PROFESSIONAL SERVICES AGREEMENT
CITY OF FORTUNA
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on April 9, 2026, between the City of Fortuna, a California municipality (“City”), and Planwest Partners Inc(“Consultant”).
1. Scope of Services. Consultant shall provide to City the professional services described in the Scope of Services, attached hereto as Attachment A and incorporated herein (the “Services”). Only the City’s governing body or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
Any such authorization shall be in writing and signed by the parties to be effective.
Consultant acknowledges that all documents created under this Agreement are public records and shall be provided to the City promptly upon request to comply with the California Public Records Act.
2. Term. This Agreement shall become effective on April 21, 2026 and shall continue in effect until the Services are completed, unless terminated sooner in accordance with Section 12 of this Agreement. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. City may suspend all or part of the work for its convenience upon written notice.
3. Compensation. For the full and satisfactory completion of the Services, City shall compensate Consultant on a Time and Materials as needed basis as described in Attachment B.
4. Prevailing Wage Laws. Services by persons deemed to be employees of Consultant possibly may be subject to prevailing wages under California Labor Code Sections 1770-1781. Consultant has the sole responsibility to comply with those requirements, should they apply. If a dispute based upon the prevailing wage laws occurs, Consultant, at its expense, shall indemnify, defend (including Consultant’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, wages, costs, or expenses pertaining to the prevailing wage laws.
5. Payment. City shall pay Consultant for services satisfactorily provided during each calendar month within thirty (30) days following City receipt and approval of a detailed invoice. Amounts unpaid 30 days after receipt of the invoice shall bear interest from the date payment is due at the rate of one percent (1%) per month until paid. The invoice must include, at a minimum:
5.1 A description of the specific Services provided,
5.2 the name of the individual providing the Services,
5.3 the date(s) upon which the Services were provided,
5.4 the time spent providing the Services,
PROFESSIONAL SERVICES AGREEMENT
5.5 the amount due for the Services and the basis for calculating the amount due, and
5.6 an itemized summary of Allowable Reimbursable Expenses.
6. Independent Contractor.
6.1 Consultant understands and acknowledges that Consultant is an independent contractor, not an employee, partner, agent, or principal of City. This Agreement does not create a partnership, joint venture, association, or employeremployee relationship between the Parties. At its own expense, Consultant is responsible for providing compensation; employment benefits; disability, unemployment, and other insurance; workers’ compensation; training; permits and licenses; and office space for Consultant and for Consultant’s employees and Subconsultants. Consultant has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons whom Consultant uses in performing the Services under this Agreement. Consultant shall provide the Services in Consultant’s own manner and method, except as this Agreement specifies. Consultant shall treat a provision in Consultant Agreement that may appear either to give City the right to direct Consultant as to the details of doing the work, or to exercise a measure of control over the work, as giving Consultant direction only as to the work’s end result.
6.2 Consultant shall indemnify, defend (including Consultant’s providing and paying for legal counsel for City), and hold harmless City for any obligation; claim; suit; demand for tax or retirement contribution, including any contribution or payment to the Public Employees Retirement System (PERS); social security; salary or wages; overtime, penalty, or interest payment; or workers' compensation payment that City may be required to make on behalf of Consultant, an employee of Consultant, or any employee of Consultant construed to be an employee of City, for the work done under this Agreement.
7. Consultant’s Warranties.
7.1 Consultant warrants that all Services provided under this Agreement shall be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the state.
7.2 Consultant warrants that all Services provided under this Agreement shall be performed in accordance with applicable federal, state, and local laws and regulations.
7.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
7.4 Consultant represents and warrants that it is now, and will remain for the duration of its Services, properly licensed, qualified, experienced, and equipped to perform the Services.
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7.5 Consultant possesses the competence, experience, expertise, skill, facilities, equipment, personnel, financial wherewithal, and other resources necessary to perform this Agreement and the Services in a professional and competent manner.
7.6 Consultant represents and warrants that the Services and the sale or use of the Services shall not infringe, directly or indirectly, on any valid patent, copyright or trademark, and Consultant shall, at Consultant 's sole cost and expense, indemnify, defend and hold harmless the City from and against any and all claims and causes of action based on alleged or actual infringements thereof.
7.7 These warranties shall survive the expiration or termination of this Agreement, and are in addition to any warranties provided by law. No payment to Consultant for any Services performed hereunder (including, without limitation, final payment) shall constitute a waiver of any Claims by the City against Consultant relating to the Services.
7.8 Consultant shall comply with the City of Fortuna Conflict of Interest Code and the California Political Reform Act and applicable regulations promulgated by the Fair Political Practices Commission.
7.9 Consultant shall perform all services in accordance with the degree of care and skill ordinarily exercised by professionals in the same field and locality under similar circumstances, as required by Civil Code § 2782.8.
8. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a .pdf (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows:
City: City of Fortuna
Attn: City Manager
P.O. Box 545
Fortuna, CA 95540
Phone: (707) 725-1410
Email: [email protected]
Consultant: Planwest Partners Inc.
670 9th St #201
Arcata, CA 95521
9. Indemnity.
9.1 General. For purposes of the following indemnification provisions, the phrases “design professional” and “design professional services” shall have the same
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meaning as set forth in California Civil Code section 2782.8. If any term, provision or application of this Section 9 is found to be invalid, in violation of public policy or unenforceable to any extent, such finding shall not invalidate any other term or provision of this Section 9 and such other terms and provisions shall continue in full force and effect. If there is any conflict between the terms, provisions or application of this Section 9 and the provisions of California Civil Code Sections 2782 or 2782.8, the broadest indemnity protection for the City under this Section 9 that is permitted by law shall be provided by Consultant.
9.2 Indemnification for Design Professional Services Claims. Consultant shall indemnify, defend and hold harmless the City, its governing board, directors, officers, employees, and agents against any claims that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its employees, subcontractors, and agents in the performance of design professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City, or defect in a design furnished by City, but in no event shall the amount of such Consultant’s liability exceed such Consultant’s proportionate percentage of fault as determined by a court, arbitrator or mediator, or as set out in a settlement agreement. In the event one (1) or more defendants to any action involving such claim or claims against City is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with the other parties to such action regarding unpaid defense costs. Notwithstanding the foregoing, for any direct claims initiated by the City exclusively against Consultant unrelated to, and without limitation on, Consultant’s indemnity or defense obligations for third-party claims, Consultant will not be obligated to provide the City a defense for the direct claim but, in the event the City prevails in such direct claim, Consultant shall be subject to Section 15.13, below, concerning the the reimbursement of its reasonable attorneys’ fees and court costs.
9.3 Indemnification for All Other Claims or Loss. For any claim, loss, injury, damage, expense or liability other than claims arising out of Consultant’s performance of design professional services under this Agreement (e.g., those types of claims usually covered by general liability insurance or automotive liability insurance), Consultant shall indemnify, defend and hold harmless City, its governing board, directors, officers, employees, and agents against any claim for loss, injury, damage, expense or liability resulting from or alleging injury to or death of any person or loss of use of or damage to property, arising from or related to the performance of services under this Agreement by Consultant, its employees, subcontractors, or agents, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City, or defect in a design furnished by City.
9.4 Indemnification Not Limited by Availability of Insurance; Survival. The obligations set forth in this Section 9 (including, without limitation, the indemnification and defense obligations) are not limited by any limitation on the amount, coverage or type of damages available under any applicable insurance policy held by Consultant and
PROFESSIONAL SERVICES AGREEMENT
shall survive the expiration or early termination of this Agreement with respect to any liability subject to the indemnity obligations created by this Agreement.
10. Insurance. Consultant shall comply with the Insurance Requirements for Professional Services, as described in Attachment C hereto and incorporated herein, during the Term of this Agreement.
11. Dispute Resolution. In the event that any dispute arises between the parties in relation to this Agreement, the parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the parties agree to submit the dispute to mediation.
11.1 Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session must take place within sixty (60) days after the date that such notice is given, or sooner if reasonably practicable. The parties shall jointly appoint a mutually acceptable mediator. The parties further agree to share equally the costs of the mediation, except costs incurred by each party for representation by legal counsel.
11.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute.
11.3 Consultant shall continue to perform Services during any dispute or mediation unless the City directs otherwise in writing.
12. Early Termination.
12.1 Termination for Convenience. City may terminate this Agreement for convenience by giving ten (10) calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it shall pay Consultant for services satisfactorily provided up to the effective date of termination.
12.2 Termination for Cause. If either party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other party may terminate this Agreement by giving written notice ten (10) calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination. Consultant shall be entitled to payment for all services satisfactorily provided up to the effective date of termination, except that the City may withhold from that payment the amount of costs the City incurred, if any, because of Consultant’s alleged breach of the Agreement.
PROFESSIONAL SERVICES AGREEMENT
13. Work Product. Consultant’s pre-existing proprietary materials, software, models, and tools shall remain the property of Consultant, but Consultant grants the City a perpetual, royalty-free license to use any such materials included in the deliverables.
14. Audit. During this Agreement’s Term and for a period of four (4) years after the expiration, cancellation, or termination of this Agreement, or any extension of it, Consultant shall:
14.1 Keep and maintain, in their original form, all records, books, papers, or documents related to Consultant’s performance of this Agreement; and
14.2 Permit City or its authorized representatives, at all reasonable times, to have access to, examine, audit, excerpt, copy, photocopy, photograph, or transcribe all records, books, papers, or documents related to Consultant’s performance of this Agreement including, but not limited to: direct and indirect charges, and detailed documentation, for work Consultant has performed or will perform under this Agreement.
15. General Provisions.
15.1 Assignment and Successors. Neither party may transfer or assign its rights or obligations under this Agreement, in part or in whole, without the other party’s prior written consent. This Agreement is binding on the heirs, successors, and permitted assigns of the parties hereto.
15.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement.
15.3 Nondiscrimination. Consultant shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
15.4 Choice of Law and Venue. This Agreement shall be governed by California law, and venue shall be in the Superior Court for the county in which City is located, and no other place.
15.5 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions, or portions of the Agreement shall remain in full force and effect.
15.6 Amendment. No amendment or modification of this Agreement shall be binding unless it is in a writing duly authorized and signed by the parties to this Agreement.
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15.7 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement shall be deemed to be inserted, and this Agreement shall be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement shall be amended to make the insertion or correction.
15.8 Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties regarding the subject matter of this Agreement and supersedes all prior written or oral understandings or agreements of the parties.
15.9 Attachments. If any provision in any attachment to this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement shall control over the conflicting or inconsistent provisions in the attachment.
15.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
15.11 Force Majeure. If either party is delayed or hindered in or prevented from the performance of any act required hereunder because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the party delayed, excluding financial inability (“Force Majeure Event”), performance of that act shall be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance shall be extended for an equivalent period. Delays or failures to perform resulting from lack of funds shall not be Force Majeure Events.
15.12 Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.
15.13 Attorneys Fees and Venue for Disputes. If litigation becomes necessary to enforce the terms and provisions of this Agreement or as a result of any breach by Consultant or the City of this Agreement, the prevailing party in any such litigation shall be entitled to recover reasonable attorney’s fees and costs. The Humboldt County Superior Court for the State of California shall have exclusive
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jurisdiction over any dispute arising out of this Agreement or Consultant’s provision of Services hereunder, and shall serve as the venue for any such dispute.
All parties expressly consent to this designation of jurisdiction and venue.
15.14 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
15.15 Authorization. Each individual executing this Agreement, or its counterpart, on behalf of the respective party, warrants that he/she is authorized to do so and that this Agreement constitutes the legally binding obligation of the entity which he/she represents.
15.16 Government Code 1097.6 Safe Harbor. Consultant’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
SIGNATURE PAGE FOLLOWS THIS PAGE
PROFESSIONAL SERVICES AGREEMENT
The parties agree to this Agreement as witnessed by the signatures below:
CITY: CONSULTANT:
City of Fortuna Planwest Partners Inc.
s/_______________________________ s/_________________________ Amy Nilsen, City Manager Vanessa Blodgett, Partner
Date: ___________________________ Date: ______________________ Attachments:
Attachment A: Scope of Services
Attachment B: Consultant’s Fee Schedule
Attachment C: Insurance Requirements for Professional Services 4/9/2026
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Task 1.0: Project Kickoff, Coordination, and Management Task 1.1 Project Management
Michelle Nielsen will serve as the Planwest team’s Project Manager. She will oversee the organization, administration, and technical production of all tasks and sub-tasks of the project. Michelle will ensure the dayto-day management of the contract is efficient and aligned with the direction and objectives of City staff.
Project management activities include:
• The Planwest Project Manager and other team members, as needed, will attend bi-weekly virtual meetingswith theCity to ensure the projectremains on schedule and budget. The meeting schedulemay be modified in response to phasing, milestones, or workflow needs. Before each meeting, the Planwest team will provide a brief agenda, status report, and updated schedule brief for the upcoming tasks. • The Planwest team will provide City staff with post-meeting summaries, including any action items (Word).
• On an as-needed basis to address any issues that may arise between project team meetings, the Planwest team will be available for periodic discussions with the City Manager and City staff. • Planwest will provide monthly invoices by the 15th of the following month. All invoices will be supported by documentation of expenses of time and materials.
Task 1.2 Review of 6th Cycle Housing Element and Data Collection Before the kick-off meeting and working session, Planwest will conduct a thorough review and annotation of Fortuna’s entire adopted 6th Cycle Housing Element. We will identify the sections of the Housing Element that require updates and the anticipated extent of those updates (e.g., minor vs. substantive), aswell as newsections that must be added to meet new State law requirements. This annotated document will serve as the roadmap for updating the Housing Element. We also review the City’s 6th Cycle Housing Element annual progress reports to identify any possible housing development trends. The General Plan EIR will be consulted to preliminarily assess CEQA environmental review. Planwest will also compile a comprehensive list of necessary City data and documents to ensure the Housing Element incorporates and reflects information from local sources.
Task 1.3 In-Person Kick-off Meeting and Working Session Planwest team representatives will coordinate and lead a collaborative half-day kick-off meeting/working session with City staff. The kick-off portion of the meeting will include a comprehensive review of the scope/schedule/budget, and refine roles and responsibilities and expectations for schedule, process, and work products. Before the kick-off meeting, the Planwest team will prepare and distribute a detailed draft work program including a schedule of task phasing, milestones, and deliverable schedule. The work plan will be finalized based on review and input received at the kick-off meeting. We will review the annotated document prepared in Task 1.1 with City staff during the kickoff meeting and use it to refine the scope of work, priorities, deliverables, and responsibilities.
The working session portion of the meeting will focus on City staff providing input on key housing element topics:
the current site inventory, updates on the status of existing sites, any pending residential projects, and City staff input and insights on potential newsites to help position the City for the region’s significant RHNA increase. Other discussion topics for the working session will include City input on the effectiveness of current housing programs for the City and community, any noted programgaps, and the City’s objectives for community engagement, along with any new State housing element legalrequirements, and reviewing the list of necessary data and documents, and developing a schedule for the City to deliver these items. Planwest will discuss the outreach strategy with City staff to ensure we build on the City's ongoing visioning work.
Key Task 1.0 Deliverables:
Detailed work program (schedule and timeline), and budget tracking document. Post-meeting summaries to document City staff direction on housing element topics reviewed (e.g., programs, sites).
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Task 2.0: Community Outreach and Engagement
The overarching objectives of the design of the Planwest team’s community outreach and engagement tasks are to provide formeaningful and inclusive participation and tomake a diligent effortto reach all economic segments of the community, including underrepresented populations, and to satisfy the requirements of GC section 65583(c)(9). We also recognize that community inputs from the listening and visioning sessions led by Jen Rice Consults, which began in 2025 and are still underway, could be leveraged to refine the scope of community outreach and engagement for preparation of Fortuna’s 7th Cycle Housing Element. The scope of work and budget for this task reflects an approach to build upon this community engagement work rather than duplicating it. Even so, Planwest remains flexible and open to refining outreach strategies in coordination with City staff to best meet community priorities, and the project’s outreach goals and objectives.
Task 2.1. Develop a Detailed Outreach and Engagement Strategy Planwest recognizes that the community listening sessions conducted by Jen Rice Consults will provide insights into the community’s priorities and thoughts for the City’s future. The design of the community listening sessions includes a range of community voices and perspectives, including those traditionally underrepresented in planning processes, and uses various formats–community workshops, focus groups, and interviews. To leverage this engagement work, Planwest will coordinate with City staff to review the details of this engagement and identify any gaps (e.g., input from stakeholders representing special populations such as affordable housing providers). If the analysis identifies gaps, in collaboration with City staff, Planwest will develop strategies to close them and ensure public outreach for the Housing Element meets the requirements of State Housing Element law.
Planwest will do this by:
• Conducting coordination meetings with City staff to refine community priorities, outreach goals, and desired levels of engagement for the Housing Element update. • Perform a gap analysis by compiling, reviewing, and analyzing listening campaign reports and other related materials and information for the Fortuna Strategic Plan and General Plan Updates to identify any gaps with the public outreach and engagement requirements of State law and HCD-recommended practices.
• Evaluating outreach tools and methods appropriate for the City of Fortuna, such as workshops, surveys, interviews, online engagement, andwritten comment opportunities, in light of community size, capacity, and available resources.
Tasks 2.2 Development and Management of a Housing Element Update Website Planwest will develop and manage a dedicated Housing Element website and prepare public-facing communications to simplify the day-to-day outreach logistics and ensure compliance with AB 215’s posting and notification requirements. The Planwest-managed housing element website will be maintained throughout the update process and will serve as a dedicated landing page for announcing public engagement opportunities, associated links, and key project milestones. As residents are familiar with the City’s website and other communication platforms (e.g., social media, physical posting locations), Planwest will also provide ready-touse content designed for use across the City’s existing platforms.
In coordination with the City, Planwest will prepare clear, accessible public announcements to support community awareness and engagement in the 7th Cycle Housing Element update. All materials will be written in plain language and will explain the purpose of the Housing Element, the value of public input, and opportunities for community participation.
Planwest will coordinate with City staff on timing and preferred platforms. The City will retain final control over publishing and distribution on City-managed platforms, with Planwest supplying prepared content and maintaining the project website. Content will be provided in English and Spanish, with additional locally spoken Proposal for the City of Fortuna February 2026
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prevalent languages based on City staff direction and demographic data. The project budget assumes materials will be translated using Google Translate or Microsoft’s translation tools.
Task 2.3 Public Online Survey
The Planwest team, in coordination with the City, will design, administer, and analyze an online public opinion survey to gather community input to help inform various sections of the 7th Cycle Housing Element. The survey will be designed to allow Fortuna residents to provide anonymous input on their housing preferences, opportunities, and challenges. Survey questions will be written in plain language. To encourage participation across a wide range of community members, the survey will be available in English and Spanish, with additional locally spoken prevalent languages based on City staff direction and demographic data, and will be mobilefriendly. Residents will also have the option to complete a paper survey.
The survey will be promoted via social media, announcements, and fliers with QR codes. Survey promotion materials will be in the same languages as the survey. In addition to the Planwest-managed website, the survey will be distributed through City communication channels (e.g., City website, social media, email lists). The Planwest team will coordinate with the City to ensure the survey reaches traditionally underrepresented populations.
Upon survey close, Planwest will compile and analyze survey responses as part of Task 3.7 (Results of Community Outreach and Engagement), including basic demographic cross-tabulation where feasible. The project budget assumes materials will be translated using Google Translate or Microsoft’s translation tools.
Task 2.4 Resident and Stakeholder Interviews
The extent of resident and stakeholder interviews will be informed by Planwest’s gap analysis of the community listening sessions and visions discussed above. Depending on that analysis, Planwest team, in coordinationwith the City, will conduct 5 to 8 follow-up and new interviews with residents. To ensure resident interviews provide opportunities to explore different housing needs and desires, Planwest will review available demographics from the listening and visioning sessions to ensure there is a diverse group of Fortuna residents, including those who are less likely to engage in formal public processes, like renters, students, families with young children, people with disabilities, and older adults.
The gap analysis will include a review of stakeholders who participated in the listening and visioning sessions and the nature of their input. This analysis will also ensure the Housing Element’s outreach includes key internal and external housing stakeholders, such as the departments of Public Works and Parks and Recreation, affordable housing providers, civic groups and institutions (e.g., Saint Joseph Pantry Shelf in Fortuna, the Eugene Lucas Center, Senior Resource Center, etc.), local schools, business leaders, property owners, and the real estate industry. Planwest will also assess whether stakeholder input and information pertinent to Housing Elements development have been provided.
For this task, Planwest will prepare draft and final resident and stakeholder interview questions. Upon completion of the interviews, Planwest will compile and analyze survey responses as part of Task 3.7 (Results of Community Outreach and Engagement), including basic demographic cross-tabulation where appropriate.
The project budget assumes one round of consolidated City staff review edits for each deliverable.
Task 2.5 Community Workshop
Planwest will lead and facilitate one community workshop that will use the survey and interview findings from tasks 2.3 and 2.4, along with housing data from tasks 3.2 and 3.3, to get residents and local leaders to engage in a generative discussion together. The workshops will be structured to support public understanding and public participation. Planwest will prepare meeting materials, including announcements, facilitate discussions, and document public input. As part of Task 3.7, input received during the community meetings will be summarized and incorporated into theHousing Element, including the housing needs assessment, constraints analysis, AFFH Proposal for the City of Fortuna February 2026
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analysis, and development of goals, policies, and implementation programs. Planwest will coordinate closely with City staff regarding meeting logistics and notice requirements.
Task 2.6 Updates to the City Council and Community
Planwest will attend up to three (3) City Council regular meetings to provide brief updates to the Council and residents on the key Housing Element update next steps and upcoming public engagement opportunities. For our first meeting, planned for one of the Council’s regular Aprilmeeting, we would introduce the Housing Element update roadmap, socialize the Planwest-managed website, and review upcoming public engagement opportunities (e.g., the online survey and workshops). The activities of this task are in addition to Planwest’s participation in the Housing Element public hearings described in Tasks 4.3 and 5.2.
Key Task 2.0 Deliverables:
Draft and final community outreach and engagement strategy memo (Word/PDF). Development and management of a Planwest-managed housing element website for the duration of the update process.
Draft and final platform-ready announcement content for City distribution (English and Spanish; Word/PDF).
Draft and final Stakeholder Interview Questions (Word/PDF). Draft and release of the final Public Survey Questions (English and Spanish; Word/PDF). Lead and facilitate one community workshop.
Task 3.0: Prepare Housing Element Sections
Planwest will consult and collaborate with City staff during the preparation of the various Housing Element sections. The deliverables for Task 3.0 are detailed in Tasks 4.0 through 6.0 below.
Task 3.1: Evaluation of 2019 – 2027 Housing Element and Document Review Planwest will evaluate the performance of the 6th Cycle Housing Element’s goals, objectives, and programs to meet the requirements of GC section 65588(a). A performance evaluation will be prepared for each program and will include an assessment of the program’s appropriateness and effectiveness based on the results of the 6th Cycle. Additionally, Planwest’s assessment will recommend improvements to meet the community’s needs and address housing element legal requirements based on the results of the 6th Cycle and with input from City staff.
This task includes Planwest conducting a comprehensive review of the City’s existing relevant land use regulations and environmental documents, regional plans (e.g., the HCAOG’s Regional Transportation Plan), and State documents, especially those from HCD.
Task 3.2 Housing Needs and Special Populations Needs Assessment Planwest will prepare the housing needs assessment (i.e., housing profile) pursuant to GC sections 65583 and 66583.1 with the best available data, including information from the U.S. Census, the California Department of Finance, the California Employment Development Department, the U.S. Department of Housing and Urban Development, the U.S. Department of Agriculture. Planwest will consult with City staff as local experts on the community’s housing needs and existing conditions. The updated housing needs assessment will include information on the following topics:
• Population, including demographics, and employment trends; • Household characteristics, including trends, tenure, overcrowding; • Overpayment of income and tenure;
• Project housing needs by income group;
• Housing stock conditions, including type, cost, and vacancy, and estimated number of units in need of rehabilitation and replacement
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• Housing needs for special populations (i.e., senior households; persons with disabilities, including a developmental disability; acutely-low and extremely-low income households; large families; farmworkers; single-parent and single-parent female-headed households; people experiencing homelessness;
• At-risk housing (i.e., assisted affordable housing at risk of converting to market rate during the next 10 years).
Task 3.3 Housing Constraints and Opportunities
Planwest will lead the review and update of the housing constraints analysis, which identifies and analyzes potential and actual governmental and non-governmental constraints to the maintenance, improvement, or development of housing for all income levels. This task includes incorporating any recent changes in the analysis (e.g., new ordinances and fees) and complying with new requirements related to governmental constraints for special needs housing (e.g., group homes, supportive housing, low barrier navigation centers, emergency shelters, accessory dwelling units). With input from City staff, the analysis will consider the location and adequacy of the City’s public facilities, maintenance, and needed improvements. Planwest will also update information in the nongovernmental constraints related to land costs, construction costs, and the availability of financing. City staff will provide updated information on the length of time between project approval and request for a building permit and any requests the City has received for reduced density. As part of this task, Planwest will also identify existing administrative, regulatory, and financial housing resources and opportunities.
While Planwest will take the lead, this task assumes that City staff will provide the necessary inputs and interpretations of code to complete this update. After completing the analysis, Planwest will identify potential programs to remove or mitigate any identified constraints.
Task 3.4 Sites Inventory
Planwest will review and update the sites inventory to comply with current state requirements and demonstrate the City’s capacity to meet its RHNA for the 7th Cycle planning period. This task assumes close collaboration between Planwest and City staff throughout its completion. Preparation of the sites inventory will include all of the following activities and elements:
• City staffwillreviewand update Table 34 (Vacant Residential Sits Inventory), and associated figures from the current Housing Element, identifying sites that have been developed, are now in the development pipeline, or should be removed from the inventory.
• City staff, with guidance from Planwest, will also provide detailed information on approved residential projects currently pending in the City’s pipeline that are expected to be constructed during the 7th Cycle Housing Element planning period, including unit counts by income level, status, remaining steps, and expected completion.
• Planwestwillwork closely with City staff to identify any newly available sites not included in the previous Housing Element, including sites that may be available through General Plan amendments and other amendments completed since the current Housing Element was adopted in 2019. Planwest, with City staff input, will assess each site’s suitability for housing development, considering zoning, physical, and environmental constraints. City staff will assist Planwest in updating and developing site profiles for current and newly identified sites.
• Planwest will review the buildout assumptions based on changes in allowable densities, analysis of recently built housing developments, and site-specific limitations. Planwest, in consultation with City staff, will update any assumptions as needed. City staff will provide the necessary local knowledge of individual sites and their constraints to develop realistic capacity assumptions. Planwest will then calculate the realistic capacity of each parcel and prepare a map or series of maps showing all available sites.
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• Planwest, and in consultation with City staff, will identify any sites being reused from previous housing elements, which are subject to GC section 65583.2(c).
• Planwest will work with City staff to prepare an assessment of the adequacy of water and wastewater infrastructure to meet housing needs, based on infrastructure capacity information provided by City staff.
• Planwest will work with City staff to evaluate known environmental constraints and hazards (e.g., flooding, fire hazards, seismic safety, riparian and wetland habitat areas) at a programmatic level, and how they relate to sites in the inventory.
• Should non-vacant sites with existing residential uses be included in the sites inventory, the affordability of the units will be assessed, an anti-displacement analysis will be performed, and replacement housing obligations will be identified.
Planwest will assess baseline capacity relative to the City’s assigned 7th Cycle RHNA. To set up the City for compliance with No Net Loss Law (GC section 65863) throughout the 7th Cycle planning period, Planwest will work closely with City staff to ensure the sites inventory provides for HCD’s recommended buffer of 15 to 30 percent.
Should the results of the sites inventory task indicate a shortfall of sites or an insufficient buffer, Planwest will identify the required rezonings and develop an implementation program meeting the requirements of GC sections 65583(c), and subparagraphs (c) and (h) of 65583.2.
Planwest will prepare an electronic copy of the sites inventory using HCD’s required Excel workbook, which will be submitted to HCD with all draft and final versions of the 7th Cycle Housing Element.
Task 3.5 AFFH Analysis and Action Plan
Planwest will update the AFFH data and analysis in the 6th Cycle Housing Element to meet AB 686 requirements.
We will update the current section using available data sources, including HCD’s AFFH mapping tool and other relevant state and federal datasets. Because the state and national AFFH data are at the census tract and blockgroup level, Planwest will supplement these data with local knowledge and data (quantitative and qualitative), following HCD’s recommended best practices for small rural cities. To ensure the AFFH analysis accurately reflects local on-the-ground conditions, Planwest will interview select City staff (e.g., directors of public works, planning, code enforcement), leaders of non-profit community organizations (e.g., resource centers), to ascertain local conditions and the presence of patterns, if any, related to capital improvements, infrastructure investment, community amenities and resources, and other observed demographic and socioeconomic patterns. The local knowledge generated by this effort will be incorporated into the AFFH analysis, which will include:
• A summary of fair housing issues and an analysis of fair housing enforcement and outreach. • An analysis of local and regional patterns and trends related to integration and segregation. • Identification and analysis of Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) and Areas of Affluence.
• Assessment of disparities in access to opportunity, including access to education, employment, transportation, services, and housing for persons with disabilities. • Analysis of disproportionate housing needs that affect protected classes (e.g., overpayment, overcrowding, housing conditions), including displacement risk. • Identify the primary contributing factors to fair housing challenges within the community; and • The extent to which the City’s draft housing sites inventory supports fair housing outcomes.
Based on this analysis, Planwest will develop the required AFFH Action Plan that will consist of specific commitments designed to address the contributing factors scaled to the City’s size, capacity, and housing Proposal for the City of Fortuna February 2026
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market conditions. Actions will be structured to be clear, measurable, state geographic targets, and implementable within the 7th Cycle planning period as required.
Task 3.6: Analysis of Disadvantaged Communities (SB 244) Planwest will leverage our extensive experience and work with Local Agency Formation Commissions (LAFCOs) to prepare an analysis of Disadvantaged Unincorporated Communities (DUC) pursuant to SB 244 and incorporate the results into the draft Housing Element as appropriate. This will include a review of currently available census data, county and city General Plans, prior Municipal Service Reviews (MSRs), and other planning documents as necessary to develop a comprehensive review of DUC. If appropriate, the task will include spatial analysis to examine the geographic relationship between identified DUCs, existing service boundaries, planned infrastructure improvements, and areas identified for future housing development in the Housing Element. Where relevant, Planwest will assess how these conditions intersect with fair housing considerations, housing needs, and access to opportunity.
Depending on the outcomes of the analysis, and if necessary, Planwest will prepare clear, policy-level findings suitable forincorporation into the 7thCycleHousing Element. Where appropriate, Planwestwill identify potential strategies or implementation considerations to address identified issues, recognizing that SB 244 does not require immediate infrastructure expansion but does require thoughtful consideration and planning coordination. The analysis will be coordinated closely with City staff to ensure accuracy, consistency with local knowledge, and alignment with adopted City and County planning documents.
Task 3.7 Results of Community Outreach and Engagement (Task 2) As detailed in Task 2 (Community Outreach and Engagement), the Planwest team will develop and implement an inclusive engagement strategy that makes a diligent effort to achieve public participation of all economic segments of the community to inform the housing element, and to meet the requirements of GC section 65583(c)(9). Planwest will compile and analyze quantitative and qualitative data and information gathered from the Task 2 stakeholder interviews, the online survey, and the community workshop to document public input.
Planwest will prepare a summary of key themes and findings presented in a clear narrative suitable for inclusion in the Housing Element and for presentation to decision-makers and the public. These findings will inform the housing needs and special population needs assessment, constraints analysis, sites inventory, AFFH analysis, and the development of goals, policies, housing programs, and quantified objectives.
Task 3.8 Goals, Policies, Programs, and Quantified Objectives Planwest will lead the development of new and updated housing goals, policies, and implementation programs to reflect current efforts and priorities, and comply with new housing element law requirements. Planwest will use the findings from Task 2.0 and Tasks 3.1 through 3.7 to inform updates of the goals, policies, programs, and quantified objectives for the 7th Cycle Housing Element. Planwestwill also provide direction on changes needed based on the evaluation of the existingHousing Element(Task 3.1),the analysis of housing needs and constraints (Tasks 3.2 and 3.3), community input from the community engagement program (Task 2), and overall best practices. Planwest will work with City staff to ensure that each implementation program has a specific time frame, quantified objective, identifies the departments responsible, and a geographic target. Also, the AFFH action plan (Task 3.5) will be integrated into the Housing Element programs to ease post-adoption implementation and reporting.
Planwest will consult closely with City staff to review and refine the preliminary housing programs and housing sites assumptions thatwill form the foundation of the 7th Cycle Housing Element. This task is intended to ensure early alignment between City priorities, realistic development assumptions, and State Housing Element requirements prior to preparation of detailed policy language and the formal sites inventory. Planwest, in consultation with City staff, will participate in HCD-hosted technical assistance office hours for the purpose to getting early HCD feedback and guidance on best practices and possible approaches to address issues.
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As part of this task, Planwest will also work collaboratively with City staff to update the discussion of funding resources available for affordable housing programs and opportunities for energy conservation. City staff will provide information on local housing programs and initiatives, as well as relevant state and federal funding programs currently available for affordable housing. For the energy conservation section, City staff will similarly provide input to reflect new local and regional programs and initiatives. Planwest will supplement with information on recent changes to the state building code related to energy efficiency.
Task 4.0: Draft Housing Element
Task 4.1 Administrative Draft Housing Element
Planwest will compile the components developed in Task 3 into a cohesive, formatted administrative draft Housing Element. Planwest’s administrative draft will utilize the current Housing Element’s Word template and will generally follow the organization of the current Housing Element. On the other hand, Planwest is flexible and welcomes City staff input and direction on modifications to the Element’s organization and format. The administrative draftwill be submitted to City staff to review/approve. This task assumes City staffwill provide one set of consolidated, clear, and directive comments on the administrative draft, using Microsoft’s Track Changes, to support an efficient revision process.
Task 4.2 Public Review Draft Housing Element
Planwest will review and revise the administrative draft Housing Element to address one round of City staff comments and will prepare the Public Review Draft Housing Element for City staff to review/approve. Planwest will deliver two versions of the public review draft: a clean copy and a track changes copy to clearly show all revisions made to address City comments. Upon receipt of the City’s review/approval, Planwest will transmit the Public Review Draft to the City for posting on the City’s website, and we will post it on the Planwest-managed website for 30 days. Also, Planwest will send emails to persons and organizations that previously requested notices relating to the City’s 7thCycleHousing Element. Planwestwill coordinatewith City staff to confirmdates, posting locations, and distribution methods used throughout the process.
This task assumes that only minimal changes would be needed after City staff’s review/approval. If additional discussion or substantive revisions are needed after City review, a budget amendment may be needed.
Task 4.3 Schedule, Notice, and Conduct a Public Hearing for the Public Review Draft Housing Element Planwest will present the Public Review Housing Element at one (1) public hearing before the City Council.
Planwest will coordinate closely with City staff on meeting logistics, agenda placement, noticing requirements, and the preferred presentation format. Vanessa Blodgett and Michelle Nielsen will be available to attend the meeting, presentthematerials, facilitate discussion and input on the PublicReviewDraft oftheHousing Element, and document any input from the City Council and the public for incorporation into the 7th Cycle Housing Element.
Task 4.4 Prepare HCD Review Draft
Upon completion of the 30-day public review period, Planwest will spend the next 10 business days considering and incorporating public comments. We will also revise the Housing Element to incorporate input and direction from the Planning Commission and City Council. Planwest will deliver two versions of the HCD Review Draft to City staff for review/approval: a clean copy and a tracked changes copy that clearly shows all revisions made in response to comments and input. Upon receipt of the City’s review/approve, and completion of the AB 215 period, Planwest will submit the first HCD draft of the Housing Element to HCD to begin their 90-day review period. The HCD submittal package will also include the Excel sites inventory workbook completed in Task 3.4, and a cover letter documenting the City compliance with the requirements of AB 215. Planwest will submit the Housing Element to HCD using their portal, HCD Connect.
Concurrently, Planwestwill post the firstHCDReview Draft to the Planwest-maintainedwebsite, andwewill send emails to persons and organizations that requested notices relating to the City’s 7th Cycle Housing Element.
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This task assumes City staff will provide necessary authorizations to HCD to allow Planwest to register an HCD Connect account on the City’s behalf for this purpose.
Task 4.5 Coordinate HCD Review of the HCD Review Draft, and Incorporation of HCD’s Requested Revisions Planwest will serve as the City’s point of contact throughout the HCD review process. We will facilitate virtual meetings/phone calls requested by HCD during their 90-day reviewperiod, and Planwestwillreviewand respond to informal feedback provided by HCD during their 90-day review period.
Should HCD find that the draft Housing Element requires revisions to comply with Housing Element Law, Planwest will coordinate and schedule a meeting (virtual or telephone) with HCD staff, City staff, and Planwest to review and discuss their findings and necessary revisions to produce a compliant Housing Element.
Following receipt of HCD’s findings letter on the HCD Review Draft, Planwest willwork in close coordination with City staff to address and incorporate HCD’s requested revisions, preparing targeted revisions to the Housing Elementtext,tables, figures, and supporting analyses as needed. This task is intended to ensure thattheHousing Element is revised in a manner that fully responds to State comments and supports timely certification.
Planwest will prepare a response-to-comments memorandum or similar documentation summarizing how each HCD comment has been addressed, including references to specific revised sections of the Housing Element.
Planwest will coordinate with City staff to review/approve the proposed revisions prior to posting to the webpage and resubmitting to HCD for the subsequent 60-day review after the AB 215 7-day noticing period.
This task assumes incorporation of revisions necessary to achieve HCD conditional approval or certification and is limited to the scope of comments issued by HCD during the applicable review periods.
Key Task 4.0 Deliverables
Administrative draft Housing Element and Public Review Draft Housing Element addressing City comments (Word).
HCD Review Housing Element draft, and revised Housing Element drafts addressing HCD comments (Word/PDF).
HCD submittal packages: transmittal letters; memos documenting compliance with AB 215 required public review periods, posting of draft Housing Element documents, notification of interested parties; Excel sites inventory workbook (Word/PDF/Excel).
Response-to-HCD Comments memorandum or comment matrix (Word/PDF).
Task 5.0: Preparation of Housing Element for Adoption and Public Hearings Planwest will prepare and present the final Housing Element for adoption at two (2) public hearings: one hearing before the Planning Commission, and another before the City Council.
Task 5.1 Prepare Hearing Notices, Staff Reports, Findings, Adoption Resolutions, and PowerPoints for Planning Commission and City Council Hearings
Planwest will prepare the required notice and adoption materials to support the formal consideration and adoption of the 7th Cycle Housing Element by the Planning Commission and City Council. This task is intended to ensure that the Housing Element adoption is procedurally complete, legally defensible, and clearly documented for subsequent submittal to HCD.
Planwest will prepare public hearing notices for posting and publication. Our staff report will summarize the Housing Element update process, including statutory requirements, public participation efforts, major policy components, and key revisions made in response to HCD comments. The staff report will describe the relationship between the adopted Housing Element and applicable State Housing Element law. Planwest will draft the required findings and adoption resolution for the Planning Commission and the City Council. Findings will bewritten to clearly support adoption of theHousing Element, document consistencywith State law, address public participation requirements, and reference completion of CEQA and tribal consultation obligations. The Proposal for the City of Fortuna February 2026
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adoption resolution will be formatted to meet City standards and will include all required statements for formal adoption and authorization to submit the adopted Housing Element to HCD for certification.
Additionally, Planwest will prepare a PowerPoint presentation for the adoption hearing. The presentation will summarize the purpose of the Housing Element, key components of the update, public outreach conducted, responses to HCD comments, and next steps following adoption. The presentation will be structured to support public understanding and facilitate Planning Commission and City Council discussion and decision-making.
Planwest will coordinate closely with City staff to ensure materials are consistent with City formatting preferences and agenda requirements. One round of consolidated City staff review comments is assumed for each deliverable under this task. This task assumes the City will retain responsibility for posting public hearing notices in accordance with Fortuna Municipal Code and State law, including publication in a local newspaper of general circulation.
Task 5.2 Present the Adoption Draft Housing Element at Public Hearings Planwest will present the adoption draft Housing Element at public hearings before the Planning Commission and City Council and respond to questions.
Key Task 5.0 Deliverables:
Draft notices for the public and for government agencies (English and Spanish; Word/PDF). The project budget assumes materials will be translated using Google Translate or Microsoft’s translation tools. Draft and Final Planning Commission and City Council staff reports, findings, and resolutions (Word/PDF).
Planning Commission and City Council Adoption Hearing Presentation (PowerPoint). Adopted Housing Element (Word/PDF).
A public water and sewer providers letter for the City to deliver for compliance with GC section 65589.7 (Word/PDF).
Task 6.0: State Certification
Task 6.1 Submission of the Adopted Housing Element for HCD Review and Certification FollowingCityCouncil adoption of the 7thCycleHousing Element, Planwestwill prepare and submit the adopted Housing Element to HCD for final review and certification in accordance with GC Section 65585. Planwest will assemble the final submittal package, which will include the adopted Housing Element, adoption resolution, final housing sites inventory, and any required supporting documentation demonstrating consistency with HCD comments and conditional approval requirements. Planwest will coordinate with City staff to confirm that all adoption actions have been properly completed and documented.
Planwestwillrespond to any follow-up questions or minor clarification requests from HCD related to the adopted document and will address any remaining procedural or technical issues needed to secure certification.
Upon receipt of HCD’s certification letter, Planwest will provide the City with copies of the certification documentation and assist with any final administrative steps related to posting or distribution of the certified Housing Element. Planwest understands that all materials resulting from this task become the property of the City.
Key Task 6.0 Deliverables
Final Adopted and Certified Housing Element document (Word/PDF). Planwest can provide printed and bound copies of the final document for an additional charge at the City’s request.
Task 7.0: CEQA Compliance
Planwest will ensure that CEQA compliance processes and documentation are properly addressed for the Housing Element update. Should policies and programs be developed during the course of the Housing Element Proposal for the City of Fortuna February 2026
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Update that substantially alterland use practices fromthe existing LandUse Element designations, Planwestwill provide an updated scope and cost estimate for additional CEQA analysis.
Task 7.1 Tribal Consultations
Planwest will coordinate with City staff to implement SB 18 and AB 52 tribal consultation requirements for the Housing Element update, as applicable. The Planwest team will coordinate with City staff to identify California Native American Tribes that have requested consultation or are otherwise entitled to notice based on the City’s geographic area. Planwest will prepare draft consultation initiation letters and supporting materials for City review, consistent with statutory timelines and content requirements. The City will retain responsibility for formally issuing consultation notices, with Planwest providing technical and administrative support.
If a tribe requests consultation, Planwest will assist the City in coordinating and documenting consultation meetings or correspondence. Planwest will support the preparation of meeting summaries and documentation reflecting consultation efforts, issues raised, and outcomes, consistent with CEQA requirements and City procedures. Consultation activities will be conducted in a manner appropriate to the policy-level nature of the Housing Element, recognizing that the Housing Element does not approve specific development projects.
This task assumes consultation limited to the scope of the 7th Cycle Housing Element update and does not include site-specific cultural resource studies or project-level mitigation measures. Should consultation identify the need for additional analysis beyond the Housing Element level, Planwest will coordinate with City staff to determine next steps and, if necessary, provide a revised scope and cost estimate.
Task 7.2 Prepare Exemption or Addendum and Notice of Determination Planwestwill coordinatewithCity staff regardingCEQA interpretation and documentation expectations. This task and budget are scoped for the preparation of either a Notice of Exemption (NOE) pursuant to Section 15061(b)(3) (Common Sense Exemption) of CEQA Guidelines, or an Addendum to the certified programmatic EIR for the General Plan Update (State Clearinghouse # 2007062106) consistentwith CEQA Guidelines Sections 15162 and 15164.
If a NOE is recommended, Planwest will prepare a concise Technical Memorandum summarizing the analysis that underpins the determination for the Common Sense Exemption, and the NOE form pursuant to the CEQA Guidelines. Should an Addendum to the General Plan EIR be found to be suitable, Planwest will prepare an Addendum that evaluates whether the Housing Element would result in any new or more severe significant environmental impacts beyond those previously analyzed and would document the rationale for reliance on the prior environmental review. If an Addendum is prepared, Planwest will also prepare a Notice of Determination (NOD) in accordance with CEQA requirements.
Planwest will prepare the required CEQA findings as part of Task 5.0. This task assumes one round of City review/approval of the draft CEQA document and that the City will retain responsibility for the filing and posting requirements (e.g., the Humboldt County Clerk, CEQA Submit, and the City’s website). If the approach broadens to include an expanded CEQA analysis, a project scope and budget amendment may be required.
Key Task 7.0 Deliverables
Draft and final tribal consultation Letters (Word/PDF) Draft and final CEQA document (Word/PDF)
CONFLICT OF INTEREST STATEMENT
Planwest Partners Inc. recently completed work under contract with the City to assist with 6th Cycle Housing Element program implementation, ADU Ordinance updates, and Mill District Specific Plan development and implementation. Planwest also provides contract staffing services for the Humboldt Local Agency Formation
PROFESSIONAL SERVICES AGREEMENT
Insurance Requirements for Professional Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. Cyber Liability / Technology E&O: Minimum $1,000,000 per claim, covering data breach, privacy liability, and network security.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or
PROFESSIONAL SERVICES AGREEMENT
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 Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, CG 20 39 (not allowed from subcontractors), or CG 20 40.
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
PROFESSIONAL SERVICES AGREEMENT
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.