HomeMy WebLinkAboutKEYSER MARSTON ASSOCIATES - 2007-04-30,-in CONTRACTS SUBMITTAL TO
0 CITY CLERK'S OFFICE2007 MAY -2 AM 11: 06
HUf Q
To: JOAN FLYNN, City Clerk
Name of Contractor: Keyser Marston Associates
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Economic Analysis Services
Amount of Contract: $75,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. F-1 to Risk Management F-1
Finance Dept. D ORIGINAL bonds sent to Treasurer ❑
Date: �% ► �D%
City Attorney's Office
-.1Z1301A00 �-
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G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
KEYSER MARSTON ASSOCIATES, INC.
FOR
ECONOMIC ANALYSIS SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and Keyser Marston Associates, Inc., a California corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
economic analysis services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Kathleen Head, Vice -President, who
shall represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
1
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07-999/9437
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on as soon as practicable after the execution of this Agreement (the
"Commencement Date"). This Agreement shall automatically terminate three (3) years
from the Commencement Date, unless extended or sooner terminated as provided herein.
The time for performance of the tasks identified in Exhibit "A" are generally to be shown
in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually
agreed to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed Seventy -Five Thousand Dollars
($75,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
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6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, with the exception of computer models developed by
CONSULTANT, shall belong to CITY, and CONSULTANT shall turn these materials
over to CITY upon expiration or termination of this Agreement or upon PROJECT
completion, whichever shall occur first. These materials may be used by CITY as it sees
fit. Computer models remain the exclusive property of CONSULTANT. Contractual
obligations to not include access to or ownership transfer of any electronic data processing
file, programs or models completed directly for, or as by-products of any research effort,
unless explicitly so agreed as part of this agreement.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
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07-999/9437
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
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07-999/9437
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice; however, ten (10) days' prior written
notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
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07-999/9437
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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07-999/9437
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Economic Development
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Keyser Marston Associates, Inc.
ATTN: Kathleen Head, Vice -President
500 South Grand Avenue, Suite 1450
Los Angeles, CA 90071
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
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07-999/9437
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
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07-999/9437
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
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07-999/9437
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
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07-999/9437
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on 3O , 2007 .
CONSULTANT,
CITY OF HUNTINGTON BEACH,
KEYSER MARSTON ASSOCIATES, INC. a municipal corporation of the State of California
KATHLEEN HEAD, Vice -President Direc Lor of Eco mic Development
AND
By:,�a,p�l�/
DIANE CHAMBERS, Secretary
APPROVED AS TO FORM:
City Att
REVIEWED AND APPROVED: T INITIATED AND APPROVED:
City Administrator r Director of Econom' D velopment
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07-999/9437
EXHIBIT "A"
A. STATEMENT OF WORK:
Keyser Marston Associates, Inc. will provide economic analysis consulting
services on an "as -needed" basis for projects to be determined during the term of the
contract. Advice and financial analysis may be requested in any one of the following
areas:
1. Economic Analysis — advice and financial analysis pertaining to any
redevelopment or housing project, including feasibility studies or proforma analysis,
conducting 33433 Reports, or any other economic study or review.
2. Redevelopment — provide guidance in implementing redevelopment programs,
requirements and procedures, as it relates to California Redevelopment Law (Health
& Safety Code 33000)
3. Housing — provide highly qualified advice regarding implementing housing
programs as they relate to California Redevelopment Law, the CDBG and HOME
programs, and SCAG requirements.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Task No.
1
Prepare analyses and reports as needed for City and Redevelopment
Agency projects, opportunities, and accomplishments.
Prepare Five Year Implementation Plans for Southeast Coastal and
2
Merged Redevelopment Project Areas.
Review development proformas to determine project feasibility and the
3
extent of. public assistance required.
Assist with property acquisition and disposition by providing appraisal
4
analysis, assisting with negotiations, and providing similar real estate
related services.
Prepare and review disposition and development agreements, loan
5
agreements, grant deeds, restrictive covenants, promissory notes,
deeds of trust, and other instruments used in real estate transactions.
Evaluate the use of Redevelopment Set Aside, federal HOME funds,
6
and other funding sources for acquisition, rehabilitation, and new
construction of multifamily and single family housing.
jmp/contracts group/exA/4/12/07
EXHIBIT "A"
Ensure compatibility of Redevelopment funds, federal funds, bond
7
proceeds, and other public funding sources with private funding sources
for development projects.
Evaluate and respond to requests for projects or services, such as
8
multifamily rehabilitation and new construction projects.
C. CITY'S DUTIES AND RESPONSIBILITIES:
No specific duties and responsibilities have been identified.
D. WORK PROGRAM/PROJECT SCHEDULE:
Keyser Marston Associates, Inc. will provide the above services on an "as -
needed" basis for projects to be determined during the term of the contract.
jmp/contracts group/exA/4/12/07
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
A. Jerry Keyser*............................................................. $260
Managing Principals*................................................................
$260
Senior Principals*......................................................................
$250
Principals....................................................................
$230
Managers....................................................................
$205
Senior Associate..................................................................
$135
Associate.............................................................................
$155
SeniorAnalyst.........................................................................
$140
Analyst.....................................................................................
$ 120
Technical Staff........................................................................
$ 90
Administrative Staff..................................................................
$ 75
Clerical....................................................................................
$ 50
Directly related job expenses will be billed at 110% of cost.
B. Travel
1. Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billin
1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
agree/forms/exB-hourly fee/4/12/07 EXHIBIT B 1
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
agree/forms/exB-hourly fee/4/12/07 EXHIBIT B 2
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/exB-hourly fee/4/12/07 EXHIBIT B 3
Hourly Payment
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
R
1. Date:
2. Department:
4/23/2007
Economic Development
3. Requested by: Doris Powell
4. Name of consultant: Keyser Marston Associates, Inc
APR 3 0 2001
City of tiunting4on Beach
City A#i®rney's office
S. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
6. Amount of the contract: $75,000 ✓`
7. Are sufficient funds available to fund this contract?' ❑ Yes E No
8. Is this contract generally described on the t of professional service contracts approved by the City
Council'? Yes No
9. Company number and object code where funds are budgeted: /OO-VO 6-01, 6 13 ZS
10. Is this contract less than $50,000? ❑ Yes E No
11. Does this contract fall within $50,000 and $100,000? E Yes ❑ No
12. Is this contract over $100,000? ❑ Yes E No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
E Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number). j/
15. Attach proposed scope of work.
16. Attach proposed payment schedule. 1/
Departmen "Head Sign t
e
RI HARD AMADRIL, Ma ager
PurEhasing/Central Services
1. If the answer to this question is "No," the contract will require approval from the City Council.
Economic Development Department
Economic Services RFP — November 27, 2006
RFP DISTRIBUTION
Frank Spevacek
Rosenow Spevacek Group, Inc.
217 North Main Street, Ste. 300
Santa Ana, CA 92701-4822
Phone: (714) 541-4585
Fax: (714) 836-1748
spevacek(cD_aol.com
Kathy Head
Keyser Marston Associates, Inc.
500 S. Grand Avenue, #1480
Los Angeles, CA 90071
Phone: (213) 622-8095
khead@keysermarston.com.
John Yonai
Tierra West Advisors, LLC
168 Annandale Road
Pasadena, California 91105
(626) 665-1224
a yonai(D_tierrawestadvisors.com
G:DorisPowell\RFP\Disrtibution Econ Sry
November 28, 2006
Richard Williams
CBRE
355 South Grand Ave, Suite 1200
Los Angeles, CA 90071-1549
(213) 613-3396
Fax: (213) 613-3780
Richard.Williams@cbre.com
Mr. David Wilcox
Economics Research Associates
10990 Wilshire Blvd, Ste. 1500
Los Angeles, CA 90024
(310) 477-9585
daw(a-)-econres.com
Springsted
28137 Espinoza
Mission Viejo, CA 92692
Phone: (949) 600-5330
S i INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUESIR E C E i V E
APR 2 4 200-1
1. Requested by: Doris Powell, Economic Development
1 itv of Huntington Beach
2. Date: April 23, 2007 iey's office
3. Name of contractor/permittee: Keyser Marston Associates Inc.
4. Description of work to be performed: Keyser Marston will provide economic analysis
consulting services on an "as -needed" basis for Redevelopment, Housing and Economic
Development. Duties include: advice and financial analysis; feasibility studies or proforma
analysis; preparing reports; provide guidance in implementing programs. (See attached)
5. Value and length of contract: $75,000; 2007-2010
6. Waiver/modification request: $25,000 retention/professional liability insurance
7. Reason for request and why it should be granted: unable to comply with the city's zero
deductible/SIR insuraces requirement.
8. Identify the risks to the City in approving this waiver/modification: None
April 23, 2007
Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City A ey's Office disagree.
1. ;Approved
Management
�4❑DeniedG
Signature D to
2. City Attorney's Office
pproved ❑ Denied �" ��• d�""
ignature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval: Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
Insurance Waiver KMA City 4/23/2007 10:54:00 AM
ACORD CERTIFICATE OF LIABILITY INSURANCE
11�T%2o o'
PRODUCER (415) 957-0600 FAX: (415) 957-0577
*"�C Insurance Services
tense No. 0589960
44 Montgomery St., 17th Fl.
San Francisco CA 94104
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS .UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Keyser Marston Associates, Inc.
55 Pacific Avenue Mall
San Francisco CA 94111
INSURER A. Hartford
29424
INSURER B: Republic Indemnity
22179
INSURER C:Philadelphia Insurance
18058
INSURERD:
INSURER E:
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.
A GRE ATE LIMITS SHOWNMAY HAVE SEENREDUCED BY PAID CLAIMS.
INSR
ADD'L
D
TYPE OF INSURANCE
POLICY NUMBER
PDATEYM DmE
PDAITE MM%I EXPIRATION
- LIMITS
GENERAL LIABILITY.
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
PREMIS oc r nc `
$ 50,000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE EK OCCUR
-
57UUNUP0340
11/11/2006
11/11/2007
MEDEXP An one,person)
$ 5,000
PERS V
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
S 1,000,000
X POLICY 7 JPERgi F I LOC
AUTOMOBILE LIABILITY
X ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
S 1,000,000
BODILY INJURY
(Per person)
S
A
ALL OWNED AUTOS
SCHEDULED AUTOS
57UUNUP0340
11/11/2006
11/11/2007
BODILY INJURY
(Per accident)
S
X HIRED AUTOS
X NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
S
)
GARAGE LIABILITY
D
AUTO ONLY - EAACCIDENT -
$
OTHER THAN
AUTO ONLY: AGG
_
$
ANY AUTO
cGRA
$
EXCESS/UMBRELLA LIABILITY
X OCCUR CLAIMS MADE
_
N
$ 4,000,000
AGGREGATE
$ 4,000,000
$
$ .
A
DEDUCTIBLE
57RHUUN9941
11/11/2006
11/11/2007
$
X RETENTION S 0
$
WORKERS COMPENSATION AND
X �TATU- OTH-
ER
-
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNE
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE • EA EMPLOYE
$ 1,000,000
-
OFFICERIMEMBEREXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
3954611
11/11/2006
11/11/2007
E.L. DISEASE - POLICY LIMIT I
$ 1,000,000
C
OTHER Professional
PHSD221059
11/11/2006
11/11/2007
$1,000,000 Each Wrongful Act
Liability -Claims
Retro Date 10/05/1976
$2,000,000 Aggregate Limit
Made -Revised 2/12/07
$25 000 Deductible
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
The City of Huntington Beach, its Agents, Officers and Employees are named as Additional Insured as their interst may
appear as repects General Liability per attached endorsement.CG 2010 10/01.
TE HOLDER
City of Huntington Beach
Attn: Risk Management
j 2000 Main Street
-Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X4WM MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ")
YcXlr? I)I &XI)MXAXA'Q(R4&XXX17 XX
AUTHORIZED REPRESENTATIVE
Loretta Pearson/LPE
4CORD 25 (2001108)
NS025 intOBl os AMS 1 1 TM Wolters Kluwer Financial Services
0 ACORD CORPORATION 1988
Page I of 2
f
i
1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ,
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
`;
ACORD 25 (200 MU)
INS025 (0108) 08 AMS Page 2 a 2
CG20101001
Policy Number: 57UUNUP0340 Effective Date: 11/11/2006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES
OR CONTRACTORS -- SCHEDULED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of Huntington Beach, its Agents, Officers and
Employees .
It is understood and agreed that this insurance is primary and any other insurance
maintained by the Additional Insured shall be excess only and not contributing with this
insurance in regards to all operations as pertains to the named insured.
(if no entry aooears above. the information reauired to complete this endorsement will be shown in
the Declarations as applicable to this endorsement).
A. Section 11 Who is An Insured
is amended to include as an
insured, the person or
organization shown in the
Schedule, but only with respect to
liability arising out of your ongoing
operations performed for that
insured.
B. With respect to the insurance
afforded to these additional
insured(s), the following exclusion
is added:
2. Exclusions:
This insurance does not
apply to "bodily injury" or
"property damage" occurring
after:
CG 20 10 10 01
(1) All work, including
materials, parts or equipment
furnished in connection with such
work, on the project (other than
service, maintenance or repairs)
to be performed by or behalf of
the additional insured(s) at the
site of the covered operations has
been completed; or
(2) That portion of "your work"
out of which the injury or damage
arises has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
engaged in performing operations
for a principal as a part of the
same project.