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AGMT - Hodge & Associates and Amendment 1 and 2 (Environmental Consulting Services)
PROFESSIONAL SERVICES AGREEMENT Amendment No. 2 for Environmental Consulting Services Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 N10 Hodge & Associates Environmental and Land Use Planning 3987 Missouri Flat Road, Suite 340, PMB 23T, Placerville, CA 95667 This Amendment No. 2, dated June 26, 2023, amends that certain agreement (Agreement) made as of January 18, 2022 and amended as of January 9, 2023 by and between the City of Seal Beach (City), a California charter city, and Hodge & Associates (Consultant). RECITALS A. City and Consultant are .parties to the Agreement, pursuant to which Consultant provides environmental consulting services related to a development project application. B. City and Consultant wish to amend the Agreement for Consultant to extend services through December 31, 2023. AMENDMENT NO. 2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 2.0 (Term) of the Agreement is hereby amended to read as follows: The term of this Agreement shall commence January 18, 2022 and shall remain in full force and effect until December 31, 2023, unless sooner terminated as provided in Section 5.0 of this Agreement. Section 2. All references to the term "Agreement" throughout Sections 1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 2, dated June 26, 2023, as if all of those terms are fully set forth therein. Section 3. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. Section 4. The person executing this Amendment No. 2 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 2 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 2 of 3 CITY OF SEAL BEACH AM Attest: 0 Approved as to Form: By: Nicholas Ghirelli, City Attorney CONSULTANT: Hodge and Associates By: Gl�a�Oc ame:William E. Hodge r41L Its: 3 of 3 Owner/Principal THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 Alexa Smittle City of Seal Beach Community Development Department 211 8TH ST SEAL BEACH CA 90740-6305 Account Information: Policy Holder Details : BILL HODGE DBA HODGE & ASSOCIATES July 12, 2023 0 Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 CERTIFICATE OF LIABILITY INSURANCF DATE(MM/DD/YYY1� M -- - -I Ville -le -U-0 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 SUBROGATIONIS 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 ALKEME INSURANCE SERVICES INC CONTACT NAME: 72180031 111 CORPORATE DRIVE SUITE 200 PHONE (310) 463-1296 (AIC, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: LADERA RANCH CA 92694 INSURER(S) AFFORDING COVERAGE NAICN POLICY EXP INSURERA: Sentinel Insurance Company Ltd. 11000 INSURED INSURER B : BILL HODGE DBA HODGE & ASSOCIATES 5061 RESERVATION RD INSURER C : INSURER D: PLACERVILLE CA 95667 INSURER E: INSURER F; 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. INSH LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP INSR WVD MM/DD MM/DD/Y LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRCE $2,000,000 CLAIMS -MADE �OCCUR DAMAGETORENTENED X General Liability PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 A X 72 SBA IT0951 03/06/2023 03/06/2024 I PERSONAL &ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY PRO- a LOC JECT PRODUCTS -COMP/OPAGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS AUTOS HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS - AGGREGATE MADE DED RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER ANY YIN PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? W A E.L. DISEASE -EA EMPLOYEE (Mandatory In NH) E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OFOPERA77ONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mon: space is required) Those usual to the Insured's Operations. Alexa Smittle, City of Seal Beach and Community Development Department are an additional insured per the Business Liability Coverage Form SS0008, attached to this policy. a��.�nrl�ov.a. Ll�nuc .�a.�r.Iti��arri.� Alexa Smittle SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Seal Beach BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Community Development Department IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8TH ST AUTHORIZED REPRESENTATIVE SEAL BEACH CA 90740-6305 ACORD 25 (2016/03) IJ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDIYYYY) I TYPE OF INSURANCE 1/27/2023 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(les) 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 (HD) Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek CA 94596 CONTACT NAME: Heffernan Insurance Brokers PHONE FAX, f , N9. Ext): 925-934-8500 No): 925-934-8278 ADDRESS: HIB24-7 heffins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Continental Casualty Company 20443 License#: 0564249 INSURED HODG&AS-01 Hodge & Associates INSURER B : INSURERC: 3208 Murchison Way Carmichael CA 95608 INSURER D: INSURER E : INSURER F: - ----� �•�VI� I�YI•I�GR. 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 I TYPE OF INSURANCE ADDL SUBR WVDPOLICYNUMBER POLICY EFF MM/DD I POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY J CLAIMS -MADE FlOCCUR EACH OCCURRENCE S DAMAGE TORENTED PREMISES Ea occurrence S MED EXP (Any one person) S PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT F—] LOC GENERAL AGGREGATE S PRODUCTS -COMP/OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANYAUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident S $ UMBRELLA LIAB L] OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE $ I DED I I RETENTIONS s WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY �, / N ANYPROPRI ETOR/PARTN ER/EXEC UTIV E OFFICERIMEMBEREXCLUDED7 NIA OTH- STATUTE ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability EEH591862057 8/22/2022 8/22/2025 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 l• ANLICLLAI IUr14 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD State Farm Mutual Automobile Insurance Company PO Box 2358 Bloomington IL 61702-2358 AT2 A-3893 HODGE, CHERYLE & HODGE, WILLIAM H 8176 GREENBACK LN # 96 FAIR OAKS CA 95628-2534 Policy Number: 595 6996-E02-55 Policy Period: November 2, 2022 to May 2, 2023 Vehicle: 2017 TOYOTA CAMRY Principal Driver: CHERYLE HODGE A When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund Policy Number: 595 6996-E02-55 Prepared September 9, 2022 1004583 0SirateMrm° PREMIUM PAID: $639.16 DO NOT PAY. Your premium is billed through the State Farm Payment Plan State Farm Payment Plan Number: 1243818312 Your State Farm Agent LISA KEITH Office: 619-694-4788 Address: 2305 HSTORC DECATUR RD STE 100 SAN DIEGO, CA 92106-6071 If you have a new ordifferent car, have added any ddver4 orhave moved, please contact your agent. Thank you for choosing State Farm. transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Save up to 25% off on auto care As a valued State Farm° customer, now it's simple to find great mechanic shops in your neighborhood and enjoy exclusive savings from Openbay of up to 25%. rlak 0- 0- 0— Compare estimates Choose local shops b Schedule appointments Page number 1 of 5 143562 202 01-15-2018 TP -0 B 00 Or�.. Scan to sign up and start saving. Learn more at Openbay.com .: StateFam° VEHICLE INFORMATION Review your policy information carefully. If anything is incorrect, or if there are any changes to your vehicle information, please let us know right away. Vehicle Identification Vehicle Description Number (VIN) Who principally drives this vehicle? How is this vehicle normally used? 2017 TOYOTA CAMRY 4T1 BF1 FK1 HU351439 CHERYLE HODGE, a married individual, To Work, School or Pleasure. who will have 42 years of driving experience as of November 02, 2022. Other Household Vehicle(s) Your premium may be influenced by other State Farm policies that currently insure the following vehicle(s) in your household: 2003 HONDA ACCORD 1993 VOLVO 240 The premium on the expiring policy term was based on 20,000 miles per year. The premium on the renewal policy term was based on 20,000 miles per year. The premium for this renewal was determined using an annual mileage this vehicle is expected to be driven that was developed from information we obtained or was provided by you. The national average is more than 12,000 miles driven annually according to the U.S. Department of Transportation. Please contact us if you expect your annual mileage to change over the next year. DRIVER INFORMATION Assigned Driver(s) The following driver(s) are assigned to the vehicle(s) on this policy. Premium Adjustment Each year, we review our medical payments and personal injury protection coverages claim experience to determine the vehicle safety discount that is applied to each make and model. In addition, we review the comprehensive, collision, bodily injury and property damage claim experience annually to determine which makes and models have earned decreases or increases from State Farm's standard rates. If any changes result from our reviews, adjustments are reflected in the rates shown on this renewal notice. Driving Experience as of Marital Name November 02, 2022 Status CHERYLE HODGE 42 years Married Other Household Driver(s) In addition to the Principal Driver(s) and Assigned Driver(s), your premium may be influenced by the drivers shown below and other individuals permitted to drive your vehicle. This list does not extend or expand coverage beyond that contained in this automobile policy. The drivers listed below are the drivers reported to us that most frequently drive other vehicles in your household. ALLYSON HODGE WILLIAM HODGE WILLIAM H HODGE Policy Number: 595 6996-E02-55 Page number 2 of 5 Prepared September 9, 2022 Principal Driver & Assigned Drivers For each automobile, the Principal Driver is the individual who most frequently drives it. Each driver is designated as an Assigned Driver on the household automobile that he or she most frequently drives. StateFarm Your premium may be influenced by the information shown for these drivers. COVERAGE AND LIMITS See your policy for an explanation of these coverages A Liability Bodily Injury 250,000/500,000 Property Damage 100,000 $292.58 D 500 Deductible Comprehensive $32.90 G 500 Deductible Collision $174.18 H Emergency Road Service $7.26 R1 Car Rental & Travel Expense $50 Per Day, $1,200 Max $34.26 U Uninsured MotorVehicle Bodily Injury 250,000/500,000 $94.40 U1 Uninsured Motor Vehicle The claim experience on your make and model of vehicle has resulted in a reduction to your vehicle rating group for comprehensive coverage. The claim experience on your make and model of vehicle has resulted in a reduction to your vehicle rating group for collision coverage. DISCOUNTS These adjustments have already been applied to your premium. The claim experience on your make and model of vehicle has resulted in a reduction to your liability rating group for bodily injury and/or property damage coverages. If any coverage you carry is changed to give broader protection with no additional premium charge, we will give you the broader protection without issuing a new,policy, starting on the date we adopt the broader protection. Multiple Line ✓ Multicar Driving Safety Record ✓ California Good Driver ✓ TotaCDfscounts $1',851.031 Other Available Discounts) You may be eligible for additional discounts See the enclosed insert for more information. Mature Driver Policy Number: 595 6996-E02-55 Page number 3 of 5 Prepared September 9, 2022 SURCHARGES AND DISCOUNTS Driving Safety Record Rating Plan Your driving safety record, along with other rating factors, determines what you pay for Liability, Medical Payments, Comprehensive, Collision, and Uninsured Motor Vehicle Coverages. Policyholders with no accidents and convictions pay less than those with accidents and convictions. The Driving Safety Record Rate Level that is assigned to your policy moves up, down, or stays the same every policy renewal, depending upon your driving record. For every 12 months since the renewal following the occurrence of a chargeable accident or the conviction of a minor violation, the initial assigned Driver Record Level for that chargeable accident or conviction shall be lowered by 1 level. For each 12 month period since the conviction of a major violation, the initial assigned Driver Record Level for that conviction shall be lowered by 2 levels. The Rate Level is increased if there are subsequent chargeable accidents or convictions. Definition of Chargeable Accidents Chargeable accidents for new business are those which resulted in bodily injury or death or in payment(s) by an insurer due to damage to any property in the amount of ADDITIONAL INFORMATION IMPORTANT NOTICE For your protection California law requires the following to appear with this policy: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. StateFarme more than $1000. For accidents occurring prior to December 11, 2011, an accident shall be chargeable provided it resulted in death or in payment(s) by an insurer due to damage to any property in the amount of more than $750. For applicants without prior insurance at the time of the accident, an accident shall be chargeable provided it resulted in damage to any property in the amount of more than $1000 (more than $750 if the accident occurred prior to December 11, 2011). Chargeable accidents for renewal business are those which resulted in bodily injury or death or State Farm claim payments totaling more than $1000 (more than $750 for accidents occurring prior to December 11, 2011) under property damage liability coverage and collision coverage combined. For more information about the rating plan, please contact your State Farm agent. Superior Driver Rate Level If any information on this renewal notice is incomplete or inaccurate, or if you want to confirm the information we have in our records, please contact your agent. For additional information regarding discounts or coverages, see your State Farm agent or visit statefarm.com®. Important Notice Regarding Your Premium State Farm works hard to offer you the best combination of price, service, and protection. The amount you pay for automobile insurance is determined by many factors including: • The coverage you have • Where you live • The kind of car you drive • How the car is used • Who drives the car Any premium adjustment is reflected on this Auto Renewal. If you have any questions, please contact your agent. Buying a new car? Remember to contact your agent! When you buy an additional car or one that replaces a car already on your policy, you need to report the change to your agent promptly. Even though the dealership you purchased the car from may offer to notify your agent or insurance company, you, as the named insured, are responsible for reporting all changes to your auto policy. By contacting your agent, you can help: • avoid any complications or lack of coverage in the event of an accident or loss, • avoid insurance verification problems with a lienholder, the police, or the department of motor vehicles, and (continued on next page) Policy Number: 595 6996-E02-55 Page number 4 of 5 Prepared September 9, 2022 • : StateFarw • ensure that you receive any new discounts you may be entitled to. Your current State Farm policy automatically provides certain coverages for a new or replacement car for up to a specified, limited number of days after you take possession of the car. Please refer to your policy for the number of days that applies in your state. If you have any questions about coverage for a newly acquired car, please contact your State Farm agent. Disclaimer. • This message is provided for informational purposes only and does not grant any insurance coverage. The terms and conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any applicable endorsements. Policy Number: 595 6996-E02-55 Page number 5 of 5 Prepared September 9, 2022 WORKERS COMPENSATION DECLARATION FOR THE CITY OF SEAL BEACH CONTRACTOR/CONSULTANT: Hodge and Associates PROJECT/AGREEMENT: Environmental Consulting Services You are required to complete this form because you have not filed a certificate of workers' compensation insurance with the City of Seal Beach ("City"). California law requires all employers to carry workers' compensation insurance, even if they have only one employee. If you are the sole owner and you have no employees, or if your business is an out-of-state corporation with no employees working in California, you may not be required to carry workers' compensation insurance. It is your responsibility to comply with the law. If you do not know whether you are required to cant' workers' compensation insurance, find out by contacting the California Department of Industrial Relations ("DIR"). Information is also available on the DIR's website at http://www.dir.ca.gov. If you are subject to the Workers' Compensation Laws of California, you must promptly file a certificate of Workers' Compensation Insurance with the City. Alternatively, if you have a certificate of self-insurance from the DIR, you must file that certificate with the City. When completing this form, remember that the term "employee" includes clerical persons as well as any other persons employed by your company including drivers. ACKNOWLEDGEMENT I, William E. Hodge hereby certify that in the performance of an agreement with the City of Seal Beach, Hodge and Associates shall not employ any person in any manner so as to become subject to the Worker's Compensation laws of the State of California. I agree and declare that if Hodge and Associates should become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code during the time of the agreement, that Hodge and Associates shall forthwith comply with those provisions immediately and provide updated insurance certificate to the City. I understand and agree that failure to secure Workers Compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000) in addition to the cost of compensation, damages as provided for in section 3706 of the Labor Code, and attorney's fees. I further declare that under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day25 of the month of JuIt' , 2023 in the city of SZGI I 15�/A alifomia, by: Print Name: O I l I ROW Title: U YY 16 ftod �SSOG'q Signature: U(Inawr# from dawry Io, 20 Entity Address: WORKERS COMPENSATION DECLARATION FOR THE CITY OF SEAL BEACH CONTRACTORICONSULTANT: Hodge and Associates PROJECTIAGREEMENT: Environmental Consulting Services You are required to complete this form because you have not filed a certificate of workers' compensation insurance with the City of Seal Beach ("City"). California law requires all employers to carry workers' compensation insurance, even if they have only one employee. If you are the sole owner and you have no employees, or if your business is an out-of-state corporation with no employees working in California, you may not be required to cavy workers' compensation insurance. It is your responsibility to comply with the law. If you do not know whether you are required to cant' workers' compensation insurance, find out by contacting the California Department of Industrial Relations (" DIR" ). Information is also available on the DIR's website at If you are subject to the Workers' Compensation Laws of California, you must promptly file a certificate of Workers' Compensation Insurance with the City. Alternatively, if you have a certificate of self-insurance from the DIR, you must file that certificate with the City. When completing this form, remember that the term "employee" includes clerical persons as well as any other persons employed by your company including drivers. ACKNOWLEDGEMENT I, William E. Hodge hereby certify that in the performance of an agreement with the City of Seal Beach, Hodge and Associates shall not employ any person in any manner so as to become subject to the Worker's Compensation laws of the State of California. I agree and declare that if. Hodge and Associates should become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code during the time of the agreement, that Hodge and Associates shall forthwith comply with those provisions immediately and provide updated insurance certificate to the City. I understand and agree that failure to secure Workers Compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000) in addition to the cost of compensation, damages as provided for in section 3706 of the Labor Code, and attorney's fees. I further declare that under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day l 0 of the month of J , 2023 in the cityof ?r1w 1J r Califomia, by: Print Name: 4%) Z L +, rm J -&D 'DIF—Title: P (U 1 AS T Signature: Entity Address: Y©& 1 5�1�� 15-7p 47 0 0 PROFESSIONAL SERVICES AGREEMENT Amendment No. 1 for Environmental Consulting Services Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Hodge & Associates Environmental and Land Use Planning 3987 Missouri Flat Road, Suite 340, PMB 237 Placerville, CA 95667 This Amendment No. 1, dated January 9, 2023, amends that certain agreement (Agreement) made as of January 18, 2022 by and between the City of Seal Beach (City), a California charter city, and Hodge & Associates (Consultant). 0 0 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides environmental consulting services related to a development project application. B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through the end of fiscal year 2022-2023. AMENDMENT NO: 1: NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 2.0 (Term) of the Agreement is hereby amended to read as follows: The term of this Agreement shall commence January 18, 2022 and shall remain in full force and effect until June 30, 2023, unless sooner terminated as provided in Section 5.0 of this Agreement. Section 2. All references to the term "Agreement" throughout Sections 1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated January 9, 2023, as if all of those terms are fully set forth therein. Section 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. Section 4. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment NO. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 2of3 M CITY OF SEAL BEACH By: Ji . Ingram, City Manag W CONSULTANT: Hodge and Associates By: Gf%a.anL C. Name:William E. Hodge Approved a to r By:d 6T1519' A. Steele, City Attorney Owner/Principal THE HARTFORD BUSINESS SERVICE CENTER THEW 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Seal Beach, CA Art Bashmakian AICP, Interim Sr Planner 211 8TH ST SEAL BEACH CA 90740 Account Information: Policy Holder Details : BILL HODGE DBA HODGE & ASSOCIATES February 5, 2022 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 713M Central Standard Time) Phone: (866) 467-8730 Fax: (888) 443-6112 Email: agency.services(cD-thehartford.com Website: https:Hbusiness.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO06 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/05/2022 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 SUBROGATIONIS 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 NAME: ALKEME INSURANCE SERVICES INC 72180031 111 CORPORATE DRIVE SUITE 200 LADERA RANCH CA 92694 POLICY EXP PHONE (310) 463-1296 (A(C, No, Ext)' FAX (888) 817-4450 (AIC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICN INSURERA: Sentinel Insurance Company Ltd. 11000 INSURED INSURER B: BILL HODGE DBA HODGE &ASSOCIATES INSURER C: 3208 MURCHISON WAY INSURER D: CARMICHAEL CA 95608-3141 INSURER E: DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence 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 ADDL INSR SUBR Vn POLICY NUMBER POLICY EFF IMMIDD(MIVVDDfYYYYI POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 X General Liability A 72 SBA IT0951 03/06/2022 03/06/2023 IX PERSONAL &ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY❑ PRO- LOC FX PRODUCTS - COMP/OP AGG $4,000,000 JECT OTHER: AUTOMOBILE LIABILITY SINGLE LIMIT (Ea Ea accident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE HIRED NON -OWNED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS - MADE DED I RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT ANY YIN PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Seal Beach, CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Art Bashmakian AICP, Interim Sr Planner BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 211 8TH ST IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SEAL BEACH CA 90740 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD N O VN NM F� to o Po Box 853907 Richardson, 7X 75085-3907 Named Insured AT2 A-12-3893-FB86 000333 .0046. - HODGE, CHERYLE & WILLIAM 5061 RESERVATION RD PLACERVILLE CA 95667-9767 Il�lrr�llllllrrl�llrnllln,llllnlll►Igl�lrlll�lll�l��Ilrlllhl PERSONAL LIABILITY UMBRELLA POLICY L F Policy er 55-E7-13207-1 Policy Period Effective Date Expiration Date 12 Months MAY 2 2022 MAY 2 2023 The policy period begins and ends at 12:01 am standard lime at the named insured's address. Automatic Renewal - If the policy period is shown as 12 months , this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is. terminated, we will give you written notice in compliance with the policy provisions or as required by law. Coverage(s) Limit of Liability Coverage L - Personal. Liability $ 1,000 000 Self -Insured Retention None Required Underlying Insurance (Terms in bold in this section are defined in the policy) Minimum Underlying Limits Type of Policy Combined Limits (Bodily Injury and Property Damage) or Automobile Liability $ 500,000 Bodily Injury - Property Damage - Recreational Motor Vehicle Liability $ 500,000 Bodily Injury - Including Passenger Bodily Injury Property Damage - Personal Residential Liability $ 100,000 Watercraft Liability $ 100,000 Forms & Endorsements Personal Liability Umbrella Amendatory, Endorsement Fuel Oil Exclusion FP -7045.1 C 0783 152 1 51 N 1S,1Y FP -7950.2 FE -5835.2 FE -5837 Policy Premium Other limits and exclusions may apply refer to your policy Prepared JUN 13 2022 LISA KEITH_ 619-694-4788 Split Limits 250,000 Per Person 500,000 Per Accident 100,000 Per Accident 250,000 Per Person 500,000 Per Accident 100,000 Per Accident $ 280.00 555.70201.1 05-08-2006 (ol=grb) 0 State Farm Mutual Automobile Insurance Company PO Box 2358 Bloomington IL 61702-2358 AT2 A-3893 A HODGE, CHERYLE & HODGE, WILLIAM H 8176 GREENBACK LN # 96 FAIR OAKS CA 95628-2534 Policy Number: 595 6996-E02-55 Policy Period: November 2, 2022 to May 2, 2023 Vehicle: 2017 TOYOTA CAMRY Principal Driver: CHERYLE HODGE When you provide a check as payment, you authorize us either to use information from your check to make a, one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund Policy Number: 595 6996-E02-55 Prepared September 9, 2022 1004583 SfdfeFarm° AUTO RENEWAL PREMIUM PAID: $639.16 DO NOT PAY. Your premium is billed through the State Farm Payment Plan State Farm Payment Plan Number: 1243818312 Your State Farm Agent LISA KEITH Office: 619-694-4788 Address: 2305 HSTORC DECATUR RD STE 100 SAN DIEGO, CA 92106-6071 Ifyouhave a neworddferent car,, have added anydnvers, orhave moved, please contact your agent Thank you for choosing State Farm. transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Save up to 25% off on auto care As a valued State Farm° customer, now it's simple to find great mechanic shops in your neighborhood and enjoy exclusive savings from Openbay of up to 25%. 711 o— O Compare estimates Choose local shops Schedule appointments Page number 1 of 5 143562 202 01-15-2018 TP -0 B Scan to sign up and start saving. Learn more at Openbay.com O 0 VEHICLE INFORMATION :. StateFarm° Review your policy information carefully. If anything is incorrect, or if there are any changes to your vehicle information, please let us know right away. Vehicle Identification Vehicle Description Number (VIN) Who principally drives this vehicle? How is this vehicle normally used? 2017 TOYOTA CAMRY 4T1BFlFK1HU351439 CHERYLE HODGE, a married individual, To Work, School or Pleasure. who will have 42 years of driving experience as of November 02, 2022. Other Household Vehicle(s) Your premium may be influenced by other State Farm policies that currently insure the following vehicle(s) in your household: 2003 HONDA ACCORD 1993 VOLVO 240 The premium on the expiring policy term was based on 20,000 miles per year. The premium on the renewal policy term was based on 20,000 miles per year. The premium for this renewal was determined using an annual mileage this vehicle is expected to be driven that was developed from information we obtained or was provided by you. The national average is more than 12,000 miles driven annually according to the U.S. Department of Transportation. Please contact us if you expect your annual mileage to change over the next year. DRIVER INFORMATION Assigned Driver(s) The following driver(s) are assigned to the vehicle(s) on this policy. Premium Adjustment Each year, we review our medical payments and personal injury protection coverages claim experience to determine the vehicle safety discount that is applied to each make and model. In addition, we review the comprehensive, collision, bodily injury and property damage claim experience annually to determine which makes and models have earned decreases or increases from State Farm's standard rates. If any changes result from our reviews, adjustments are reflected in the rates shown on this renewal notice. Driving Experience as of Marital Name November 02, 2022 Status CHERYLE HODGE 42 years Married Other Household Driver(s) In addition to the Principal Driver(s) and Assigned Driver(s), your premium may be influenced by the drivers shown below and other individuals permitted to drive your vehicle. This list does not extend or expand coverage beyond that contained in this automobile policy. The drivers listed below are the drivers reported to us that most frequently drive other vehicles in your household. ALLYSON HODGE WILLIAM HODGE WILLIAM H HODGE Policy Number: 595 6996-E02-55 Page number 2 of 5 Prepared September 9, 2022 K Principal Driver & Assigned Drivers For each automobile, the Principal Driver is the individual who most frequently drives it. Each driver is designated as an Assigned Driver on the household automobile that he or she most frequently drives. E9 • StateFarme Your premium may be influenced by the information shown for these drivers. COVERAGE AND LIMITS See your policy for an explanation of these coverages. A Liability Bodily Injury 250,0001500,000 Property Damage 100,000 $292.58 D 500 Deductible Comprehensive $32.90 G 500 Deductible Collision $174.18 H Emergency Road Service $7.26 R1 Car Rental i£ Travel Expense $50 Per Day, $1,200 Max $34.26 U Uninsured Motor Vehicle Bodily Injury 250,0001500,000 $94.40 U1 Uninsured Motor Vehicle The claim experience on your make and model of vehicle has resulted in a reduction to your vehicle rating group for comprehensive coverage. The claim experience on your make and model of vehicle has resulted in a reduction to your vehicle rating group for collision coverage. DISCOUNTS These adjustments have already been applied to your premium. Multiple Line Multicar The claim experience on your make and model of vehicle has resulted in a reduction to your liability rating group for bodily injury and/or property damage coverages. If any coverage you carry is changed to give broader protection with no additional premium charge, we will give you the broader protection without issuing a new policy, starting on the date we adopt the broader protection. Driving Safety Record California Good Driver 'total Discounts $1,85t.03� Other Available Discount(s) You may be eligible for additional discounts See the enclosed insert for more information. Mature Driver Policy Number: 595 6996-E02-55 Page number 3 of 5 Prepared September 9, 2022 o SURCHARGES AND DISCOUNTS Driving Safety Record Rating Plan Your driving safety record, along with other rating factors, determines what you pay for Liability, Medical Payments, Comprehensive, Collision, and Uninsured Motor Vehicle Coverages. Policyholders with no accidents and convictions pay less than those with accidents and convictions. The Driving Safety Record Rate Level that is assigned to your policy moves up, down, or stays the same every policy renewal, depending upon your driving record. For every 12 months since the renewal following the occurrence of a chargeable accident or the conviction of a minor violation, the initial assigned Driver Record Level for that chargeable accident or conviction shall be lowered by 1 level. For each 12 month period since the conviction of a major violation, the initial assigned Driver Record Level for that conviction shall be lowered by 2 levels. The Rate Level is increased if there are subsequent chargeable accidents or convictions. Definition of Chargeable Accidents Chargeable accidents for new business are those which resulted in bodily injury or death or in payment(s) by an insurer due to damage to any property in the amount of ADDITIONAL INFORMATION IMPORTANT NOTICE For your protection California law requires the following to appear with this policy: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. :. StateFarme more than $1000. For accidents occurring prior to December 11, 2011, an accident shall be chargeable provided it resulted in death or in payment(s) by an rinsurer due to damage to any property in the amount of more than $750. For applicants without prior insurance at the time of the accident, an accident shall be chargeable provided it resulted in damage to any property in the amount of more than $1000 (more than $750 if the accident occurred prior to December 11, 2011). Chargeable accidents for renewal business are those which resulted in bodily injury or death or State Farm claim payments totaling more than $1000 (more than $750 for accidents occurring prior to December 11, 2011) under property damage liability coverage and collision coverage combined. For more information about the rating plan, please contact your State Farm agent. Superior Driver Rate Level If any information on this renewal notice is incomplete or inaccurate, or if you want to confirm the information we have in our records, please contact your agent. For additional information regarding discounts or coverages, see your State Farm agent or visit statefarm.com®. Important Notice Regarding Your Premium State Farm works hard to offer you the best combination of price, service, and protection. The amount you pay for automobile insurance is determined by many factors including: • The coverage you have • Where you live • The kind of car you drive • How the car is used • Who drives the car Any premium adjustment is reflected on this Auto Renewal. If you have any questions, please contact your agent. Buying a new car? Remember to contact your agent! When you buy an additional car or one that replaces a car already on your policy, you need to report the change to your agent promptly. Even though the dealership you purchased the car from may offer to notify your agent or insurance company, you, as the named insured, are responsible for reporting all changes to your auto policy. By contacting your agent, you can help: • avoid any complications or lack of coverage in the event of an accident or loss, • avoid insurance verification problems with a lienholder, the police, or the department of motor vehicles, and (continued on next page) Policy Number: 595 6996-E02-55 Page number 4 of 5 Prepared September 9, 2022 A StateFarme ensure that you receive any new discounts you may be entitled to. Your current State Farm policy automatically provides certain coverages for a new or replacement car for up to a specified, limited number of days after you take possession of the car. Please refer to your policy for the number of days that applies in your state. If you have any questions about coverage for a newly acquired car, please contact your State Farm agent. Disclaimer. This message is provided for informational purposes only and does not grant any insurance coverage. The terms and conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any applicable endorsements. Policy Number: 595 6996-E02-55 Page number 5 of 5 Prepared September 9, 2022 �°►`� �® CERTIFICATE OF LIABILITY INSURANCE rATE (MWDDNYYY) 1/27/2023 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(les) 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 (HD) Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek CA 94596 NAME: Heffernan Insurance Brokers PHONE FAX No Ex :925-934-8500 A/c No): 925-934-8278 ADDRESS: HIB24-7 heffins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 License#: 0564249 INSURED HODG&AS-01 INSURER B : Hodge & Associates 3208 Murchison Way INSURERC: GENERAL AGGREGATE $ Carmichael CA 95608 INSURERD: INSURER E : AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY INSURER F: CnVFRAn=A CFRTIFICATF NIIMRFR- 1R9A9Mdn 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 SUBR POLICY NUMBER POLICY EFF FOLIC EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F]OCCUR AUTHORIZED REPRESENTATIVE EACH OCCURRENCE S DAMAGE TO NTE PREMISES Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'JECT LAGGREGATELIMITAPPLIESPER: POLICY 0 PRO LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG S $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accident S UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑N OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below / A STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability EEH591862057 8/22/2022 8/22/2025 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) L`ANCFI 1 ATIn1U W woo_GU 1.7 IA%,%J[NLJ %IWF%F-%A « J lwly. . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE W woo_GU 1.7 IA%,%J[NLJ %IWF%F-%A « J lwly. . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD W WORKERS COMPENSATION DECLARATION FOR THE CITY OF SEAL BEACH CONTRACTORICONSULTANT: Hodae and Associates PROJECTIAGREEMENT: Environmental Consulting Services You are required to complete this form because you have not filed a certificate of workers' compensation insurance with the City of Seal Beach ("City"). California law requires all employers to carry workers' compensation insurance, even if they have only one employee. If you are the sole owner and you have no employees, or if your business is an out-of-state corporation with no employees working in California, you may not be required to cant' workers' compensation insurance. It is your responsibility to comply with the law. If you do not know whether a required to carry workers' compensation insurance, find out by contacting theCalif watrDepartment oflnclustrial Relations ('DIR"). Information is also available on the DIR's web sit at you are subject to the Workers' Compensation Laws of California, you — certificate of Workers' Compensation Insurance with the City. Alternatively, if you have a certificate of self-insurance from the DIR, you must file that certificate with the City. When completing this form, remember that the term "employee" includes clerical persons as well as any other persons employed by your company including drivers. ACKNOWLEDGEMENT I, William E. Hodge hereby certify that in the performance of an agreement with the City of Seal Beach, Hodge and Associates shall not employ any person in any manner so as to become subject to the Worker's Compensation laws of the State of California. I agree and declare that if Hodge and Associates should become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code during the time of the agreement, that Hodge and Associates shall forthwith comply with those provisions immediately and provide updated insurance certificate to the City. I understand and agree that failure to secure Workers Compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000) in addition to the cost of compensation, damages as provided for in section 3706 of the Labor Code, and attorney's fees. I further declare that under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of the month of , 2023 in the city of Pow 1j. tU California, by: Print Name: 4.,1 A&D bjj�.Title: P ftel E 0 Ca T Signature: Entity Address: �1 r �. +� �' +1% �Q >,(a' `.yi L� I g!p 4-7 PROFESSIONAL SERVICES AGREEMENT for Environmental Consulting Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Hodge & Associates Environmental and Land Use Planning 1112 Wendy Big Bear City, CA 92315 P.O. Box 529, Fawnskin, CA 92333. (949) 614-6645 r This Professional Service Agreement (the "Agreement") is made as of January 18, 2022 (the "Effective Date"), by and between Hodge and Associates, ("Consultant"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional environmental consulting services for preparation of an Initial Study and related environmental documents in accordance with the California Environmental Quality Act (CEQA) to evaluate potential environmental effects of a development project located at 1300 Pacific Coast Highway and 328 13th Street, including a proposed amendment to the General Plan Land Use Designation from residential to commercial of a parcel at 328 13th Street, demolition of an existing service station and removal of underground storage tanks, and construction of a new service station and new storage tanks on the subject real property, as described below. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional environmental consulting services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are fully qualified by virtue of their training, experience, and expertise to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. 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 environmental consulting services (collectively "Services") for preparation of an Initial Study and related CEQA documentation as set forth in Consultant's Proposal dated November 4, 2021, attached hereto as Exhibit A and incorporated herein 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. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant 2 of 23 hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in accordance with such professional standards, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care. 1.5. 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 Manager may authorize extra work to fund unforeseen conditions in an amount not to exceed fifteen percent (15%) of the contract price set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term The term of this Agreement shall commence January 18, 2022 and shall remain in full force and effect until December 31, 2022, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rate and fees shown on the fee schedule set forth on page 3 of Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not -to -exceed amount of $23,850 (twenty-three thousand eight hundred fifty dollars) for the Term, except as otherwise authorized pursuant to Section 3.2 hereunder. 3.2. Any additional work authorized by the City pursuant to Section 1.6 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. 3 of 23 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 three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable 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 reasonably 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. William E. Hodge is the Consultant's primary representative for purposes of this Agreement. William E. Hodge shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 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: Hodge and Associates P.O. Box 529 Fawnskin, CA 92333 4 of 23 (949) 614-6645 Attn: William E. Hodge 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the 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 and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer 5 of 23 available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any 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, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6 of 23 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 7 of 23 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 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. 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any 8 of 23 purported assignment, or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable local, state and federal laws, industry safety orders and/or health orders. Consultant's obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant's employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over the City and/or Consultant, during Consultant's performance of the Project. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 9 of 23 17.0 Insurance 17.1. General Requirements. 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. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 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; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability, within minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 10 of 23 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 23 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subroqation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.10. 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 either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City if requested. 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. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City 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. 17.12. 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 under Section 18.0. 12 of 23 17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. . 18.2. Other Indemnitees. 18.2.1. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, to the extent caused by the acts or omissions of Consultant, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their 13 of 23 officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities, and shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.2.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this 14 of 23 Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's covenants under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and 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, gender, sexual orientation, gender identity, gender expression, marital status, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 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 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. 21.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 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. 15 of 23 23.0 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. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver .No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. 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. 16 of 23 27.2. 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. 27.3. 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 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds 17 of 23 Payments to be made to Consultant by City for any Services performed within the current "fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 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, each party in such litigation shall bear its own attorneys' fees and other costs incurred in connection therewith. 34.0 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. 35.0 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. 18 of 23 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives, have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH LM Attes Approved as to Form: By: _ Z- A. teele, City Attorney CONSULTANT:: Hodge and Associates By: 464&=(;.- �75kcp Name:William E. Hodge if Its: Owner/Principal By: Name: Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories. (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 19 of 23 EXHIBIT A CONSULTANT'S PROPOSAL DATED NOVEMBER 4, 2021 (Attached) 20 of 23 HODGE & ASSOCIATES Environmental and Land Use Planning P.O. Box 529, Fawnskin, CA 92333 November 4, 2021 Mr, Art Bashmakian, AICP: c/o City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 SUBJECT: Proposed Replacement Service Station and Convenience Store at 1300 Pacific Coast Highway in the City of Seal Beach — Proposal for Environmental (CEQA) Consultant Services. Dear Mr. Bashmakian: Hodge & Associates is pleased to submit to you this proposal for environmental consultant services for the above referenced project. Hodge & Associates provides professional planning services that emphasize personalized project management, quality work, and completion of work within an aggressive time frame and project budget. Hodge & Associates possesses extensive experience in managing a wide variety of environmental and planning projects. Examples of our past work include a broad range of environmental documents on projects ranging from residential and commercial to public facilities and transportation projects. Our Statement of Qualifications is on file at the City. I have attached our current schedule of fees to this proposal. The following describes our understanding of the proposed project: Proposed Project The project consists of the demolition of an existing gas station at 1300 Pacific Coast Highway, including five gas pumps, a kiosk and two subsidiary structures. The existing underground storage tanks would be removed and any soil contamination would be remediated. The project also includes construction of a new gas station on the property with three replacement gas pumps, new underground storage tanks, and a 1,200 square foot convenience store on an adjacent parcel. The project would include an amendment to change the General Plan Land Use Designation of the adjacent parcel at 328 13`h Street from residential to commercial to accommodate the new gas station. Mr. Art Bashmakian November 4, 2021 Page Two This proposal assumes the project will comply with the California Environmental Quality Act with a determination that an Initial Study and a Mitigated Negative Declaration (MND) will be prepared and processed for the project. The proposal contemplates the following environmental consultant services to be provided: Proiect Scope The following identifies the project scope of services to be provided by Hodge & Associates: ■ Preparation of an Initial Study/Mitigated Negative Declaration (in Compliance with the California Environmental Quality Act — CEQA & CEQA Guidelines) — Preliminary analysis, research and IS/MND preparation. ■ Preparation of air quality, greenhouse gas and noise analysis by Giroux & Associates. ■ Consultation with City staff ■ ' Submittal of Draft IS/MND to the State Clearinghouse and to the California Department of Fish & Wildlife specifically to request no effect determination. ■ Preparation of CEQA Public Notices (includes CEQA notice and Notice of Determination) ■ Filing/Posting of Public Notices (City Clerk & County Clerk) ■ Preparation of Response to Comments (assumes minimal public comments) N ■ Posting of Notice of Determination following Public Hearings (Does not include State Fish and Wildlife fee if required). ■ Attendance at meetings with City staff (up to two meetings) ■ Attendance at one (1) Public Hearing. The CEQA document will address all topical areas with particular attention to aesthetics (lighting, if proposed), air quality/greenhouse gas, biological (trees) resources, cultural resources, and land use. The analysis will rely upon project data and property information provided by the City and the applicant as well as the technical studies prepared as indicated in this proposal. Technical Studies This proposal includes preparation of technical studies for air quality, greenhouse gases and noise. All other studies and information that may be required will be provided to us for our use in preparation of the CEQA documentation (i.e. traffic, geology, hydrology, lighting plan/photometric info, cultural, phase one, etc.). The following is a summary of the technical expertise that would be retained by Hodge & Associates: Mr. Art Bashmakian November 4, 2021 Page Three Air Quality, Greenhouse Gases and Noise Assessments — Giroux & Associates will prepare an air quality study, greenhouse gases and noise analysis for the proposed project in compliance with State of California CEQA requirements. Giroux has extensive experience preparing air quality and noise assessments and has prepared studies for numerous projects located in Orange County, including Seal Beach. Schedule We are available to commence work immediately upon written authorization from you to proceed. The draft Initial Study/Mitigated Negative Declaration would be prepared within three (3) weeks of receipt of technical studies required to complete the CEQA document. The air quality, greenhouse gas and noise studies should be completed within three (3) weeks of receipt of the project description approved by the City staff. The ability to meet this schedule will depend on response to requests for information and/or material (completion of technical studies). The CEQA (IS/MND) is subject to a minimum 30 -day public review period prior to project approval due to submission to the State Office of Planning and Research (OPR). Cost Estimate Hodge & Associates proposal is for time and materials in accordance with the Schedule of Fees and general conditions of an executed project agreement. Reimbursable expenses such as printing, graphics, word processing, deliveries and auto mileage are billed at cost. Our hourly billing rate for preparation and processing of the CEQA documentation is $145.00 per hour. Our estimate for the total cost of services presented in this proposal is a not -to -exceed amount of 23 850.00. This total amount includes our services in addition to $6,850.00 in direct expenses (technical studies) and estimated reimbursable expenses, such as printing and word processing. All invoices are to be paid within 30 - days of the invoice date. Our scope of services and budget presented herein is valid until Februaryl, 2022. Please call me at (949) 614-6645 if you have any questions and/or would like to meet with me regarding this proposal. Should you concur with this proposal, our authorization to proceed as of a date certain can be memorialized by your direction and confirmation through e-mail to proceed with the project as directed by the City of Seal Beach. Please call me at (949) 614-6645 if you have any questions regarding this proposal. Sincerely, William E. Hodge HODGE AND ASSOCIATES Schedule of fees attached HODGE & ASSOCIATES SCHEDULE OF FEES & GENERAL CONDITIONS 2021 Billing rates are subject to revision effective January 1 of each year Staff Hourly Rates Cheryle Hodge, CEO $ 165.00 William Hodge, President $ 145.00 Associate Planner $ 130.00 Assistant Planner $ 120.00 Graphics $ 80.00 Word Processing/Document Production $ 75.00 GENERAL CONDITIONS 1. Hourly rates apply to work time as well as travel time which occur at public hearings and scheduled meetings. 2. Billing invoices will be submitted monthly for work in progress or upon completion of work. All invoices are payable within twenty-one (21) days of the invoice date. Any invoice unpaid after twenty-one (21) days will be subject to interest allowable by State law. If client fails to pay consultant within sixty (60) days after invoice is rendered, client agrees consultant shall have the right to consider such default in payment a material breach of their entire agreement, and, upon written notice, the duties, obligations, and responsibilities of consultant under this agreement are suspended. 3. Client hereby agrees that the balance in a billing invoice is correct and binding unless the client notifies the consultant in writing within ten (10) days of the date of the billing and informs consultant of alleged incorrect billing. 4. Consultant makes no warranty as to his/her finding, except that the work is performed using generally accepted methods. Consultant makes no warranty that the project will be approved by any governmental agency, nor endorsed by any citizens group. 5. All documents produced as a result of this agreement shall remain the property of the consultant and may not be used by the client without consent from the consultant unless they become part of the public record. The client agrees to limit the consultant's liability to the client, because of professional negligent acts, errors, or omissions by the consultant, to the consultant's fee. 7. Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete. Page 1 of 1 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in 21 of 23 Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 22 of 23 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. 23 of 23 THE HARTFORD BUSINESS SERVICE CENTER THE 36 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Seal Beach, CA Art Bashmakian AICP, Interim Sr Planner 211 8TH ST SEAL BEACH CA 90740 Account Information: Policy Holder Details : BILL HODGE DBA HODGE & ASSOCIATES December 15, 2021 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (866) 467-8730 Fax: (888) 443-6112 Email: aaencv.services cni thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 '`'� `rte CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 12/15/2021 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 SUBROGATIONIS 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 NAME: ALKEME INSURANCE SERVICES INC 72180031 111 CORPORATE DRIVE SUITE 200 LADERA RANCH CA 92694 POLICY EXP (MMIDDNYYY) PHONE (310)463-1296 (A1C, No, Ext): FAX (888)817-4450 (AIC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Sentinel Insurance Company Ltd. 11000 INSURED INSURERS: BILL HODGE DBA HODGE & ASSOCIATES INSURER C: 3208 MURCHISON WAY INSURER D : CARMICHAEL CA 95608-3141 INSURER E; DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF fMMIDDIYYYY1 POLICY EXP (MMIDDNYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE �OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 X General Liability A X 72 SBA IT0951 03/06/2021 03/06/2022 PERSONAL &ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑ PRO LOC JECT PRODUCTS -COMPIOPAGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE HIRED NON -OWNED I AUTOS AUTOS (Per accident) UMBRELLA LIAB F-FTc-c EACH OCCURRENCE AGGREGATE EXCESS LIAB FI CLAIMS- MADE ED I RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT ANY YM PROPRI ETORIPARTN ER/EXEC UTIVE OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE -EA EMPLOYEE (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. r`FRTIGIRATF HAI r1FR CANCFI 1 ATInN City of Seal Beach, CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Art Bashmakian AICP, Interim Sr Planner BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 211 8TH ST IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SEAL BEACH CA 90740 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PRODUCER COPY U-177 07/2019 Process Date: 11/03/2021 BREATHE INS SOLUTIONS 045483 - 27 MERCURY 28 ARGONAUT STE 100 INSURANCE COMPANY ALISO VIEJO, CA 92656 AUTOMOBILE POLICY DECLARATIONS TELEPHONE:(949) 215-5431 IMPORTANT COVERAGE EXCLUSION POLICY NUMBER POLICY PERIOD ,APPLICABLE TO ALL COVERAGES, INCLUDING BUT NOT.'LIMITED TO; LIABILITY AND UNINSURED MOTORISTS, PROVIDED NOW OR LATER. 0401 27 200111328 FRosf 12!04/2021 1zm1A To 12104/2022az:o,AM It is agreed thatthe insurance afforded by this policy, shall not appply nor accrue to the benefit of any, insured or any third party,clalmant when any motor vehicle is being used or PERSONS INSURED NAMED INSURED CHERYLE HODGE operated by a person.listed belowregardless of where the person resides. or whether the person is licensed to drive. DRIVERS CHERYLE HODGE BILL HODGE ALLYSON HODGE WILLIAM H HODGE MAILING 3208 MURCHISON WAY ADDRESS CARMICHAEL, CA 95608-3141 CAR YEAR VEHICLE DESCRIPTION SERIAL. NUMBER COSTOR VALUE I NEWIUSED1 PURCH. DATE I HIP./CID 1 1993 VOLVO 240 WAG 4DR YV1AW8319P1941807 N 03/1993 2 2003 HONDA ACCORD EX SED 4DR 1 HGCM66533AO85309 U 05/2016 3 2017 TOYOTA CAMRY LE/XLE/SE/ SED 4DR 4T1 BFI FK1 HU351439 U 01/2020 CAR P RL LA LOSS PAYEES (LP). ADDITIONAL INTERESTS(AI); LOSS PAYEES AND ADDITIONAL INTERESTS(LA)„GARAGING ADDRESSES (GA) AND REGISTERED OWNERS(RO) OTHER THAN THOSE LISTED ABOVE 2 RO WILLIAM HODGE Coverage applies only if premium charge is listed below. Coverage/Limits are subject to all policy terms. COVERAGES LIMITS OF.LIABILITY PREMIUMS; NON -FACTORY EQUIPMENT BODILYINJURYUCAR1 CAR2 CAR3 $250,000 EAcxPERsoN $500,000 EACH 8B2 4141 316 ITEMS INSURED AND AMOUNTS OFABILITY INSURANCE FOR EACH ITEM ARE STATED HEREIN. ITEMS INSURED ARE SUBJECT TO THE DEDUCTIBLE. PROPERTY DAMAGE LIABILITY $250,000 EACH ACCIDENT 758 404 380 UNINSURED MOTORISTS BODILY INJURY LIABILITY $30,000 EACH PERSON $60,000 EACH ACCIDENT 102 70 84 UNINSURED MOTORISTS$3,500 MAXIMUM 20 CAR ITEMSINSURED LIMIT PROPERTY DAMAGE LIABILITY COLLISION DEDUCTIBLE WAIVER 6 MEDICAL EXPENSE $ LEASEILOAN GAP COVERAGE CAR CAR CAR REPAIR OR REPLACEMENT CAR CAR CAR COST COVERAGE COMPREHENSIVE DEDUCTIBLE CAR $ CAR2 $500 CAR3 $500 34 22 _ CALIFORNIAASSE_SNIENTS COLLISION DEDUCTIBLE CAR $ CAR2 $500 CAR3 $500 250 442 CAFRAUDFEE 5,28 ROADSIDE ASSISTANCE EACH CAR CAR CAR OCCURRENCE CIGAFEE RENTAL CAR BENEFIT $30 PER DAY 30 DAYS 44 44 INTERVENOR FEE ENDORSEMENTS ATTACHED TO THE POLICY PREMIUMS PER CAR U-10 12/2018 1762F --1-22-2F 1294 POLICY FEE TOTAL PREMIUM 4,283.28 IMPORTANT INFORMATION EFFECTIVE 12/04/2021 The enclosed Auto Insurance Renewal Bill and the U251 IMPORTANT NOTICE are part of this policy. These specify the amount of your premium, your payment options,, any applicable fees, and,the due date. Your automobile insurance expires and coverage ceases at 12:01AM on 12/04/2021. Coverage under this policy will become effective provided you pay the premium and any applicable fees as indicated on the Auto Insurance Renewal Bill. If you have any questions, please contact your agent or broker at the phone number provided above. The full pay or installment plan amount includes a prior balance due of $ 346.48 PAY PLAN PAYMENT AMT =EE DUE DATE NEXT PAYMENT FEE DUE DATE Full Pay $4,629.76 NONE 12/03/2021 4 Pay $1,427.26 56.00 12/03/2021 $1,075.50 $6.00 02/04/2022 6 Pay $1,070.76 $6.00 12/03/2021 5719.00 $6.00 01/16/2022 Same Pay -RCC $714.76 $6.00 12/03/2021 5362.45 $6.00 01/04/2022' Same Pay -EFT $710.76 $2.00 12/03/2021 $358.45 $2.00 01/04/2022 DVR. VIOL. CODE VIOL. DATE VIOL. CODE VIOL. DATE VIOL. CODE VIOL. DATE 1 22356B 08/03/2012 2 22101.D 11/02/2010 3 ACC 12/09/2019 CAR OCC DRV RAT PRN' PTS SD GD' MIC MK. MDL SYL PD' CLASS MIL SALV USE ; MIL FIN FLG GRP CD � MULTI DOB SR' GD AIL . AIT DRV 'DRV PTS STD SYM SYM SYM SYM TYP RES POL CHG DRV' BRK DEV 1 11 3 101 00 N Y VL N4 W4 07 445 ES N WS 5 H 1996 N Y 1 0 2 1 4 00 N Y HD AC 46 14 366 ES N WS 10 H 1991 N Y 1 1 3 I 3 1 2 00 N Y TY CM 44 11 1A6 ES N WS 5 I H 1951 N Y 1 1 3 UND: V. Sauceda AMOUNT DUE: $ 710.76 DUE DATE: 12/03/2021 IMLULINGMATE: 11/04/2021 PRODUCER COPY U-177 07/2019 Process Date: 11/03/2021 f'►`� 1 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDrmrY) 12/15/2021 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 (HD) Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek CA 94596 CONTACT NAME: Cora Lim PHONE FAX No, E:: 925-934-8500 Arc No): 925-934-8278 ADDRESS: CoraL@heffins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 License#: 0564249 INSURED HODG&AS-01 INSURER B: Hodge & Associates 3208 Murchison Way INSURERC: INSURERD: Carmichael CA 95608 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 935637484 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 OF INSURANCE ADDLITYPE INSD SUER POLICY NUMBER MM/DDPOLICY EFF MM/DD POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAE CLAIMS -MADE 1-1OCCURPREMISES Ea occu enc. S MED EXP (Any one person) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PRO- F JECT F] LOC PRODUCTS- COMP/OP AGG S $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY S UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE S, EXCESS LIAB DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S OFFICER/MEMBEREXCLUDED7 ❑ N/A E.L. DISEASE - EA EMPLOYEE S (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Professional bility EEH591862057 8/22/2019 8/22/2022 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) lha:�IlZl�lall3L�1��Ja:� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 Eight Street AUTHORIZED REPRESENTATIVE Seal Beach, CA 90740 /jh ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD