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HomeMy WebLinkAboutKeyser Marston Associates, Inc. - 2017-03-20Dept. ID ED 17-07 Page 1 of 2 Meeting Date: 3/20/2017 Naves 6 o - �14si5al T� CITY OF HUNTINGTON BEACH REQUEST FOR, CITY COUNCIL ACTION MEETING DATE: 3/20/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of a three-year Professional Services Contract with Keyser Marston Associates, Inc., in the amount not exceed $180,000 for Economic Analvsis Services Statement of Issue: The City requires economic analysis services for various development pro forma and residential projects. Staff is requesting approval of a contract with 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 of $45,000 in account 23380101.69325 in the Fiscal Year 2016/17 budget to fund services for this year's expenditures. The total contract is not to exceed $180,000, for three (3) year term. Appropriations will be requested in subsequent fiscal year budgets from accounts 23380101.69325 and 35280301.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Keyser Marston Associates, Inc. for Economic Analysis Services" in the amount not to exceed $180,000 over a three-year period. Alternative Action(s): Do not authorize the contract and direct staff accordingly. Analysis: The Office of Business Development requires a variety of economic analysis services for projects on an as -needed basis. During the term of the contract, the firm Keyser Marston Associates, Inc. will provide technical and financial analysis for such projects as: • Sales Tax Sharing Agreements • State Density Bonus Analysis • State and Federal required monitoring services for restrictive rental properties • Annual State mandated Housing Compliance Report • Subsidy Layering Analysis for HOME -assisted projects and financial gap analyses for project assisted with LMIHAF or Inclusionary In -Lieu fees • Special projects on an as needed basis Item 8. - 1 HB -58- Dept. ID ED 17-07 Page 2 of 2 Meeting Date: 3/20/2017 On April 25, 2016, Office of Business Development released a Request for Proposals (RFP) to solicit proposals from qualified consultants for as -needed economic analysis services. The following five firms responded to the RFP: • GRC Associates, Inc. • Keyser Marston Associates • Kosmont Companies • Rosenow Spevacek Group Inc. (RSG) • Tierra West Advisors, Inc. Each proposal was reviewed and scored by a panel comprised of staff from Administration, Business License, Public Works Department and the Office of Business Development based on the criteria outlined in the RFP. Consideration in the evaluation of submittals included: successful implementation and monitoring of City -financed projects of Successor Agency and Housing Authority; ability to commit key personnel; ability to meet strict deadlines; and a competitive fee schedule. The ability to best provide services, consultant experience and meeting the three components of the RFP were ultimately the determining factor in awarding the bid to Keyser Marston Associates, Inc. Accordingly, after evaluating the responses, Staff concluded that Keyser Marston Associates, Inc. best demonstrated the ability to provide the most comprehensive services at a competitive price. Keyser Marston Associates, Inc. will provide assistance as directed and will augment Office of Business Development on projects which require complex financial analysis. Based on their expertise in the 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 a total not to exceed $180,000 for a three (3) year term. Environmental Status: Not Applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Keyser Marston Associates, I nc. 2. Professional Service Review HB -59- Item 8. - 2 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 perform economic analysis and technical assistance; 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 H. Head, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfneUprofessional Svcs mayor 1 of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ��� , 20 j7 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than March 20, 2020 from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 One Hundred Eighty Thousand Dollars ($180,000). 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. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhihit "B." agree/ surfnet/professional svcs mayor 2 of 11 10/12 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 CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROTECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 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 (or alleged 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 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 agree/ surfnet/professional sves mayor 3 of 11 10/12 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. agree/ surfnet/professional svcs mayor 4 of 11 10/12 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. shall 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. 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. agree/ surfnet/professional svcs mayor 5 of 11 10/12 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. 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 agree/ surfnet/professional svcs mayor 6 of 11 10/12 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: Office of Business Development 2000 Main Street Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval TO CONSULTANT: Keyser Marston Associates, Inc. Attn: Kathleen H. Head, Vice President 500 So. Grand Avenue, Suite 1480 Los Angeles, CA 90071 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. 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. asree/ surfnet/professional svcs mayor 7 of 11 10/12 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. 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. agree/ surfnet/professional svcs mayor 8 of 11 10/12 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, 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. agree/ surfnet/professional sves mayor 9 of 11 10/12 28. 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. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional Svcs mayor 10 Of 11 10/12 CON SLUAENNIT' Keyser Mauston Associates, Inc., CONTIA,N-f N"AME a California Corporation By prtril name ITS: flllide one) Chaimiarb,'Presiden L'\Eider�) AN D print namc IT ;,(circle onc) Secretary,"Clijef Financial Office Trcsurer CITY OF HU)N FINGTON ill'.ACH-a municipal corporation oft-ne 'Statc of California Mayor City Clerk INITIATED AND APPROVED: Assistant City Manager REVIEWED AND APPROVED, City Manager APPROVED AS TO FORM: City Attorney 0c jj-?�t-j j"'v agree/ surfrictiprofessional sves mavor 11 of I I 10/ 111 CONSULTANT, Keyser Marston Associates, Inc., COMPANY NAME a California Corporation print name ITS: (circle one) Chairman/President/Vice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California _ ® A e TED PPROVED: AND IAT By. sistant City er print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIE I� D APPROVED: /1/ Manager 99 City Attorney ®jr0 31 A-1'V a.-ree/ surfnet/professional svcs mayor 11 of I I 10/12 It sadly INSURANCE AND INDEMNIFICATION WAIVER HunlintijBeach. MODIFICATION REQUEST 1. Requested by: Kellee Fritzal, Deputy Director 2. Date: 3/1 /2017 3. Name of contra ctor/permittee: Keyser Martson Associates 4. Description of work to be performed: Keyser Marston will provide economic analysis consulting services on an "as -needed" basis for Successory Agency, Housing and Economic Development. Duties include: advice and financial analysis, feasibility studies and proforma analysis; preparing reports; provide guidance in implementing programs. 5. Value and length of contract: Not to exceed $270,000 for three years 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 insurance requirement 8. Identify the risks to the City in approving this waiver/modification: N/A ntF,ibad'`5ignature -`AV17 APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval fr m the City Administrator's Office is only required if Risk Management / e City Atto ey's Office dise ree. 1. Risk Management r ' Approved ❑ Denied Sig ture ate 2. City Attorney's Office Approved ❑ Denied Signature Date 3. City Manager'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 Human Resources Insurance Waiver Form (1).doc 3/2/2017 8:34:00 AM �® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 11/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER MOC insurance Services License No. 0589960 CONTACT Halidee Calle j as NAME_ PHONE t (415) 957-0600 A/C No: (415)957-0577 ADDRESS:hcallejas@mocins.com INSURERS AFFORDING COVERAGE NAIC# 44 Montgomery St., 17th Fl. INSURER A:Massachusetts Bay Ins. Co. 22306 San Francisco CA 94104 INSURED INSURERB:Allmerica Financial Benefit Co. 41840 INSURERC:Hanover Insurance Com an 31534 Keyser Marston Associates, Inc. INSURER D:Re ublic Indemnity Company of 43753 INSURERE:Evanston Insurance Company 35378 160 Pacific Avenue, Suite 204 INSURERF: San Francisco CA 94111 COVERAGES CERTIFICATE NUMBER:2016-2017 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RI LTR TYPE OF INSURANCE ADD S BR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g 1,000,000 A CLAIMS -MADE FX OCCUR PA MtSES Ea oMAGE TO ccurrence) $ 500,000 MED EXP (Any one person) $ 10,000 X ZDFA49104902 12/1/2016 12/1/2017 PERSONAL 8 ADV INJURY $ 1,000,000 No Deductible Applies GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�JEC LOC PRODUCTS - COMP/OPAGG $ Included Is OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) S X ANY AUTO B ALL OWNED SCHEDULED AUTOS AUTOS X AWFA49004902 12/1/2016 12/1/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE per.. S X X NON -OWNED HIRED AUTOS AUTOS Uninsured Motorist combined $ 1,000,000 X Comp $500 Coll 5500 X UMBRELLA X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 C EXCESS L.CLAIMS-MADEJ DED X I RETENTIONS 0 g X UHFA49117102 12/1/2016 12/1/2017 WORKERS COMPENSATION PER STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE EACH ACCIDENT S 1,000,000 D Mandatory In NH) BER EXCLUDED? N/A 3954622 12/1/2016 12/1/2017 DISEASE - EA EMPLOYE rEL.DISEASE $ 1,000,000 -POLICY LIMIT S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Professional Liability E0865356 12/l/2016 12/l/2017 Each Wrongful AU $1,000,000 Retention $25,000 Retro Date: 11/11/1976 AGGREGATE LIMIT $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) The City of Huntington Beach, its Officers, elected officials, employees, agents and volunteers are named as Additional Insured as their interests may appear as respects General Liability per the attached endorsements. 30 Day notice of cancellation/ 10 day for non-payment of premium. *10 day—wfttten notice APPROVED O applies to workers' compensation* Waiver of Subrogation in favor of certificate holder. Endorsement to follow. MICHAEL E. GATES CE City of Huntington Attn: Risk Manager 2000 Main Street Huntington Beach, 1 SHOULD ANY OF THE(ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CA 92648 I AUTHORIZED REPRESENTATIVE Halidee Callejas/HCA W 98tid-ZU14 AGUKU GUKYUKA I IUN. An rignts reservea. ACORD 25 (2014/01) INS025 (2D14D1) The ACORD name and logo are registered marks of ACORD INSURANCE INDUSTRIE CHANGE• COMMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT Please be advised that the CG 20 10 10 01 Endorsement has been replaced with the CG 20 10 07 04 Additional Insured Endorsement. City of Huntington Beach, its officers, elected officials, employees, agents and volunteers is/are named as Additional insured(s) on the Commercial General Liability policy. Keyser Marston Associates, Inc. provides professional services to; Citv of Huntington Beach its officers elected officials, employees, agents and volunteers _therefore `completed operations' coverage would be addressed under the Professional Liability policy shown as "Insurer V on the attached Certificate of Insurance. COMMERCIAL GENERAL LIABILITY CG 2010 07 04 POLICY NUMBER: ZDFA49104902 Effective Date: 12/01/2016 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 Additional Insured Person(s) or Or anization(s): Locations of Covered Operations The City of Huntington Beach, its officers, elected officials, employees, agents and volunteers 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. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip-ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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 in -tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi-pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Keyser Marston Associates, Inc Policy No. AWFA49004902 •� IJIT —�``J' in.0 I � �!♦\l;-nNfi.G� FV1� Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words 'W', "us' and "our" refer to the Company pro- viding this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. COMMERCIAL AUTO CA 00 0103 06 SECTION 1— COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols symbol I Description Of Covered Auto Designation Symbols 1 An 'Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "AI lfnc" r)nly nwnarchrn of nffar thm nnlinv haninc 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are li- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- lists Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re - Law gufrement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired 'Autos' Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you'lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited'liability company) or members of their households. 9 JNonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 1 of 12 11 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition men f Subject To of "mobile equipment' under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where theyare li- Financial Re- censed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B C. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item- Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you, previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. 'Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile.. equipment' while being carried or towed by a covered "auto". 3. Any "auto" you do not own white used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss'; or e. Destruction. SECTION ii — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent' and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of insur- ance has been exhausted by payment of judg- ments or settlements. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. Page 2 of 12 © ISO Properties, Inc., 2005 CA 00 0103 06 0 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto while he- or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members- (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". '(5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits s pect- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other. coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a.• Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured'; or CA 00 0103 06 © ISO Prop ;, Inc., 2005 Page 3 of 12 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule State Person or Organization Job Description California City Of Huntington Beach All California Operations Attn: Risk Manager 2000 Main St Huntington Beach Ca 92648 The premium charge for this endorsement shall be 5% of the premium developed in conjunction with the work for which this waiver is provided, subject to a minimum premium of $100. This charge will be billed at the final audit. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Republic Indemnity Company of America Company Number 19739 Insured Keyser Marston Associates, Inc. Policy Number 39546-22 Endorsement Number 11 Endorsement Effective December 01, 2016 Printed On December 05, 2016 WC000313 (Ed. 04-84) Countersigned by : Insured Copy 1983 National Council on Compensation Insurance. Office of Business Development Economic Analysis Services SERVICE: Economic Analysis Services SERVICE DESCRIPTION: Provide consulting services to assist in the area of economic analysis. Advice and financial analysis for Economic Analysis, Successor Agency and Housing reporting. VENDOR: Keyser Marston Associates OVERALL RANKING: Vendor 1 — 1542.50 SUBJECT MATTER EXPERTS/RATERS DEPARTMENTS SECTIONS: 1. City Manager's Office 2. Office of Business Development 3. Finance 4, Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1542.50 Total Weighted Maximum Criteria Score Score Compliance with RFP 170.00 200 Technical Approach 412.50 500 Qualifications 555.00 600 Clarity 165.00 200 Local Vendor Preference 0 100 Cost 240.00 400 Total II. DUE DILIGENCE REVIEW • Interview Ranking: Keyser Marston Associates Ranked number 1 in interview. Their experience and expertise exceeded the other firms. • References and Background Ranking: Based on their expertise in the field, knowledge of Huntington Beach, and understanding of the City's request and competitive rates, staff recommends Keyser Marston Associates. Vendor 1 Summari of R wiernr : _ %'; • Staffing: Above Average • Experience: Excellent • Qualifications: Above Average • References: Excellent Office of Business Development Economic Analysis Services SERVICE: Economic Analysis Services SERVICE DESCRIPTION: Provide consulting services to assist in the area of economic analysis. Advice and financial analysis for Economic Analysis, Successor Agency and Housing reporting. VENDOR: Vendor #2 OVERALL RANKING: Vendor 2 - 1505 SUBJECT MATTER EXPERTS/RATERS DEPARTMENTS SECTIONS: 1. City Manager's Office 2. Office of Business Development 3. Finance 4, Public Works III. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1505 Total Weighted Maximum Criteria Score Score Compliance with RFP 150.00 200 Technical Approach 400.00 500 Qualifications 525.00 600 Clarity 170.00 200 Local Vendor Preference 0 100 Cost 260.00 400 Total IV. DUE DILIGENCE REVIEW • Interview Ranking: Vendor 2 Ranked number 2 in interview. Their firm did well in the oral interview. • References and Background Ranking: Vendor 2 has a credible professional presence in economic development projects. • Lack of Huntington Beach history/knowledge of needs were a concern. Vendor-`2 = Sumrrtartt of Rev!er%' r • Staffing: Above Average • Experience: Above Average • Qualifications: Above Average • References: Above Average Economic Analysis Services RFP GRC Robert Vasquez 8060 Florence Avenue, Ste. 303 Downey, CA 90640 626-331-6373 Keyser Marston Associates Diane Chambers 500 South Grand Avenue, Ste. 1480 Los Angeles, CA 90071 415-398-3050 Kosmont Companies Larry J. Kosmont 865 South Figueroa Street, 35"' Fl Los Angeles, CA -90017 213-417-3300 Rosenow Spevacek Group Inc. Hitta Mosesman 309 West 4°i Street Santa Ana, CA 92701-4502 714-541-4585 Springsted Incorporated William W. Reynolds Warner Corporate Center 21300 Victory Boulevard, Ste. 1180 Woodland Hills, CA 91367 818-456-4861 Office of Business Development Economic Analysis Services SERVICE: Economic Analysis Services SERVICE DESCRIPTION: Provide consulting services to assist in the area of economic analysis. Advice and financial analysis for Economic Analysis, Successor Agency and Housing reporting. VENDOR: Keyser Marston Associates OVERALL, RANKING: Vendor i-1542.50 SUBJECT MATTER EXPERTSIRATERS DEPARTMENTS SECTIONS: 1, City Manager's Office 2. Office of Business Development 3. Finance 4, Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1542.50 Total Weighted Maximum Criteria Score Score Compliance with RFP 170.00 200 Technlcal Approach 412.50 50D Qualifications 555.00 600 Clarity 165,00 200 Local Vendor Preference 0 100 Cost 240.00 400 Total IL DUE DILIGENCE REVIEW • Interview Ranking-, Keyser Marston Associates Ranked number 1 in interview, Their experience and expertise exceeded the other firms. • References and Background Ranking: Based on their expertise in the field, knowledge of Huntington Beach, and understanding of the City's request and competitive rates, staff recommends Keyser Marston Associates, =1�endtit�l.,..;5°un`►maiv vfR�ile�_,� $�'. .� �� ..... _ -�� Staffing: Above Average • Experience: Excellent • Qualifications: Above Average References: Excellent Item 8. - 24 Office of Business Development Economic Analysis Services SERVICE: Economic Analysis Services SERVICE DESCRIPTION: Provide consulting services to assist in the area of economic analysis. Advice and financial analysis for Economic Analysis, Successor Agency and Housing reporting. VENDOR; Vendor #r`2 OVERALL RANKING: Vendor 2 - 1505 SUBJECT MATTER EXPERTS/RATERS DEPARTMENTS SECTIONS: 1. City Manager's Office 2. Office of Business Development 3, Finance 4, Public Works III. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1505 Total Weighted Maximum Criteria Score Score Compliance with RFP 150.00 200 Technical Approach 400.00 500 Qualifications 525.00 600 Clarity 170.00 200 Local Vendor Preference 0 100 Cost 260.00 400 Total IV. DUE DILIGENCE REVIEW • Interview Ranking: Vendor 2 Ranked number 2 in interview. Their firm did well in the oral interview. • References and Background Ranking: Vendor 2 has a credible professional presence in economic development projects. • Lack of Huntington Beach historylknowledge of needs were a concern. Vg�— =g �,'� • Staffing: Above Average • Experience: Above Average • Qualifications: Above Average References: Above Average Item 8. - 25 HB -82- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk March 21, 2017 Keyser Marston Associates, Inc. ATTN: Kathleen H. Head, Vice President 500 So. Grand Avenue, Suite 1480 Los Angeles, CA 90071 Dear Ms. Head: Enclosed is a copy of the fully executed "Professional Services Contract Between the City of Huntington Beach and Keyser Marston Associates, In. for Economic Analysis Services." Sincerely, Robin Estanislau, CMC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand