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HomeMy WebLinkAboutKeyser Marston Assoicates Inc. - 2010-07-1974 2E CD,, Council/Agency Meeting Held ZS J Deferred/Continued to - - - '­ _Ae_eN_ Ap rov d Cod onall A rovgd ❑ Denied y ler Sign re Council Meeting Date July 19 2010 Department ID Number ED 10-24 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO Honorable Chairman and Agency Members SUBMITTED BY Fred A Wilson Executive Director PREPARED BY Stanley Smalewitz Deputy Executive Director SUBJECT Approve a three year Professional Services Contract with Keyser Marston Associates Inc in the amount of $500 000 for Economic Analysis Services Statement of Issue The Redevelopment Agency requires economic analysis services for various redevelopment projects Staff is requesting approval of a contract for Keyser Marston Associates Inc to perform these services on an as -needed basis Financial Impact Approval of this action will not require an appropriation There are sufficient funds in fiscal year 2009-10 to fund services performed in this fiscal year Sufficient appropriations will be requested in the 2010-11 fiscal year budget Recommended Action Motion to Approve the Professional Services Contract between the City of Huntington Beach Redevelopment Agency and Keyser Marston Associates Inc in the amount of $500 000 for Economic Analysis Services over a three-year period and authorize the Chairman and Agency Clerk to execute the Contract Alternative Action(s) Do not authorize the contract and/or direct staff accordingly -125- Item 11 - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE 7/6/2010 DEPARTMENT ID NUMBER ED 10-24 Analysis The Economic Development Department requires economic analysis services on certain redevelopment projects The selected firms provide technical advice and financial analysis on an as needed basis In 2007 the Redevelopment Agency approved as needed contracts with Keyser Marston and Tierra West Advisors for a three (3) year term On March 16 2010 Economic Development staff released a Request for Proposals (RFP) to solicited proposals from qualified consultants for the as needed economic analysis services The following five firms responded to the RFP Kosmont Companies Rosenow Spevacek Group Inc Urban Futures Inc Keyser Marston Associates Inc Tierra West Advisors Inc Each proposal was carefully reviewed and scored by a panel comprised of staff from the Finance and Economic Development Departments and based on the criteria outlined in the RFP Criteria used in the evaluation of submittals included proven track record of successfully implementing and monitoring redevelopment projects ability to manage multiple projects with varying complexity ability to commit key personnel and provide in-house services ability to meet strict deadlines and competitive fee schedule After evaluating the responses and checking references staff concluded that Keyser Marston Associates and Tierra West Advisors best demonstrated the ability to provide top quality services at competitive prices Staff will be requesting a contract with Tierra West Advisors at the August 2 City Council Meeting It is anticipated that during the term of the contract Keyser Marston will provide assistance on the following projects Bella Terra Phase II Waterfront Third Hotel Annual Housing Compliance Report Analysis of Housing Loans and review of financial assistance for Affordable Housing projects that may request Agency assistance Keyser Marston will provide assistance in their fields of expertise and will augment Economic Development staffing on certain projects which require a higher level of financial analysis Based on their expertise in this field knowledge of Huntington Beach and understanding of the City s request and competitive rates staff recommends approval of the Professional Services Contract with Keyser Marston Associates Inc for an amount not to exceed $167 000 for the a three (3) year term for a total not to exceed $500 000 During the last three year term Keyser Marston had a contract of $525 000 (not to exceed $175 000 per year) and only expended $446 000 total to date Environmental Status Not Applicable Strategic Plan Goal Enhance Economic Development Item 11 - Page 2 -126- REQUEST FOR COUNCIL ACTIM AEETING D• '• (i 0 DEPARTMENT D NUMBER D 0 .1 Attachment(s) Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Keyser Marston Associates Inc for Economic Analysis Services -127- Item 11 a Page 3 ATTACHMENT PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF 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 Redevelopment Agency of the City of Huntington Beach, a public body corporate and politic, hereinafter referred to as "AGENCY, and Keyser Marston Associates, Inc, a California corporation hereinafter referred to as "CONSULTANT " WHEREAS AGENCY desires to engage the services of a consultant to provide economic analysis services, and Pursuant to documentation on file in the office of the Agency 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 AGENCY 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 "PRO?ECT " CONSULTANT hereby designates Kathleen Head, Vice -President, who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement 1 07 999 001/47745 2 AGENCY STAFF ASSISTANCE AGENCY 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 mencement 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 AGENCY and CONSULTANT 4 COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a tune and materials basis at the rates specified to Exhibit "B," which is attached hereto and incorporated by reference into this Agreement a fee including all costs and expenses not to exceed Pave Hundred Thousand Dollars ($500,00b) \& 5 EXTRA In the event AGENCY 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 AGENCY Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained b METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B " 2 07A9s001/47745 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 CONSULTANT'S proprietary computer models, shall belong to AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by AGENCY 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 AGENCY 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 damage which was caused by the sole negligence or willful misconduct of AGENCY CONSULTANT will conduct all defense at its sole cost and expense and AGENCY 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 07 999 001/47745 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 AGENCY 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 AGENCY 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 AGENCY 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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement 4 07 999 001/47743 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency 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 AGENCY 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 AGENCY 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 AGENCY 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 5 07 999 001/4774� 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 AGENCY 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 AGENCY 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 AGENCY, 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 AGENCY 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 AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement 15 AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement No officer or employee of 6 07 999 001/47745 AGENCY 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 heremabove) or to AGENCY 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 AGENCY 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 AGENCY Redevelopment Agency of the City of Huntington Beach ATTN Executive Director 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 AGENCY'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 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 7 07 999 001/47745 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 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 8 07 999 001/47745 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 AGENCY agree that AGENCY 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 Agency Attorney is the exclusive legal counsel for AGENCY, and AGENCY 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, 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 nonprevailmg party 25 SURVIVAL 9 07 999 001/47745 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �, .(L V Z 9 , 20,/ 10 07 999 001/4774�, CONSULTANT KEYSER MARSTON ASSOCIATES, INC REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH a public body corporate and politic APPROVED AS TO FORM �jjP-01 6� (Z� ,Agency General nsel REVIEW AND APPROVED INITIATED AND APPROVED c` xe utive Director Depu-ty E ecutive Director II 07 999 001/4774�, 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 Economic Analysis — Provide qualified advice and financial analysis pertaining to any redevelopment or houst,-g project including feasibility studies or proforma analysis, conducting 33433 Reports or any other economic study or analysis 2 Redevelopment — Provide guidance in implementing redevelopment programs requirements and procedures, as it relates to California Redevelopment Law (Health & Safety Code 33000) 3 dousing — Provi le highly qualified advice regarding implementing housing programs as they relate to Cal forma Redevelopment Law, the CDBG and HOME programs SCAG requirements, and in -lieu housing programs B ONSULTANT'S DUTIES AND RESPONSIBILITIES 1 Prepare analyses and reports as needed fee City and Redevelopment Agency projects, opportunities accomplishments, including Housing updates and Five Year Implementation Plans for Southeast Coastal and Merged Redevelopment Project Areas 2 Review development proformas to determine project feasibility and the extent of public assistance required 3 Assist with property acquisition and disposition by providing appraisal analysis assisting with negotiations and providing similar real estate related services 4 Prepare and review disposition and development agreements, loan agreements grant deeds, restrictive covenants promissory notes, deeds of trust and other instruments used in real estate transactions 5 Evaluate the use of Redevelopment Set Aside, federal HOME funds, and other funding sources for acquisition, rehabilitation and new construction of multifamily and single family housing 6 Ensure compatibility of Redevelopment funds, federal funds bond proceeds and other public funding sources with private funding sources for development projects Sur£net Exhibit A 7 Evaluate and respond to requests for projects or services such as multifamily rehabilitation and new construction projects 8 Conduct yearly financial analysis of affordable housing development, to calculate any monies owed to the City, such as residual receipts 9 Attend meetings with staff, City Council and Developers as requested by staff C CITY'S DUTIES AND RESPONSIBILITIES 1 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 Surfnet Exhibit A B) Describe the services pertormed 0 If EXHIBIT `B" Payment Schedule (Hourly Payment) Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule Managing Principals* $280 Senior Principals* $270 Principals $250 Managers $225 Senior Associate $187 50 Associate $167 50 Senior Analyst $150 Analyst $ 130 Technical Staff $ 95 Administrative Staff $ 80 Directly related lob expenses not included in the above rate are auto mileage air fares hotels and motels meals car rentals taxies telephone calls delivery electronic data processing graphics and printing Directly related lob expenses will be billed at 110% of cost Travel Charges for time during travel are not reimbursable Billm;? I All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the lame that was taken to perform that work and who performed it 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 project 3 A copy of memoranda letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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 4 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, Surfnet Exhibit S hourly I 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 5 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 requeste I and if CITY is satisfied that the statement of hours worked and costs incurred rs ^ccurate Such approval shall not be unreasonably withheld Any dispute beta een 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 Surfnet Exhibit B hourly 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND KEYSER MARSTON ASSOCIATES INC FOR ECONOMIC ANALYSIS SERVICES Table of Contents 1 Scope of Services 1 2 Agency Staff Assistance 2 3 Term Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Piofessional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 5 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 6 15 Agency Employees and Officials 7 16 Notices 7 17 Consent 7 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 9 25 Survival 10 26 Governing Law 10 27 Entirety 10 l suo ' INSURANCE AND INDEMNIFICATION WAIVER Hot j&w, MODIFICATION REQUEST 1 Requested by Doris Powell, Economic Development JUN 2 8 2010 2 Date June 15, 2010 c ty of H ,n inyto�� La, city Atto' ei s offl-' 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 analvsis. Drepanna reports. Drovide auidance in imalementina oroarams (See attached) 5 Value and length of contract $600,000, 2010-2013 6 Waiver/modification request $100,000 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 Head Signature June 15, 2010 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 Administrators Office is only required if Risk Management and thq City Attorneys Office disagree 1 Risk Management A pp roved ElDenied Signature Date 2 City Attorney's Office proved ❑ Denie !U Signature Date 3 City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved the completed waiver/modification request is to be submitted to the City Attorneys 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 2010 6/15/2010 3 58 00 PM ®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY 11/6/2009) PRODUCER (415) 957-0600 FAX (415) 957-0577 MO(' Insurance Services nse No 0589960 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 44 Montgomery St , 17th FI San Francisco CA 94104 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Hartford Casualty Iris CO 29424 Keyser Marston Associates, Inc INSURER Republic Indemnity Company of 22179 55 Pacific Avenue Mall INSURER c National Union Fire Ins Co 02351 INSURER San Francisco CA 94111 INSURER E Crl\rFRAr:PS 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADD INSR 3 TYPE OF INSURANCEPOLICY NUMBER POLICY EFFECTIVE DATE 1MM1DDtYYYY1DATE POLICY EXPIRATION IMM/DDfYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 5,000 A CLAIMS MADE a OCCUR 57UUNUP0340 11/11/2009 12/01/2D10 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2 000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOPAGG $ 1,000,000 X POLICY PRO LOC AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ A / X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTO NON OWNED AUTOS 57UUNUP0340 S v 11/11/2009 AS FO FOr, 12/01/2010 M BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X Comp Ded $ 1000 �� �1 I)/ICG TH DIR NE X Coll Ded $ 1000 GARAGE LIABILITY UTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 -XI OCCUR CLAIMS MADE $ A DEDUCTIBLE 57RHUUN9941 11/11/2009 12/01/2010 $ X RETENTION $ 10 000 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 03954614 11/11/2009 12/1/2009 IOTH E L. EACH ACCIDENT $ 1,000,000 EL DISEASE EA EMPLOYEE $ 1,000,000 E L DISEASE POLICY LIMIT $ 1,000,000 Des describe under SPECIAL PROVISIONS below C OTHER Professional 013465519 11/11/2009 12/01/2010 $1 000 000 Limit Each Act Liability -Claims Retro Date 10/05/1976 $1 000 000 Limit Aggregate Made Each Act DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL 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 and BU1114 10/93 1`r-0TI1=ICAT1= t4 n! nF=P (AMnFi I ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF THE ISSUING INSURER WILL KXUMAIL 30 DAYS WRITTEN ) Attn Risk Management NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT X(X' XFXX(X1)0`X`; %4xLx 2000 Main Street���c Huntington Beach, CA 92648 �s16�t14i�ii?�X AUTHORIZED REPRESENTATIVE Loretta Pearson/LPE ACORD 25 (2009/01) ©7913ti ZUU9 AGUKU GUKfUKA i iuF4 Aii rignts reserves INS025 (200901) The ACORD name and logo are registered marks of ACORD CG20101001 Policy Number 57UUNUP0340 Effective Date 11/11/2008 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 appears above the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A Section II — 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 POLICY NUMBER 57UUNUP0340 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization City of Huntington Beach its agents officers and employees A The person or organization shown in the Schedule is included as an insured, but only liable for the conduct of an "insured" and only to the extent of the liability B CANCELLATION 1 If we cancel the policy, we will mail or deliver notice to such person or organization in accordance with the Common Policy Conditions 2 If you cancel the policy, we will mail or deliver notice to such person or organization 3 Cancellation ends this agreement BU1114 (1-93) �atarsr.:CITY OF • Professional Service Approval Form ay, y 'y PART I Date 2/2/2010 Project Manager Name Doris Powell Requested by Name if different from Protect Manager Stanley Smalewitz Department Economic Development PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS PART l MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Briefly provide the purpose for the agreement The current three year term for Economic Analysis Professional Services will end May 7 2010 The Department would like to request proposals from qualified firms to provide economic analysis consulting services on an as -needed basis in the following areas Economic Analysis Redevelopment and Housing 2) Estimated cost of the services being sought $ 150 000/year 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is No the contract will require approval from the City Council ) ® Yes ❑ No 5) Business Unit and Object Code where funds are budgeted 305 80101 � j F ,,�s "� 6) Check below how the services will be obtained N ws ® A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ❑ MC 3 03 08(b) — Other Interagency Agreement procedure will be utilized ❑ MC 3 03 08 — Contract Limits of $30 000 or less exempt procedure will be utilized Department Head Signature �3/16 _ Date i ministrator s Signature Date /l L Director of Finances Initials Deputy City Administrators Initials Date Date q�'SlN�GT CITY --- _ ._ Q EAC Professional ServiceApproval PART 11 �o Date 6/15/2010 Project Manager Doris Powell Requested by Name if different from Project Manager Stanley Smalewitz Department Economic Development PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Name of consultant Keyser Marston Inc 2) Contract Number ECD 010 039 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract $ 600 000 4) Is this contract less than $50 000? ❑ Yes ® No 5) Does this contract fall within $50 000 and $100 000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ 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 the contract ) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number ) 9) Attach Exhibit A which describes the proposed scope of work 10) Attach Exhibit B which describes the payment terms of the contract Director Finance (or designee) Signature Date List of Vendors UP — Economic Analysis Keyser Marston Associates, Inc 55 Pacific Avenue Mall San Francisco, California ATT Kathleen Head (213)622-8095 Kosmont Companies 865 S Figueroa Street, 35th Floor Los Angeles, CA 90017 ATT Larry Kosmont (213) 417-3334 Rosenow Spevicek Group Inc 309 West 4th Street Santa Ana, CA 92701 ATT Felise Acosta (714) 541 4585 Tierra West Advisors, Inc 2616 East 3rd St Los Angeles, CA 90033 ATT John Yonai (323) 265-4400 Ext 225 Urban Futures Inc 3111 North Tustin, Suite 230 Orange, CA 92865 ATT William Kelly (714)283-9334 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L FLYNN CITY CLERIC July 20 2010 Keyser Marston Associates Inc ATTN Kathleen Head Vice -President 500 South Grand Avenue Suite 1450 Los Angeles CA 90071 Dear Ms Head Enclosed for your records is a fully executed copy of the Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Keyser Marston Associates Inc for Economic Analysis Services Sincerely JF pe Enclosure G foliowup agrmtltr Sister Cities Anjo Japan • Waitakere New Zealand (Telephone 714-536 5227)