HomeMy WebLinkAboutC-6020 - PSA for 5-Year Consolidated Plan 2015-2019, Community Development Block Grant Administration, and Affordable Housing Monitoring Services for Fiscal Year 2016eUcc
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PROFESSIONAL SERVICES AGREEMENT
V WITH LDM ASSOCIATES, INC. FOR
5 -YEAR CONSOLIDATED PLAN 2015 -2019, COMMUNITY DEVELOPMENT
BLOCK GRANT ADMINISTRATION, AND AFFORDABLE HOUSING
MONITORING SERVICES FOR FISCAL YEAR 2016
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 23rd day of January, 2015 ( "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, Suite 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 a five (5) year Consolidated Plan for
2015 -2019, Community Development Block Grant administration, and affordable
housing monitoring services for fiscal year 2016 ( "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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2016, 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 Seventy One
Thousand Seven Hundred Fifty Dollars and 001100 ($71,750.00), 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.
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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
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perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards' shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 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 the highest professional standard.
8.3 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.
8.4 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 and employees (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 or willful 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
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limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
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.
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.
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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
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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 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.
20. RECORDS
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.
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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 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: James Campbell, 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:
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Attn: Clint Whited
LDM Associates, Inc.
10722 Arrow Route, Ste. 822
Rancho Cucamonga, CA 91730
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 seg.).
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
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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 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 of race, religion, color, national origin, handicap,
ancestry, sex, 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN�Y'S OFFICE
Date: ) Mp
By: Y
Aaron C. Har
City Attorney
LA M 1IltiIVS
ATTEST:q 44 //6-
Date: old
By: Oil
Leilani n
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: l - aO - /6-
By:
S6&-"04—
By: Z6&-
"04 -Kimberly Brandt, AICP
Community Development Director
CONSULTANT: LDM Associates, Inc., a
California corporation
Date: - 1 I x Z6. -101
By:
D Meyer
President
Date: /-;2.
ma
F<jacry,munoz
Sr. Vice ent & CFO
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
PROJECT SUMMARY
In the planning and administration of the Newport Beach CDBG program from 2015-
2019, Consultant proposes to provide staffing and other resources necessary to perform
the scope of work indicated in the City's Request for Proposal. The proposed services
include, but are not limited to the following:
A. Preparation of the 2015 -2019 Consolidated Plan to include:
1. Review and revision of the City's current adopted Citizen Participation
Plan to ensure compliance with 24 C.F.R. Part 91. As necessary,
recommend revisions and prepare a revised draft Citizen Participation
Plan for adoption by the City Council.
2. Plan and participate in at least one (1) community meeting where low- and
moderate income residents, community groups, housing advocates, public
service agencies and the general public will be invited to provide input into
housing and community development needs and priorities. In accordance
with the current Citizen Participation Plan, plan and participate in a
minimum of two (2) public hearings in the development of the
Consolidated Plan, with one (1) during the pre -plan development stage
and one (1) with the City Council's adoption of the Consolidated Plan.
3. Collect data, conduct research, and analyze the data in order to identify
housing and community development needs and priorities, taking into
account the 2014 -2021 Housing Element adopted September 24, 2013
and other available local data.
4. Engage in all consultations as required pursuant to 24 C.F.R. Part 91 and
document the results of those consultations for use in the development of
the Consolidated Plan — Strategic Plan.
5. Develop all required maps using CPD Maps, GIS, or similar mapping
software, including but not limited to areas of minority and low- income
concentration, low- and moderate income areas, and other maps to
describe the geographic distribution of resources.
6. Develop the draft Consolidated Plan in the HUD Integrated Disbursement
and Information System (IDIS) to contain the information required in 24
C.F.R. Part 91, Section 91.205 through 91.230, including all tables,
narratives, and certifications as delineated within the IDIS template.
7. Prepare outlines, agendas, public notices and provide for input into IDIS;
provide the City with a minimum of three (3) bound copies, one (1) loose
copy (for duplication purposes) of the public review draft and three (3)
bound copies, one (1) loose master, and a PDF document of the final
printed version.
B. General Administration of the CDBG Program for the upcoming fiscal year 2015-
2016, beginning July 1, 2015, and ending June 30, 2016, with the possibility of
two (2) additional one -year contract extensions to include:
1. Coordination with City staff in the identification, management, and
completion of all CDBG funded projects including preparation or review of
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federal funding requirements as part of the construction bid packages,
request for proposals, monitoring reports, public notices, etc.
2. Preparation of all reports as required by HUD including but not limited to a
One -Year Action Plan and annual funding application, a CAPER
document, Quarterly Financial Reports, etc.
3. Setup and maintenance of IDIS records including preparation of requested
reports.
4. Prepare draw down requests for reimbursement of expended funds on a
quarterly basis or more frequently as directed.
5. Coordination with HUD Field office staff, Orange County Housing and
Community Development staff, Orange County Housing Authority staff,
fair housing service providers, other City representatives and various
CDBG related constituencies.
6. Audit existing files and IDIS records for the last three fiscal years, and
update and/or correct files and IDIS records as necessary.
7. Under direction of the Community Development Department, prepare
public notices and reports to the City Council for review and consideration
of the Action Plan and CAPER documents.
8. Any such other activities as required to properly administer the CDBG
program.
C. Administration of Sub - Recipient Contracts including:
1. Prepare a NOFA on an annual basis for social service funding. Work with
City staff to prepare a funding plan for the recommended social service
providers.
2. 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.
3. Review and process all sub - recipient invoices.
4. Monitor all sub - recipients on an annual basis or sooner as necessary.
D. Annual Monitoring of Existing Affordable Housing Developments including:
1. On an annual basis, review and or audit the records of approximately ten
(10) affordable housing developments to ensure that they are complying
with their obligation to provide affordable housing in accordance with
applicable restrictions.
2. Prepare and submit a written report to the City containing the findings of
the monitoring program including any recommendations or corrective
actions.
METHODOLOGY
To provide complete CDBG program administration and affordable housing compliance
monitoring services as an extension of City staff, LDM proposes to attend bi- monthly
meetings with the Planning Division or Finance Department staff and meetings with
HUD as necessary and convenient for the City. LDM staff will be available to represent
the City's CDBG program at City Council Meetings, as required, to provide project
updates, presentations associated with program milestones, and to respond to City
Council or citizen inquiries. Assigned LDM staff will be readily available to City staff by
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phone and email to address any questions or requests for information concerning the
development of the Consolidated Plan, administration of the CDBG program, monitoring
of affordable housing developments or other tasks assigned by the City.
DEVELOPMENT OF THE 2015 -2019 CONSOLIDATED PLAN
As a result of our experience developing 2015 -2019 Consolidated Plans for a number of
other local grantees and providing technical assistance to grantees across the country
on the use of the eCon Planning Suite in IDIS, LDM is uniquely positioned to ensure
preparation of the 2015 -2019 Consolidated Plan during a four (4) month window from
January 1, 2015 to April 30, 2015. We propose to immediately begin work by meeting
with City Staff at the earliest possible opportunity to finalize the schedule for
development and adoption of the Consolidated Plan. At this meeting, LDM staff is
prepared to review a detailed schedule, submit draft citizen and stakeholder surveys for
staff review, a draft revision to the existing Citizen Participation Plan and the public
notice and materials for convening a community meeting to solicit resident and
stakeholder feedback. Concurrent with the citizen participation and consultation
process, LDM will draft the needs assessment and market analysis necessary to craft a
draft strategic plan for staff review. In order to ensure submission to HUD by May 15,
2015, LDM proposes the following initial schedule for the development of the
Consolidated Plan in 2015, subject to change based on consultation with City Staff:
January 5 -9
Meet with Staff to review schedule and documents
January 5
Issue NOFA for 2015 -2016 CDBG Funding (according to
current procedures)
January 12
Release Citizen and Stakeholder Surveys; commence
required consultations with Continuum of Care, Public
Housing Authority and other required stakeholders
January 30
NOFA Deadline
January 30
Public Notice: Notify public of Community Meeting
February 6
Complete CDBG Eligibility Reviews
February 17
Community Meeting
February 23
Public Notice: Notify public of Public Hearing No. 1
February 23 -27
Meet with Staff to review priority needs and proposed
strategic plan goals; discuss 2015 -2016 CDBG funding
recommendations
March 10, 2015
Public Hearing No. 1 — Community Needs and Strategies
March 23, 2015
Submit Draft Consolidated Plan to Staff for Review
April 10, 2015
Public Notice: 30 -day Public Review and Comment Period
May 12, 2015
Public Hearing No. 2 —Adoption of the Consolidated Plan
May 14, 2015
Submission to HUD
CDBG PROGRAM ADMINISTRATION
LDM has established systems for the administration of CDBG programs that have been
recognized by HUD as best - practices. This grants management system includes
everything from the NOFA process to grant closeout, as detailed in the City of Newport
Beach CDBG Policies and Procedures prepared by LDM Associates and provided to
the Community Development Department in early 2014. If selected to administer the
LDM Associates, Inc. Page A -3
CDBG program, LDM anticipates maintaining and utilizing the established grants
management system to carry out the scope of work. As a result of the successful
grants management systems that we have developed over the course of two decades
administering HUD Community Planning and Development (CPD) programs, we have
been selected by HUD headquarters as part of a workgroup through the OneCPD
Technical Assistance Program to assist grantees across the nation in establishing
systems for the successful planning, administration and implementation of a wide range
of CPD programs.
ANNUAL MONITORING OF EXISTING AFFORDABLE HOUSING DEVELOPMENTS
To monitor each of the existing affordable housing developments, LDM will prepare and
send an annual request to each owner of record detailing the annual submission
requirements stipulated in the agreement containing covenants (or other appropriate
form of agreement) with the City of Newport Beach and a deadline for submission. Upon
receipt, the annual submission shall be reviewed against the requirements of the
agreement to ensure that the owner has adequately documented compliance with
applicable income and rent restrictions. Upon completion of the annual monitoring
process, LDM will prepare and submit a report to the Community Development
Department — Planning Division detailing the completion of the monitoring and including
any recommendations or corrective actions for City consideration.
LDM Associates, Inc. Page A -4
EXHIBIT B
SCHEDULE OF BILLING RATES
LDM shall provide for the development of the 2015 -2019 Consolidated Plan and the
2015 -2016 Annual Action Plan for a lump -sum, not -to- exceed price of $21,750. We
shall perform the services related to the general administration of the CDBG program,
administration of sub - recipient contracts and annual monitoring of existing affordable
housing developments on an hourly basis in accordance with the rate schedule below,
for a not -to- exceed contract price of $50,000 for the 2015 -2016 program year covering
July 1, 2015 — June 30, 2016. The 2015 -2016 not -to- exceed price of $50,000 reflects
the inclusion of the 2014 -2015 CAPER in a prior agreement and the inclusion of the
2015 -2016 Action Plan as part of the not -to- exceed price for the Consolidated Plan. The
not -to- exceed contract price for subsequent years would be $60,000.
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of January 1, 2015
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
$95.00 /Hr
$90.00 /Hr
$85.00 /Hr
$75.00 /Hr
$55.00 /Hr
$50.00 /Hr
$35.00 /Hr
At Cost plus 10% surcharge
At Cost plus 10% surcharge
LDM Associates, Inc. Page B -1
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 officers, agents,
employees and volunteers.
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
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.
LDM Associates, Inc. Page C -1
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 elected or appointed officers, agents, officials, employees
and volunteers 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 and its officers, officials, employees, and agents 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.
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
LDM Associates, Inc. Page C -2
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
Apr 04 14 11:06a John AForbing 9096205869 p.13
CERTIFICATE OF INSURANCE
This certifies that [] STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
• ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
C7 STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
Q STATE FARM LLOYDS, Dallas, Texas
Insures the following policyholder for the coverages indicated below:
Name of policyholder LDx ASSOCIATES, INC.
Address of policyholder 10722 ARROW ROUTE,SUITE 822 RANCHO CUCAN.ONGA CA 91730
Location of operations ANY
Description of operations ALI,
The policies listed below have been issued to the policyholder for the policy periods shown. The Insurance described In these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any Paid datms.
POLICY NUMBER
TYPE OF INSURANCE .
POLICY PERIOD
Effective Dam ; ExptrationDale
LIMITS OF LIABILITY
at beginning of polioypedod
92 -XV- 9401 -7
Comprehensive 3 -24 -14 03-24 -15
BODILY INJURY AND
..............................
... tress Jabllity
Liability.
PROPERTY DAMAGE
This Insurance lncludes:
'---' ___......_ ..........._................ _.....
® Products - Completed Operations
® Contractual Liability
❑ Underground Hazard Coverage
Each Occurrence $ 1,000,000
Personal Injury
® Advertising Injury
General Aggregate $ 2, 000, U00
Q Explosion Hazard Coverage
El Collapse Hazard Coverage
Products — Completed $2,000,000
Q
Operations Aggregate
Q
POLICYPERIOD
BODILY INJURY AND PROPERTY DAMAGE
EXCES3LIABILITY
Effective Date ; Expiration Date
(Combined Single Limit)
Q Umbrella
Each Occurrence $
Q Other
Aggregate $
Part I STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability
Each Accident $
Disease Each Employee $
Disease - Policy Limit $
POLICY PERIOD
LIMITS OF LIABILITY
POLICY NUMBER
TYPE OF INSURANCE
Effective Date l Expiration Date
(at beginning of policy period)
414 -0373- 808 -75A
ADTOMOBILE
03 -24 -14 03 -24 -15
51,000,000
THE CERTIFICATE OF INSURANCE
IS NOT A CONTRACT
OF INSURANCE AND NEITHER
AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
ADDITIONAL INSURED: CITY OF NEWPORT BEACH, OFFICERS, OFFICIALS, If any of the described policies are canceled before
EMPLOYERS, VOLUNTEERS see attached Its expiration Nale. State Farm will try to mall a written
notica t0 t certlflcate holder 30 days before
cancellation_ I h r, fail to mail such notice.
Name and Address of Certificate Holder no obl gatic or ability wIl be Imposed on State
Farm or its f r re s tatNas.
CITY OF NEWPORT BEACH
MN.UNITY DEVELOPMENT DEPT
ATTN: JAMES CAMPBELL, PRINCIPAL PLANNER 9lgnature of Authorized Representative
"00 Civic Center Drive AGENT 64/04/2024
NEWPORT BEACH, CA, 92E60 7iHe Bale
Agent's OWN Stamp
AFO Code 414
658.894 as 04.1999 Prniedin U.S.A.
Apr041411:06a John A Forbing 9096205869 p.14
NAIME OF INSURED: LDM ASSOCIATES INC
POLICY NUMBER: 92- XV- 9401 -7
CONMI[ERCIAL GENERAL LIABMITY
THIS 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 the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in die Schedule, but only with respect to liability arising out of your use of
premises owned or lensed 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.
A n' rized Si ire
CERTIFICATE OF LIABILITY INSURANCE DATE (06116Pf14
06/18/2014
THIS CERTIFICATE IS ISSUED AS AMATTER 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 pollcy(ies) mus(be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the
policy, Certain policies may require an endorsement. A sto(amenl on this certificate does not confer rights to the certificate holder in lieu of such endomement(s).
PRODUCER
Leatzow Insurance
500 W. Madison St. - Suite 3000
Chicago, IL 60661
CONTACT NAME Karen Bronson
PHONE (312) 930-5556 FAX (866) 741.2778
EMAIL ADDRESS karen@leatzowinsurence.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: New Hampshire Insurance Company
23841
INSURED
LDM Associates. Inc.
10722 Arrow Route
Suite 822
Rancho Cucamonga, CA 91730
INSURER B:
LIMITS
INSURER C:
GENERAL LIABILITY
INSURER O:
INSURER E:
INSURER F:
EACH OCCURRENCE
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM
OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADD
INSR
SUB
W to
POLICY NUMBER
POLICY EPP
IMM/DDIYYYYI
POLICY EXP
(MMr)D/YYYVI
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
is
DAMAGE TO RENTED
PREMISES R NTED nee)
f
COMMERCIAL GENERAL LIABILITY
�CLNMSMAOE OCCUR
El
F-1
MEO EXP(Anyone person)
f
DOES NOT APPLY
PERSONAL AND ADV INJURY
$
GENERAL AGGREGATE
$
GERL AGGREGATE LIMIT APPLIES PER:
PRODUCTS• COMP/OP AGO
$
POLICY PROJECT LOC
$
AUTOMOBILE LIABILITY
❑ANY AUTO ❑Scheduled
Autos
❑ALL OWNED ❑Nona rted
❑❑
DOES NOT APPLY
COMBINED SINGLE LIMIT
(Be accident)
$
BODILY INJURY (Per Person)
$
BODILY INJURY (Per acdd.M)
$
AUTOS Autos
El Hlred Autce
'PROPERTY DAMAGE
(Per accltlaM)
$
UMBRELLA LIAR OCCUR
EACH OCCURRENCE
$
EXCESS LIAR CLAIMS -MADE
DOES NOT APPLY
AGGREGATE
$
OED ❑RETENTION$
$
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY YIN
ANY PRCPRIETORJPARndERIEXECUTIVEn
OFFICERNEMBER EXCLUDED? LL�J
NIA
DOES NOT APPLY
WC STAN.
TCRYUMITS
OTH.
ER
EL. EACH ACCIDENT $
F., L. DISEASE EA EMPLOYEE $
E.L. DISEASE POLICY UMR $
r612=2014
1,000,000 each occurrence
A
PROFESSIONAL LIABILITY
020452543
8/20!2015
1,000,000 aggregate
DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mare space Is required)
CERTIFICATE HOLDER
CANCELLATION
City of Newport Beach, Its officers
officials, employees & volunteers
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
Attn: James Campbell, Principal Plan
THE POLICY PROVISIONS.
100 Civic Center Drive
Newport Beach, GA 92660
AUTHORIZED REPRESENTATIVE
K LEATZOW INSURANCE
®1988 -2010 ACORD CORPORATION, All rights reserved.
ACORD 26 (2010106) The ACCORD name and logo are registered marks of ACORD
POLICYHOLDER COPY SO
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 08 -01 -2014
CITY OF NEWPORT BEACH, COMM DEV DEPT SJ
T MORTIZ, AOMIN ANALYST
100 CIVIC CENTER OR
NEWPORT BEACH CA 62660
GROUP
POLICY NUMBER: 1799108 -2014
CERTIFICATE ID: 29
CERTIFICATE EXPIRES: 08-01-2015
08- 01-2014/08 -01 -2015
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 30 days 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 described 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 #1600 - DAVID MEYER, PRES,SEC,TRES - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -01 -2005 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2014 -08 -01 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF NEWPORT BEACH, COMM DEV DEPT
EMPLOYER
LOM ASSOCIATES INC SJ
10722 ARROW RTE STE 822
RANCHO CUCAMONGA CA 91730
PRINTED : 07 -17 -2014
(REV. 1-2012)
M0409
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/13/15 Dept. /Contact Received From: Terresa
Date Completed: 1/13/15 Sent to: Terresa By: Chris
Company /Person required to have certificate: LDM Associates, Inc.
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 3/24114-3/24/15
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?
1,000,000/2,000,000
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: 3/24/14- 3/24/15
A.
INSURANCE COMPANY: State Farm General Insurance Company
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:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 8/1/14- 8/1/15
A.
INSURANCE COMPANY: State Compensation Insurance Fund
B.
AM BEST RATING (A-: VII or greater): Not Rated
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® NIA ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ❑ Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
• POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
• BUILDERS RISK
® 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:
1/13/15
Agent of Alliant Insurance Services D
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) El NIA ❑ Yes ❑ No
Reason for Risk Management approval /exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.