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HomeMy WebLinkAboutKEYSER MARSTON ASSOCIATES 5B - 2013A- 2013-165 AV ' - ( ZCt(3 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT, is made and entered into this 21st day of October, 2013, by and between Keyser Marston Associates (hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City "). RECITALS A. The City of Santa Ana ( "City') entered into a Consultant Agreement with Consultant dated October 1, 2012 (Agreement #N -2012 -132 referred to as ".said Agreement "), to retain a professional firm having special skill and knowledge in the field of financial consultation and development. The parties amended said Agreement on January 7, 2013. B. The parties desire to amend said Agreement to broaden the Scope of Work and add to the Compensation. 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: I. Section 1 of the Agreement, "Scope of Work ", shall be amended to broaden the services to encompass consulting services and project management with respect to various City projects and activities. The Scope of Work is hereby modified to add project and program advisory and implementation services, review of development opportunities, and assistance with the potential development of city -owned properties, in addition to seeking alternative approaches to financing post - redevelopment. 2. Section 3 of the Agreement, "Compensation ", shall be amended to increase the Compensation with an additional Twenty Thousand Dollars ($20,000) for a total not to exceed amount of Seventy Thousand Dollars ($70,000) for professional services rendered to the City. The hourly billing rate schedule for services rendered hereunder are as follows: Managing Principals $280, Senior Principals $270, Senior Associates $187.50, Project Manager $85, and Administrative Staff $80. 3. Section 5 of the Agreement, "Independent Contractor ", shall be amended to reflect that Consultant is aware of and acknowledges the provisions of California Government Code sections 21220 et seq., providing that, subject to certain specified exceptions, any person retired under the California Public Employees' Retirement System (PERS) may not be employed in any capacity by a contracting agency such as the City unless he or she has first been reinstated from retirement pursuant to the provisions of the Government Code. Any employment of Consultant by the City contrary to the provisions of California Government Code sections 21220 et seq. may result in serious financial consequences for both Consultant and City. Should Consultant's services be deemed to violate these provisions, the parties agree that Consultant shall reimburse PERS for payments and charges finally imposed pursuant to Cal. Gov. Code §21220 (b), relating to a retired member's obligations. In such instance, the City shall reimburse PERS for payments and charges imposed pursuant to Cal. Gov. Code §21220 (c), relating to a public employer's obligations. 4. All other terms and conditions included in said Agreement shall have the same force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ` Lis orck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager CONSULTANT Keyser Marston Associates, Inc. By� ad Title: Managing Principal a al ie_ R CERTIFICATE OF LIABILITY INSURANCE L.� DA`E' " /20' 3 1/28j2013 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 certIflcate holder Is an ADDITIONAL INSURED, the pollcy(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. 0589960 44 Montgomery St., 17th Fl. San Francisco CA 94104 006TAcT Donna de Fabio NAME: PNGNE (415) 957 -0600 eIXC Nd (4]51 JS) -05» E-MaL .dcle£abio @maroevich.coa. INSURERS AFFORDING COVERAGE NAIG9 INSURERA:Golden Eagle Insurance Co 0836 NgUREO Keyser Marston Associates, Inc. 55 Pacific Avenue Mall San Francisco CA 94111 INSURER B:Re ublic Indemnity ComRany of 2179 INSURERC:Evanston Insurance Co. X5378 INSURER D: INSURER E'. INSURER L,UVtKAGts CERTIFICATE NIIMBER114ASTER 2U12 -13 GFV1cil1N urnnoco. 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 VMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO Al I THE TFRMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUBR POLICY NUMBER POLICY EFF MMIOUIYYYY POLICY EXP MM O ,Y LIMITS_ GENERAL UA61U1Y AUTHORIZED REPRESENTATNE 20 Civic Center Plaza EACH OCCURRENCL f 1,000,000 Santa Ana, CA 92701 X COMMERDIAI GENERAL LIABILITY Donna de ee ^abio /DDF \ \� PR MI ESIEa aouunenca S 500,000 A C. AIMS -MACE r—xl ocC,:R X 218932329 12/1/2012 2/1/2013 MEO EXP (Any one person; 4 10,000 PERSONAL S AD, INURY ; 1, 000, 0c0 O Daductibla applies 3ENERAL AGGREGATE $ 2,000,000 G N L AGC-R_GATE LIMIT APPLICS PFRI PRODUCT6-CoMPIDPAGO ; 1,000,000 ppLICY X PRO- T LOC ; AUTOMOBILE LWBILITY CONGINCJ N' CE III 1,000 ODO A x ANY AJTO BGDP -Y wduRY (POrperspn; I S ALLowNED SCHEOULEO ALTS AUTOS X A 8932429 -2/1/2012 12/1/2013 6001LY w1URY (Par a.:IaunG3 X YR X NON OWNED WO FUTOS FROpEHTY DnMA ;E AUTOS r c ^men i 3 X comp SSOa x Con;sCO oci nsurnd Mamr'ni Cnma�na, S 1,000,000 X UMBRELLA LAB X OCCUR -EACH OCCURRENCE ; 4 , 000 , 000 A EXCESS DAa CLAIMS MADE AGGREGATE ; 4,000,000 DED I X I RETENTION $10,00 ; X PC 8932629 2/1/2012 12/1/2013 13 WORKERS COMPENSATION WCSLIA I6 OTI- X ` r r R AND EMPLOYERS' LIABILITY YIN N EACH ACCIp BI' ; 1,000,000 ANY PRCPRIETOR,PARTNERIEXECU'IVE ❑ N/A OFFICERiM ?NRER EXCI UDEDJ IMandamry In NH) 03954618 12/1/20]2 12/111013 -_ Ir yes. dercrlpe "Is- ` OISEA.3E- EAEVILCY=I3000 E.L. DISEASE -POL', LPAI':3 1 0 10 -000 DcSft,RTL.N OF OPERATIONS peluw C Professional Liability C- 852060 12/1/2012 12/1/2013 Edcn WrongleiI AV $',000,000 Retention: $50,000 R.tr. Date 11/11/19'x6 AGGREGAT=-J?/IT $2,000,000 OES CRIPNONGFOPERAnONS /LOCAnONSIVEHICLES IAB]ch ACOR0101,Addldnml Remarks Schedule, If more space is required) City of Santa Ana, City of Santa Ana Acting as Successor Agency and /or Housing Authority of the City of Santa Ana, itS afficerS, employees, agents, volunteers and representatives are Additional Insured w iJj respects to the Insured's operations. Insurance is Primary provided and -,a not contributory wit�on£ uther insurances carried. 30 Day Notice of Cancellation /10 Day for nonpayment of premium. RS Ypg0v� I� `c.15�ap SHOULD ANY OF THE ABOVE DESCRIBED POLIr.KS BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Executive Director of PHA AUTHORIZED REPRESENTATNE 20 Civic Center Plaza Santa Ana, CA 92701 Donna de ee ^abio /DDF \ \� ACORD 23 (2010i0S) © 1588 -2010 ACORD CORPORATION. All rights reserved. IN 50251m uas p' 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 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 is /are named as Additional Insured(s) on the Commercial General Liability policy. Keyser Marston Associates, Inc. provides professional services to; 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 therefore 'completed operations' coverage would be addressed under the Professional Liability policy shown as "Insurer V on the attached Certificate of Insurance. rrOR� $ ZO A� �44AO�E �i'U S�ORia�ney ��SP ECd`i Pt P5 JA COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 POLICY NUMBER: CBP8932329 Effective Date: 12/01/2012 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 fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) i or Organ fzatiorl _ ; Location(s) of Covered Operations City of Santa Ana, City Successor Agency and/ the City of Santa Ana, agents, volunteers and of Santa Ana Acting as Dr Housing Authority of its officers, employees, representatives It is understood and agreed that this Insurance I 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 A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or crganization(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. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exciu- sions apply This insurance does not apply to "boday injury" or "property damage" occurring after: 1. All work, includirg 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 prrnci- n, 11 Pal as a part of the same project. ,p � V 0 ISO Properties, Inc., 2004 R0 RS � py4 0-, N P 41 1 c 3� 4 POLICY NUMBER- 3A 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 cy 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 12im iz Named Insured Countersigned by - -�' K2ySeR M STON ASSOCIARES, INC. SCHEDULE Name of Persons) or Organization(s): C4"y cf Santa Ana, City of saata Ana Acting as Successor Agency and or Housing A.thcrity of the City of .Tanta Ana et el tAumonzea KepresenlaflVe) (If no entry appears above, information required to complete this endorsement will be shown in the Declaraticns 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 Farm. O Y�Z,it �GK CM PIS ��� \O� I���� CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page t of 1