days. f AUTHORIZED REPRESENTATIVE *From Hanover Forms: 391 -1003 (08116); 391 -1445 (08116); 391 -1586 (08116), 391 -1003 (08116) No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail. 48014065 1 18 -19 GL -HNOA I Sherry Young 1 4/5/2019 7:32:58 AM (PDT) I Page 3 of 3