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HomeMy WebLinkAboutKEYSER MARSTON ASSOCIATES, INC. 4 - 2012i� a� r ,� �'V�.`t N- 20'12 -071 ��as�� uuu�w�w� etc of cou��N 2 i 2012 Z � n ^ �2� PROFESSIONAL SERVICES AGREEMENT �dY� t C� `� rbC� THIS AGREEMENT, made and entered into this /day of �i�2� 2012 by and between KEYSER MARSTON ASSOCIATES, INC., a Califo a corporation ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of housing opportunity ordinances. B. Consultant represents that Consultant is able and willing to provide administrative policies manuals regarding implementation of the City's Housing Opportunity Ordinance requirements. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1 _ SCOPE OF SERVICES Consultant shall provide professional consulting services pertaining to housing opportunity ordinances, including the preparation of administrative policy manuals regazding implementation of the City's Housing Opportunity Ordinance requirements. The specific scope of services and budget is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the. City, and to its oft"icers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disciose, publish, translate, reproduce, and use such materials. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $24,000.00 during the team of this Agreement_ Payment by City shall be made within i3vrty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standazds of performance set forth in _the Recitals which may reasonably be expected by City. This Scope of Work and Compensation shall represent the final and maximum Scope of Work and Compensation between the parties for the preparation of administrative policy manuals regarding implementation of the City's Housing Opportunity Ordinance requirements. Said Agreement shall not be amended, and the compensation contemplated in this Agreement shall represent the final payment from City to Consultant. 4. TERM This Agreement shall commence on the date fast written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated eazlier in accordance with provisions below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. INDEPENDENT CONTRACTOR Consultant shall, during the entire tezYn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint ventm�e relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking perform�**+ce of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultants operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to_ be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish 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 affect Consultant`s right to be paid for its time and materials expended prior to notification of teanination_ 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. 7. INDEivINIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may azise due to 3 negligent acts, omissions or willful misconduct, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasoaable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF 1N'I�REST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Counci] 20 Civic Center Plaza P.O. BOX 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 4 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.0. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973 -1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant:Keyser Marston Associates, Inc. Kathleen Head Managing Principal 500 S. Grand Avenue, Suite 1480 Los Angeles, CA 90071 telephone (213) 622 -8095 telefacsimile (213) 622 -5204 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive D'irector may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, ter+r,lnation or other employment related activities. Consultant a$'inns that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govenunental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. 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, including reasonable costs and attorney's fees, 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 7L� MARIA D. HUIZAR Clerk of the Council APPROVED A5 TO FORM: SOMA R. CARVALHO City Attorney By. ; Ryan O, o ge Assistant y Attorn y RECOMMF1�iDED FOR APPROVAL: J Y TREVINO Executive Director - PBA CITY OF SANTA ANA �� �y � PAi3L M. WALTERS City Manager 7 KEYSER MARSTOPT ASSOCIATES, Ilvc. KATHLEEN HEAD Managing Principal EFIIBIT A SCOPE OF SERVICES (Attached) >�'�1 KGYSER MARST�jV ASS�CLATES ADVISORS 1N PlFRL1C /P RCVATE REAL ESTATE DEVELOPMENT June 5, 2012 Al)�'UJRi aH: R FAI Ezwri Karen HaIUZa RI I)FVFI ur.aF u r AIFt)MA6IS HJVSrKi: Planning Manager Ea:a.�a.wur bFYF)a )rMINI City of Santa Ana Si)+ rRWa I)C.a� 20 Civic Center Plaza - M2O A. ItRRY KIYSCR Santa Ana, California 92702 n...rnrvc_ KEUY Karl E.11IlE F11VK DtR4IF 7.a. RF 0.N Dear Karen: RcFOT. 1�A \4Al1AR.a D ?vsr) DuF]r HA Los A�crlr< Keyser Marston Associates, Inc. {KMA) is pleased to present the following proposal to KAllll EML rr. rlr.n provide consulting services related to the City of Santa Ana (City) Housing Opportunity Iwwacs A Rwal GRFt_a)mr o- sa><) -rl�.. Ordinance (HOD). Specifically, KMA is proposing to prepare administrative policies "F °': e- LHC "'aa'-`" manuals that spell out the steps for the City to take in implementing tha HOO )VIIF L Ra L41LY requirements. Sam Dn);.. cFRnu) bLTR1J.aeu PROPOSED SCOPE OF SERVICES rAF.L c_ AanRwa KMA is proposing to prepare three administrative policies manuals that can be described as follows: 1 _ A manual that describes the responsibilities that must be fulfilled for the developers of ownership housing units that are subject to the 1-100; 2. � A manual that describes tha requirements that will be imposed on the purchasers of affordable housing units that are produced under the HOD; and 3. A manual that describes the responsibilities that will be imposed on the developers of rental units that are subject to the HOD. The topics that will be covered by the manuals are summarized in the following sections of this proposal. Admintstrative Pollcy Manual for Ownership Housing Developers The following chapters will be included in the manual: 500 SOIn'H GRAND AVENUE. SUITE 1480 D LOS ANGELES. CALIFORNIA 90071 > Pt1UNE 213 622 8095 > FAX 213 622 5204 1205010; KMA:KHH �VNM1 \.KEYS E Rla{ARSTON.CO.vI 99900.90D Karen Haluza June 5, 2012 City of Santa Ana Page 2 1 . An introduction to the HOO requirements 2. A presentation of the defined terms that are used in the manual - 3. Program administration terms 4. Methodology for identifying eligible purchasers 5. Descriptions of the home buyer application and disclosure documents 6. Methodology for calculating affordable sales prices 7. Definitions of the financing underwriting criteria that will be imposed on home buyers 8. Policies related to complaints and appeals to the City 9. Descriptions of the monitoring and enforcement activities that will be undertaken by the City KMA will prepare the following attachments for the City's use: 1. A home buyer application form 2. Sample disclosure statements 3. The current household income chart to -be used in qualifying households to purchase affordable units in projects subject to the HOO 4. The current utilities allowances to be used in calculating the affordable sales prices for units subject to the HOO 6. An affordable sales price calculation form 6. An in -lieu fee calculation form Administrative Policy Manual for Purchasers of Affordable Housing Units The following chapters will be included in the manual: 1 _ An introduction to the initial requirements that will ba imposed on the purchasers of units restricted under the HOO, and the resale requirements that will be imposed on these home owners 2. A presentation of the defined terms that are used in the manual '1205070; KMA:KHH 99900.900 Karen Haluza City of Santa Ana June 5, 20'12 Pages 3 3_ Program administration terms 4_ Methodology for. identifying eligible purchasers when the unit is resold during the covenant period 5. Descriptions of the home buyer application and disclosure documents 6_ Methodology for calculating the affordable safes price when the unit is resold during the covenant period 7. Definitions of the financing and refinancing requirements that will be imposed on program participants KMA will prepare the following attachments for the City's use: 1 _ A home buyer- application form 2. Sample disclosure statements 3. The current household income chart to be used by home owners that wish to resell their home 4. The current utilities allowances to be used in calculating the affordable sales prices for units that are being resold 5. An affordable sales price calculation form - 6. A certification Form that will be sent to HOO participants annual{y to verify that they continue to reside in the home as their primary residence Administrative Policy Manual for Developers of Rental Units The following chapters will be included in the manual: 1. An introduction to the HOO requirements 2_ A presentation of the defined terms that are used in the manual 3. Program administration terms 4. Methodology for identifying eligible renters 5. Methodology for calculating the affordable rents 6. Policies related to complaints and appeals to the City 1205010; KMAKHH 89900.300 - Karen Haluza - June 5, 2012 City of Santa Aria - Page 4 7. Descriptions of the monitoring and enforcement activities that will be undertaken by the City KMA will prepare the following attachments for the C[ty's use: - 1. The current household income chart to be used in qualifying households to rent affordable units in projects subject to the HOO 2. The current utilities allowances to be used in calculating the affordable rents for units subject to the HOO 3. A sample annual tenant recertification form 4. A sample annual rental housing compliance report 5. An in -lieu fee calculation form DOCUMENTS TO SE PREPARED BY THE CITY STAFF KMA has been instructed to assume that the City staff will prepare a number of the documents that will be included in the three manuals_ The documents that KMA is assuming will be prepared by the City staff can be described as follows: Administrative Policy Manual for Ownership Housing Developers 1. A summary of the basic HOO terms that will be provided to prospective developers 2. An identification of the affordable housing plan format that developers will be required to use in seeking approval from the City Administrative Poticy Manual for Purchasers of Affordable Housing Units 1. A description of the methodology for filing complaints and appeals to the City 2. A description of the monitoring and enforcement activities that will be undertaken by the City 3. A summary of the basic HOO terms that will be provided to prospective purchasers of affordable housing units under the HOO 4. A brochure that provides answers to frequently asked questions about the HOO program recjuirements as they pertain to prospective home buyers '1205010; KMAKHH 9990D_900 Karen Haluza .lone 5, 2012 City of Santa Ana Page 5 Administrative Policy Manual for Developers of Rental Units A summary of the basic HOO terms that will be provided to prospective developers 2. An identification of the affordable housing plan format that developers will be required to use in seeking approval from the City PROPOSED i3UDGET AND TIMING KMA is proposing to undertake the proposed scope of services on atime- billed basis in accordance with the following billing rate schedule. For budgetary purposes, KMA estimates that the proposed scope of services can be completed for a cost in the range of $24,000. KMA proposes to submit draft administrative policies manuals within six weeks of receiving authorization to commence work. It is our assumption that the City staff will then review and comment on the draft documents within the following two -week period. Upon receipt of the comments, KMA will complete the final documents within two weeks_ KMA looks forward to the opportunity to work with you on this assignment. Please feel free to contact us if you this proposal can be adapted in any way to better suit your needs. Sincerely, KEYSER MARSTONA�S�SOC�IAQTES, INC. Kathleen Head 72050'10; KM/�KHH 99900.900 201 i /2012 Managing Principals $280.00 Senior Principals $270.00 Senior Associates $187.50 Administrative Staff $80.00 KMA proposes to submit draft administrative policies manuals within six weeks of receiving authorization to commence work. It is our assumption that the City staff will then review and comment on the draft documents within the following two -week period. Upon receipt of the comments, KMA will complete the final documents within two weeks_ KMA looks forward to the opportunity to work with you on this assignment. Please feel free to contact us if you this proposal can be adapted in any way to better suit your needs. Sincerely, KEYSER MARSTONA�S�SOC�IAQTES, INC. Kathleen Head 72050'10; KM/�KHH 99900.900 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABIi.ITY POLICY Insurance Company "I his endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agenis, volunteers and representatives are named as additional insureds { "additional insureds ") _with regard to liability and defense of suits aricinoo from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative LS ,a►co�ro° CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 11/26/2011 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 Ileu of such endorsement(s). PRODUCER MOC 2nsuranca Services License No. 0569960 44 MOntgoma ry $t. , 17th F1 San Francisco CA 94104 NTA T Donna de FabiO PHONE (415) 957 -O GOO FAX (415)95") -0577 -MAIL .ddefabio @maroavich. com INSURERS AFFORDING COV ERAGE NAIC# INSURERA Hartford Casualt Sns_ Co. 9424 INSURED Kayser Marston Associates, Inc. 55 Pacific Avanua Ma 11 San Francisco (��. 94111 INSURER B Hartford 1622 INSURERC Ra ublic lndamnit Com an o£ 2179 INSURERD 3dt. Haw1a Snsuranca Co. INSURER E $ 1 , 000 , 000 INSURERF: X COMMERCIAL GENERAL LIABILITY 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. INTR TYPE OF INSURANCE U POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 X COMMERCIAL GENERAL LIABILITY P I $ 300 , 000 A CLAIMS -MADE � OCCUR X 7UUNPV0563 RAVE, � /'���� /2012 MED EXP (Any one parson) $ 10 , 000 PERSONAL 8 ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER_ PRODUCTS - COMP /OP AGG $ 1 , 000 , 000 I a $ X POLICY PRO LOC (D ' � AUTOMOBILE LIABILITY MBINED IN LE LIMI Eaa itle t 1 000 000 C y Attorn X A ANV AUTO BODILY INJURY (Per parson) $ BODILY INJURY Per accident ( $ ALL OWNED SCHEDULED AUTOS AUTOS X 7T3CiNPV0563 - 2/1/2011 12/1/2012 X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE P r ac itlent $ X Uninsured motons[combinetl $ 1 000 000 COMP 5500 X Coll $500 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4 , 000 , 000 AGGREGATE $ 4 , 000 , 000 B EXCESS LIAB CLAIMS -MADE DED X RETENTION 10,00 $ X 7RHU1W0506 2/1/2011 2/1/2012 C WORKERS COMPENSATON WC STATU- DTH- AND EMPLOYERS' LIABILITY Y / N X E.L. EACH ACCIDENT $ 1 000 000 ANV PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXG LU DED7 � (Mandatory In NH) N / A 95461617 2/1/2011 2/1/2012 E.L. DISEASE - EA EMPLOYE S 1 000 000 If es, tlescnbe untler E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below D Professional Liability 0- 848728 2/1/2011 2/1/2012 EACH WRONGFUL ACT $1,000,000 Retention: $50,000 atro Data 10/05/1976 AGGREGATE LIMIT $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Atldltlonal Remarks Schedule, H more space Is requlretl) Certificate holder is named as Additional Insured with respects to the Insureds operations. Par endorsement CG2010 0704 Community Redevelopment Agency City o£ Santa Ana 20 Civic Can tar Plaza Santa Ana, CA 92701 7 O /OS) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE de Fabio /DDF ��CMw�o- `�`�Q�C7 INS025 /ant nns� of Ttto Ar�rIRA name ar�ri I�r.� am rur�icterarl mar4� Of A(�rlR rl All riat)ts reserved COMMERCIAL GENERAL LIABILITY CG 20100704 POLICY NUMBER:- 57UUNPV0563 Effective Date_ 12/01/2011 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGAN IZATIO N This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons) or Or anization s = Location s of Covered O @rations Community Redevelopment Agency of the City of Santa Ana 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 r wired to com late this�Schedule, if not shown above, will be shown in the Declarations. A. Section 11 —Who Is An Insured is amended to include as an additional insured the persons) or organizations) 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 insureds) at the locations) desig- nated above. - B. With respect -to the insurance afforded to these additional insureds, the following additional exclu- sions app{y_ This insurance does not apply to "bodily injury" or "property damage" occurring after. - �. 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 insureds) 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 fora princi- pal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 ACC?R"® CERTIFICATE OF LIABILITY INSURANCE `,;i" DATE(MMIDDIYYYY) 11/21/2013 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(les) 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. 0569960 44 Montgomery St., 17th Fl. San Francisco CA 94104 CONTACT Halides Callejas PHONE (415)957 -0600 AX 0,(415)957 -0577 aoo'°ae s:hcallejas @mocins.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Golden Eagle Insurance Corp 10836 INSURED Keyser Marston Associates, Inc. 160 Pacific Avenue, Suite 204 San Francisco CA 94111 INSURER B:REI U]El Indemnity CompanV 22179 INSURERC - Evanston Insurance Cc 35378 INSURER D: INSURER E $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR COVERAGES CERTIFICATE NUMBER:MASTER 2013 -2014 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE HISS MD POLICY NUMBER MMI�D/YYYY MMIDYYIPY LIMITS Santa Ana, CA 92701 GENERALLIABILITY Halidee Callejas /HCA EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X BP8932329 12/1/2013 12/1/2014 DAMAGE RENTE PREMISES Ea occurrence $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 o Deductible applies GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 $ POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1 000 000 BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS 1XX ANY AUTO X 8932429 12/1/2013 12/1/2014 BODILY INJURY(Per accident) $ PROPERTY DAMAGE Parsed of $ X NO TOWNED HIRED AUTOS AUTOS Comp $500 X Coll$500 YA I 3 ®DGE Uninsured motorist combined $ 11000,000 X I UMBRELLA LIAB OCCUR $ 1 ®rney EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,00C $ X PU 8932629 12/1/2013 12/1/2014 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNERIEXECUTIVE Y OFFICER /MEMBER EXCLUDED? NIA 03954619 12/1/2013 12/1/2014 X I TWO STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,00D _ .0 Professional Liability E0855446 12/1/2013 12/1/2014 Each Wrongful Act $1,000,000 Retention: $25,000 AGGREGATE LIMIT $2,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) k "' City of Santa Ana, City of Santa Ana Acting as Successor Agency and /or Housing AutlTefity of`'�the City of Santa Ana, its officers, employees, agents, volunteers and representatives are Adctltionalj�Ansured with respects to the Insured's operations. Insurance provided is Primary and is not contributorj._Jwith any other insurance carried. 30 Da Notice of Cancellation 10 Da for nonpayment of rewi um. Y / Y P CERTIFICATE HOLDER CANCELLATION C.J.il ' ACORD 25 (2010105) I NS025 (201005).01 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I""" :' � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Executive Director of PEA AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana, CA 92701 Halidee Callejas /HCA ACORD 25 (2010105) I NS025 (201005).01 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 POLICY NUMBER: CBP8932329 Effective Date: 12/01/2013 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 Organization(s): Location(s) of Covered Operations City of Santa Ana, City of Santa Ana Acting as Successor Agency and /or Housing Authority of the City of Santa Ana, its officers, employees, agents, volunteers and representatives 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 0 ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: HA 8932429 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 12/01/13 Named Insured Countersigned by KEYSER MARSTON ASSOCIATES, INC. SCHEDULE Name of Person(s) or Organization(s): The City of Santa Ana, Housing Auth as Successor Housing Agency, its officers, employees,agents, volunteers and representatives (AUtnorized Kepresentative) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1