HomeMy WebLinkAboutC-8231-2 - PSA for Community Development Block Grant Program Administration and Affordable Housing Monitoring ServicesC to
M PROFESSIONAL SERVICES AGREEMENT
N WITH LDM ASSOCIATES, INC. FOR
�j COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
V ADMINISTRATION AND AFFORDABLE HOUSING MONITORING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 1 st day of July, 2017 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
LDM ASSOCIATES, INC., a California corporation ("Consultant'), whose address is
10722 Arrow Route, #822, Rancho Cucamonga, California 91730, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Community Development Block Grant
(CDBG) Program Administration and Affordable Housing Monitoring Services
("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
i 94.11 & I
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Ninety Thousand Nine
Hundred Ninety Dollars and 00/100 ($90,990.00), without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
LDM Associates, Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Clint Whited to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Principal Planner or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
LDM Associates, Inc. Page 3
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
LDM Associates, Inc. Page 4
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or
already be a CalPERS member.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
LDM Associates, Inc. Page 5
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
LDM Associates, Inc. Page 6
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
KOUIIIIIIIIIIII N =10101 0 IR
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
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resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Principal Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Clint Whited
LDM Associates, Inc.
10722 Arrow Route, #822
Rancho Cucamonga, CA 91730
LDM Associates, Inc. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
LDM Associates, Inc. Page 9
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
LDM Associates, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 77 ifs / Q Date: -)I 2z,,��
By: f I By: "C—
AC. Ha 01-111+ Da <iff
City Attorne City Manager
ATTEST: I CONSULTANT: LDM Associates, Inc., a
Date: ' California corporation
rate. 7-Z/- / 7
By: 4 D L/
Leilani I. Brown
City Clerk
David Me
President
Sr. Vice President/CFO
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
LDM Associates, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
LDM Associates, Inc. Page A-1
SCOPE OF SERVICES
In the administration and implementation of the U.S. Department of Housing and Urban
Development (HUD) CDBG entitlement grant program, Consultant proposes to provide staffing and
other resources as required to perform the Scope of Services requested by the City. The services
include, but are not limited to the following:
A. General Administration of the CDBG Program
1. Coordination with City staff in the identification, management and completion of all
CDBG funded projects including preparation or review of federal funding requirements
as part of the construction bid packages, request for proposals, monitoring reports, public
notices, etc.
2. Preparation of the following documents:
• 2016-2017 CAPER — Due September 2017
• 2018-2019 Action Plan — Due May 2018
3. Preparation of all reports as required by HUD including but not limited to: Quarterly
Federal Financial Reports; Semi -Annual Labor Standards Enforcement Reports;
MBE/WBE Utilization Reports; Section 3 Summary Reports any other reports required
by HUD.
4. Preparation of necessary environmental review forms and documents for CDBG projects.
5. Prepare files and contracts for each of the funded social service and fair housing service
providers and provide guidance with sub -recipients as necessary to ensure proper data
collection and program compliance as mandated by HUD.
6. Setup and maintenance of Integrated Disbursement and Information System (IDIS)
including preparation of requested reports.
7. Review and process all sub -recipient invoices.
8. Prepare drawdown vouchers for reimbursement of expended funds on a quarterly basis or
more frequently as directed.
9. Monitor all sub -recipients on an annual basis or sooner as necessary.
10. Coordination with HUD Field office staff, Orange County HCD and Housing Authority
staff, other City representatives and various CDBG related constituencies.
11. Audit existing files and IDIS records for the last three fiscal years, and update and/or
correct files and IDIS records as necessary.
12. Any other activities as required to properly administer the CDBG Program.
B. Annual Monitoring of Existing Affordable Housing Developments
1. On an annual basis, review and or audit the records of approximately 10 affordable
housing developments to ensure that they are complying with their obligation to provide
affordable housing in accordance with applicable restrictions.
2. Contact owners of affordable units to obtain information regarding their plans for
continuing affordability on their properties and to encourage the extension of the
affordability agreements.
3. Inform and educate owners of affordable units of the State Preservation Notice Law
(Government Code Section 65863.10-13).
4. Prepare and submit a written report to the City containing the findings of the monitoring
program including any recommendations or corrective actions.
C. Community Facilities ADA Activity — Davis -Bacon Monitoring
1. Pre -Bid Phase: Provide the City with federal or state contract provisions and forms
relevant to the funding requirements applicable to the project. Prepare materials for pre-
bid meetings/ job walks and participate in these meetings to discuss Section 3 or
Prevailing Wage compliance. Assist the City in responding to any compliance -related
requests for information during the procurement process. Prepare the Labor Compliance
Administration file.
2. Bid Evaluation Phase: For Section 3 projects, evaluate bidders' responsiveness to the
Section 3 requirements and other project labor requirements included in the bid
document. Run CSLB license status and SAM debarment verifications on the apparent
low bidder and all listed subcontractors. Advise the City Project Manager of any
discrepancies or concerns prior to award.
3. Pre -Construction Phase: Prepare materials and attend a pre -construction meeting with
the City, contractor and subcontractors as determined necessary by the City. Review the
prevailing wage requirements as well as any other special requirements, Section 3
outreach and hiring, employee field interviews, posting requirements, etc. Establish the
protocol for document submittals, including weekly Certified Payroll Reports. Follow up
via telephone and email with the Certified Payroll Report preparers at each contractor's
office to review the work classifications and wage rates to be used on the project.
Provide follow-up technical assistance to contractors as required. Prepare contractor and
subcontractor Labor Standards Enforcement files.
4. Construction Phase: Receive, review, reconcile and file weekly Certified Payroll
Reports for each contractor/subcontractor. Review Certified Payrolls for compliance
with the higher of the two (2) applicable wage rates (Federal/State). Verify adequacy of
information provided, including but not limited to employee information, work
classification, hours worked, overtime (if applicable), gross pay, deductions and net pay.
Ensure that apprentices (if any) are documented and currently active in a DAS and DOL -
GA approved program. Conduct Employee Field Interviews and reconcile interviews
with Certified Payroll Reports to test the veracity of the information provided by
contractors. In the event that violations are discovered, prepare formal written labor
compliance review notices to the prime contractor identifying the finding, required
corrective action, the contractor's right to appeal, the deadline for full resolution of the
matter as well as any/all resources or forms necessary to resolve the finding. Review and
file contractor responses to labor compliance review notices and follow-up as necessary.
5. Post -Construction Phase: Upon final resolution of all outstanding monitoring findings,
underpayments or other violations on the part of all contractors, prepare and send a
Labor Compliance Clearance Letter to the Prime Contractor indicating that full
compliance has been achieved. Prepare any required reports of labor standards violation
to HUD or DIR as necessary. Provide file closeout and records management transmittal
procedures to the City of Newport Beach.
EXHIBIT B
SCHEDULE OF BILLING RATES
LDM Associates, Inc. Page B-1
Scope of Service Fiscal Year Budget
CDBG Administration July 1, 2017 —June 30, 2018 $54,000
Affordable Housing Monitoring July 1, 2017—June 30, 2018 $6,000
Davis -Bacon Monitoring for Community Facilities
ADA Project July 1, 2017—June 30, 2018 $30,990
(See Attached Cost Breakdown by Phase)
STAFF PERSON:
President
Senior Vice -President
Vice -President
Manager
Senior Associate
Associate
Senior Project Assistant
Project Assistant
Secretary
REIMBURSABLE ITEMS:
Project Supplies
Prints/Reproductions
HOURLY RATE:
$110.00/Hr
$105.00/Hr
$100.00/Hr
$90.00/Hr
$85.00/Hr
$75.00/Hr
$65.00/Hr
$55.00/Hr
$40.00/Hr
At Cost plus 10% surcharge
At Cost plus 10% surcharge
COST FOR
DAVIS-BACON MONITORING FOR COMMUNITY FACILITIES ADA PROJECT
Vice President
Sr. Associate
Associate
Services and Hours Phase
Cost
$100.00
$85.00
$75.00
Pre -Bid Phase: Provide the City with federal or state
contract provisions and forms relevant to the funding
requirements applicable to the project. Prepare
materials for pre-bid meetings/ job walks and participate
in these meetings to discuss Section 3 or Prevailing
2
6
4
$1,010.00
Wage compliance. Assist the City in responding to any
compliance -related requests for information during the
procurement process. Prepare the Labor Compliance
Administration file.
Bid Evaluation: For Section 3 projects, evaluate
bidders' responsiveness to the Section 3 requirements
and other project labor requirements included in the bid
document. Run CSLB license status and SAM
2
4
4
$840.00
debarment verifications on the apparent low bidder and
all listed subcontractors. Advise the City Project
Manager of any discrepancies or concerns prior to
award.
Pre -Construction: Prepare materials and attend a pre -
construction meeting with the City, contractor and
subcontractors as determined necessary by the City.
Review the prevailing wage requirements as well as any
other special requirements, Section 3 outreach and
hiring, employee field interviews, posting requirements,
etc. Establish the protocol for document submittals,
including weekly Certified Payroll Reports.
4
10
18
$2,600.00
Follow up via telephone and email with the Certified
Payroll Report preparers at each contractor's office to
review the work classifications and wage rates to be
used on the project. Provide follow-up technical
assistance to contractors as required. Prepare contractor
and subcontractor Labor Standards Enforcement files.
Vice President
Sr. Associate
Associate
Services and Hours Phase
Cost
$100.00
$85.00
$75.00
Construction: Receive, review, reconcile and file
weekly Certified Payroll Reports for each
contractor/subcontractor. Review Certified Payrolls for
compliance with the higher of the two (2) applicable
wage rates (Federal/State). Verify adequacy of
information provided, including but not limited to
employee information, work classification, hours
worked, overtime (if applicable), gross pay, deductions
and net pay. Ensure that apprentices (if any) are
documented and currently active in a DAS and DOL -
GA approved program. Conduct Employee Field
8
145
165
$25,500.00
Interviews and reconcile interviews with Certified
Payroll Reports to test the veracity of the information
provided by contractors. In the event that violations are
discovered, prepare formal written labor compliance
review notices to the prime contractor identifying the
finding, required corrective action, the contractor's right
to appeal, the deadline for full resolution of the matter
as well as any/all resources or forms necessary to
resolve the finding. Review and file contractor
responses to labor compliance review notices and
follow-up as necessary.
Post -Construction: Upon final resolution of all
outstanding monitoring findings, underpayments or
other violations on the part of all contractors, prepare
and send a Labor Compliance Clearance Letter to the
Prime Contractor indicating that full compliance has
4
4
4
$1,040.00
been achieved. Prepare any required reports of labor
standards violation to HUD or DIR as necessary.
Provide file closeout and records management
transmittal procedures to the City of Newport Beach.
Total:
20
169
195
$30,990.00
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
LDM Associates, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
LDM Associates, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
LDM Associates, Inc. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/23/17 Dept./Contact Received From: Terresa
Date Completed: 7/19/17 Sent to: Terresa By: Alicia
Company/Person required to have certificate: LDM Associates, Inc.
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/24/17-3/24/18
A.
INSURANCE COMPANY: State Farm General Insurance Co.
B.
AM BEST RATING (A-: VII or greater): A: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
1,0000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT —please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/24/17-3/24/18
A.
INSURANCE COMPANY: State Farm General Insurance Co.
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
0 N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 8/1/16-8/1/17
A. INSURANCE COMPANY: State Compensation Insurance Fund
B. AM BEST RATING (A-: VII or greater): N/A
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 6/20/17-6/20/18 CARRIER: NEW HAMPSHIRE INS
V POLLUTION LIABILITY
V BUILDERS RISK
RATING: A: XV Admitted LIMIT: 1M/1M ❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Notes: Contract does not require Al, Primary/Noncontributory, or Products/Completed Operations,
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
7/19/17
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
Subject to the terms of the contract.
Mar 16 17, 02:50p
CERTIFICATE OF INSURANCE
This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
9 STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages Indicated below:
Name of policyholder
Address of policyholder
LDtd ASSOCIATES, INC.
10722. ARR06N RourE,SUITE 822 RANCHO CUCPRONOA CA 91730
Location of operations ANY
Description of operations ALL
The policies listed below have been Issued to the policyholder for the policy periods shown.
subject to all the terms exclusions, and conditions of N1nsn nnunlnc Thn limile.d n,r.nn., e.._,.._
P,10
The Insurance described in these policies is
r+wn,nh..i ur INOV MAN” AND Nil 1 HbR AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
AUULTIONAL INSURED: CITY OF NEtiPORP BEACH, OFFICERS, OFFICIALS, If any of the described policies are canceled before
WPLOYEES,'v'OLUNTRERS see attached its expiration date, Stale Farm will try to mail a Written
notice to the certificate holder 33 days before
Name and Address of Certificate Holder cancellatlon. If however, We fail to mail such notice,
no obligation or liability will be imposed on State
CITY CF NEWPORT BEACH Fenn grjts agents orrepr entatives.
rOtaNUNITY DE46:,O?NENr DEPT P$
- NANN
: JPX,ES CAFIPBELL, PRINCIPAL PLER cGL Zvi--�` s" .....
100 Civic Center Drive
NEWPORT BEACH, CA. 92660
Mll-N4 e.3 C4.1999 Pnnted In U.SA.
at3GrrP O7/i G/_2017
Title Ddle
Agent's Code Stamp —�
AFO Code Al-/ - %J�
---- -...._ ......._ .. .......,.., ,,,,,,,,,,
,,,ar „o.,. ............ oy any Palo claims.
POLICY NUMBER
TYPE OF INSURANCEPOLICY PERIOD
Effective Date ; Expiration Date
LIMITS OF LIABILITY
(at beginning of eolioy period)
32-X,'-9401-7
Comprehensive 3-24-16 03-24-13
_
BODILY INJURY AND
-„---,-----__
7hlsinsurance inciudos:
Business Liability _ .........
......... P P .... ---- -
..
� Pro.ducts.-Ca..m toted O orations
PROPERTY DAMAGE
0 Contractual Liability
❑ Underground Hazard Coverage
Each Occurrence $1,000,300
(R Personal Injury
Advertising Injury
General Aggregate $2,000,oeo
❑ Explosion Hazard Coverage
❑ Collapse Hazard Coverage
Products — Completed $2,000,000
• ❑
Operations Aggregate
T
EXCESS LIABILITY
POLICY PERIOD
BODILY INJURY AND PROPERTY DAMAGE
Effective Date Expiration Date
(Combined Single Limit)
❑ Umbrella
Each Occurrence $
❑ Other
Aggregate $
Part1 STATUTORY
P
art 2 BODILY INJURY
Workers' Compensation
and Employers Liability
Each Accident $
Disease Each Employee $
Disease - Policy Limit $
LIMITS OF LIABILITY
(at beginning of policy period)
POLICY NUMBER
TYPE OF INSURANCE
POLICY Expi
Effective Date ;Expiration Date
414-0373-1108-75A
AUTOMOBILE
03-24.16 03-24-1e
$1,000,OOn
THF CPPTIFICATC na lKlQl
IDArdnr
r+wn,nh..i ur INOV MAN” AND Nil 1 HbR AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
AUULTIONAL INSURED: CITY OF NEtiPORP BEACH, OFFICERS, OFFICIALS, If any of the described policies are canceled before
WPLOYEES,'v'OLUNTRERS see attached its expiration date, Stale Farm will try to mail a Written
notice to the certificate holder 33 days before
Name and Address of Certificate Holder cancellatlon. If however, We fail to mail such notice,
no obligation or liability will be imposed on State
CITY CF NEWPORT BEACH Fenn grjts agents orrepr entatives.
rOtaNUNITY DE46:,O?NENr DEPT P$
- NANN
: JPX,ES CAFIPBELL, PRINCIPAL PLER cGL Zvi--�` s" .....
100 Civic Center Drive
NEWPORT BEACH, CA. 92660
Mll-N4 e.3 C4.1999 Pnnted In U.SA.
at3GrrP O7/i G/_2017
Title Ddle
Agent's Code Stamp —�
AFO Code Al-/ - %J�
Mar 1717.08:19a
p.6
NAME OF INSURED: LDM ASSOCIATES INC
POLICY NUNIBER: 92-\V-9401-7
COMMERCIAL GENERAL LIABILI'T'Y
'I'IIIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Newport Beach
including elected or appointed officials, directors, officers, agents, employees, volunteers, or
contractors.
(if no entry appears above, the information required to complete this endorsement will be shown
in Ilse Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section Il) is amended to include as an insured the person or
organization shown it] the Schedule, but only with respect to liability arising out of your use of
premises owned or leased by the additional insured.
The insurance provided by this policy shall be primary as respects any claims related to any
activities, anywhere and any insurance, pooled coverage, or self-insurance maintained by the
City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or
contractors shall not contribute to it.
AutAut ori�ture
CERTHOLDER COPY
SP
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 09-09-2018
CITY OF NEWPORT BEACH, COMM DEV DEPT SP
T MORTIZ, ADMIN ANALYST
100 CIVIC CENTER DR
NEWPORT BEACH CA 92880-3287
GROUP:
POLICY NUMBER: 1799106-2018
CERTIFICATEID: 42
CERTIFICATE EXPIRES: 08-01-2017
08-01-2018/08-01-2017
THIS CERTIFICATE SUPERSEDES AND CORRECTS
CERTIFICATE 9 29 DATED 08-01-2016
This Is to certify that we have Issued a valid Workers' Compensation Insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30days advance notice should this policy be cancelled prior to Its normal expiration.
This certificate of Insurance Is not an Insurance policy and does not amend. extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be Issued or to which it may pertain, the Insurance
afforded
by the policy
ydescri//b�e�eddd herein Is subject to all the terms, exclusions, and conditions, of such policy.
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT /!1800 - DAVID MEYER PRES,SEC,TRES - EXCLUDED.
ENDORSEMENT 92085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2005 IS
—� ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT 92570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2016-09-08 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME;
CITY OF NEWPORT BEACH. COMM DEV DEPT
IRJA9Siyd4f
LDM ASSOCIATES INC SP
10722 ARROW RTE STE 822
RANCHO CUCAMONGA CA 91730
IND7,CN1
(REV.7-2014) PRINTED : 09-09-2016
Fax Server 9/26/2016 9:56:57 AM PAGE 2/002 Fax Server
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
1799106-16
RENEWAL
SP
■ 9-80-89-37
PAGE 1
HOME OFFICE
SAN FRANCISCO EFFECTIVE SEPTEMBER 9, 2016 AT 12.01 A.M.
ALL EFFECTIVE DATES ARE AND EXPIRING AUGUST 1, 2017 AT 12.01 A.M.
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
LDM ASSOCIATES INC
10722 ARROW RTE STE B22
RANCHO CUCAMONGA, CA 91730
ANYTHING IN TRIS POLICY TO THE CONTRARY NOTWITHSTANDING,
IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND
WAIVES ANY RIGHT OF SUBROGATION AGAINST,
CITY OF NEWPORT BEACH, COMM DEV DEPT
WHICH MIGHT ARISE. BY REASON OF ANY PAYMENT UNDER THIS
POLICY IN CONNECTION WITH WORK PERFORMED BY,
LDM ASSOCIATES INC
IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN
PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERAT
OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE
EMPLOYER.
IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH
EMPLOYEES SHALL BE INCREASED BY 03%.
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
AUTHORIZED REPRESENT IVE
SGIF FORM 10117 InEV.)-2014)
SEPTEMBER 13, 2016
PRESIDENT AND CEO
2570
OLD OF 217
ALS �® CERTIFICATE OF LIABILITY INSURANCE DATE
RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Th
:ATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIEf
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
IMPORTANT: If the certificate holder Is an ADDITIONAL INS
the terms and conditions of the policy, certain policies may
CorRisk Solutions
1 Huntington Quadrangle Suite 41,120
Melville, NY 11747
LDM Associates,Inc.
10722 Arrow Route
Suite 822
Rancho Cucamonga, CA 91730
the policy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to
an endorsement. A Statement On this certificate does not Confer rights t0 the
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
Tracey Donohue
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
µcrEas,a 631-756-3000 Hcw.ca_ 631-756-2500
TYPEOFINSURANCE
traceyd@corrisksolutions.com
SUCH
WVD
INSURERS) AFFORDING COVERAGE NAIC0
POUCY EFF
IMMNDAYYIT
_
INSURERA: New Hampshire Insurance Company 23841
LIMITS
INSURER B:
GENERAL LIABILITY
INSURERC:
INSURERD:
INSURERE:
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
TYPEOFINSURANCE
AGO
INSRO
SUCH
WVD
POLICY NUMBER
POUCY EFF
IMMNDAYYIT
POLICY EXP
INMMDNYYY)
LIMITS
GENERAL LIABILITY
EACH OCCURANCE
MERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
T
DAMAGE TO RENTED
PREMISES IEa Ocaranul
MED EXP(Any one person)
DOES NOT APPLY
PERSONAL AAND INJURY
GENERAL AGGREGATE
PRODUCTS • COMPIOP AGO
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
AUTOMOBILE LIABILITY
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eOCILYINAmY(Per FF,NN)
ANYAUTG
ALLOWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIREDAUTOS At ITnc
DOES NOT APPLY
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UMBRELLA LIABOCCUR
EACH OCCURANCE
AGGREGATE
EXCESS LIAB
CLAIMS MAOE
DOES NOT APPLY
DED I IRETENTIONS
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
W'CSTATU- I OTHER
TORY UNITS
EA EACHACCIDENT
ANY PROPRIETOWARTNER,BXECUTIVE
OFFICE/AIEMSER EXCLUDED? YM
(Mandatory INH)
El
INA
GOES NOT APPLY
E.L UIBEBAE•EA
EMPLOYEE
DISEASE -POLICY LIMIT
Ilya,, MOW uMar DESCRIPTION OF
OPERATIONS bat.E.L.
A
Professional Liability
064991839-
Ol
06/20/17
06/20/18
Parc=,Rence: $1,000,000
Annual A0sra9ate: $1,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, If more space IS required)
CERTIFICATE HOLDER CANCELLATION
City of Newport Beach, its Officers officials,
SHOULOANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
employees & volunteers
THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Attention: James Campbell, Principal Planner
100 Civic Center Drive
AUTHORIZED REPRESENTATIVE
Newport Beach, CA 92660����
ACORD 28 (20101051 ®1988.2010 ACORD CORPORATION. Allrighta reserved.
The ACORD name and logo are registered marks of ACORD