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HomeMy WebLinkAboutKEYSER MARSTON ASSOCIATES (2) - 2013. , A-2013-009 J0R MAY PP r ? -2_20 AMENDMENT TO CONSULTANT AGREEMENT THIS AMENDMENT TO CONSULTANT AGREEMENT, is made and entered into this 71" day of January, 2013, by and between Keyser Marston Associates (hereinafter "Consultant") and the City of Santa Ana, a charter city and municipal corporation (hereinafter City ). d v t RECITALS A. The City of Santa Ana ("City") entered into a Consultant Agreement with Consultant dated October 1, 2012 (Agreement #N-2012- 151 referred to as "said Agreement"), to retain a professional firm having special skill and knowledge in the field of financial consultation and development with regard to two specific City-owned properties. B. The parties desire to amend said Agreement to expand the Scope of Work, add to the Compensation and extend the Term thereof. 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. Section 1 of the Agreement, "Scope of Work", shall be amended to expand the Scope of Services to include as-needed services related to the proposed development of property owned by the City and Housing Authority, and potentially other properties in the vicinity of the Santa Ana Regional Transportation Center, as set forth in the Proposal dated October 31, 2012, attached hereto and incorporated herein as Exhibit A. These services include, but are not limited to: providing assistance to the City in evaluating the Master Plan proposals as they are created, assisting to define and analyze the public revenue sources that may be generated by the proposed development, balancing the City's goal to maximize the return on public investment with the City's transit goals and objectives, and analyzing the market and financial feasibility of the development proposals that are submitted for the proposed development site. 2. Section 3 of the Agreement, "Compensation", shall be amended to increase the Compensation with an additional Twenty Five Thousand Dollars ($25,000) for a total not to exceed amount of Fifty Thousand Dollars ($50,000) for professional services rendered to the City. When specific tasks are identified by the City, Consultant shall provide a fee estimate for City authorization prior to commencement of work. The hourly billing rate schedule for services rendered hereunder are as follows: Managing Principals $280, Senior Principals $270, Senior Associates $187.50, and Administrative Staff $80. 3. Section 4 of the Agreement, "Term", shall be amended to extend the term through December 31, 2015 in order to perform the services as amended and expanded. The term of said Agreement may be extended upon a writing executed by the City Manager, the Consultant and the City Attorney. 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 Amendment the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA Pa Walters City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: L Lisa Storck Assistant City Attorney CONSULTANT Keyser Marston Associates, Inc. l' By: Kathleen Head Title: Managing Principal G?j KEYSER MARSTON ASSOCIATES ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT October 31, 2012 EXHIBIT A (SCOPE) RIM F,IMI Sandi Gottlieb R!h(t{li?l'M,mIN N1 I ArIORDAMI 1-1011SIM; Project Manager ELI)\UA11tUtVPIPRV1PN1 City of Santa Ana 20 Civic Center Plaza A. I I RRY KI: Yti I-R I Santa Ana California 92701 UII11)( :. Kr LEY , KNII EARII F11"A DI'tIM M_ KI IUd Dear Sandi: 8110 F. K,AWAIIAR.-A DAV{ 1) Doi /, M 1 It,; A^,;-,,,,, Keyser Marston Associates, Inc. (KMA) is pleased to submit the following proposal to KAIIIII IN II. 11 1111) provide selective financial consulting services to the City of Santa Ana (City). IAMI t A. RARI G,,,,;t In D, Soo Hoo Specifically, KMA is proposing to provide as-needed services related to the proposed K"''^ E EKG•IRom development of approximately nine acres of propert owned b the Cit and the I(ti [I 4 Rom t) y, y y Housing Authority of the City of Santa Ana (collectively referred to as the "City Site"), in the vicinity of the Santa Ana Regional Transportation Center (SARTC). At a future date G, kAl 1) M 1 Iumr•11 , PAIAC S,ARI:.4 the County of Orange (County) may agree to combine 11.5 acres of County owned land (County Site) with the City Site to create a consolidated development site. The following proposal is organized as follows: 1. KMA's understanding of the assignment is described. 2. A summary of KMA relevant qualifications is provided. 3. The scope of services being proposed by KMA is identified. 4. Timing and budget estimates for the proposed scope of services is provided. BACKGROUND STATEMENT Over the past several years, the City has undertaken transportation planning and master planning studies for the 94-acre Station District, which includes the City Site, including the SARTC. These studies provide conceptual visions for the mix of commercial development that could potentially be undertaken in the general area. 500 SOUTH GRAND AVENUE. SUITE 1480 7 LOS ANGELES. CALIFORNIA 90071 > PHONE 213 622 8095 > FAX 213 622 5204 KMA Proposal 10-31-12; KMA:KHH % W W. KEYS E RMARSTON.COM 99900.900 Sandi Gottlieb City of Santa Ana October 31, 2012 Page 2 In 2009, after a competitive process, the former Santa Ana Community Redevelopment Agency entered into predevelopment agreements with Santa Ana Station District, LLC (Developer). The Developer is currently constructing an affordable housing project in the Station District. It is anticipated that the City and the Developer will enter into an "Exclusive Negotiating Agreement" related to the creation and implementation of a master plan for the development of the City Site. The Developer's role in the process is to assist in the development of such a plan for the City Site in coordination with other land use and transportation planning efforts in and around the SARTC. It should also be noted that at a later date the County may also enter into agreements with the City and the Developer related to the including the County Site in the master planning and development process. The City is requesting that KMA provide financial consulting services on an as-needed basis to assist in creating a financial and operational framework under which the City will pursue the development of the City Site, and potentially a larger site in conjunction with the County Site (Proposed Development Site) . These services include, but are not limited to: 1. Providing assistance to the City in evaluating the Master Plan proposals for the City Site/Proposed Development Site as they are being created; 2. Assisting the City in defining and analyzing the public revenues sources that may be generated by the proposed development; 3. Balancing the City's goal to maximize the return on public investment with the City's transit goals and objectives; and 4. Analyzing the market and financial feasibility of the development proposals that are ultimately submitted for the City Site/Proposed Development Site. STATEMENT OF QUALIFICATIONS Firm Identification KMA is a full service real estate, financial, and economic consulting firm. Founded in 1973, KMA is a privately held California corporation with three offices located in Los Angeles, San Diego and San Francisco. Our diverse staff includes approximately 33 members. KMA's unique strength is the depth, continuity and availability of our principals who average more than 25 years of practical experience working with our public sector and KMA Proposal 10-31-12; KMA:KHH 99900.900 Sandi Gottlieb October 31, 2012 City of Santa Ana Page 3 institutional clients. All work assignments are directly supervised by a principal, and it is the personal involvement of our principals that contribute to the firm's ongoing success. KMA's principals are frequent speakers to such industry groups as the Urban Land Institute, the International Council of Shopping Centers, the League of Cities, the California Redevelopment Association and similar organizations. KMA's advisory practice is well grounded in policies and practices pertaining to local governments. Our technical skills are based on a fundamental understanding of real estate markets, valuations, financing and investment parameters. The firm specializes in structuring public/private partnerships while designing effective development policies and strategies. KMA serves clients throughout the western United States, including nearly every major municipality in California, several joint-powers authorities and a mix of clients such as transit agencies, port authorities, base closure authorities, county and special districts, school districts, colleges and universities, hospitals, Indian tribes and other large property owners. KMA has cultivated specializations within the firm in order to provide the highest level of expertise across a broad range of services. KMA is able to draw on our internal expertise in all the major land uses with specific emphasis on economic analysis, market analysis, fiscal impact analysis, public finance, public facilities financing plans, affordable housing, and nexus analyses. Depth of Experience KMA is known for its full range of real estate services that are provided to its public sector clients. One of KMA's strengths is the use of market demand analyses together with economic analyses to evaluate the financial feasibility of a wide range of projects. These analyses are typically utilized to assist clients in understanding the economics presented by private sector developers and then identifying and quantifying the amount and source of potential public investment in such projects. Descriptions of KMA's experience directly related to the proposed engagement follow: Real Estate Services Disposition Consulting KMA's disposition services include assisting clients with the preparation of developer solicitation documentation, analysis of development proposals, developer selection, participation in negotiations, and analysis and advice regarding pending agreements. If requested, KMA takes an active role in the negotiation process, a role which has lead to literally hundreds of land disposition transactions. KMA Proposal 10-31-12; KMA:KHH 99900.900 Sandi Gottlieb City of Santa Ana October 31, 2012 Page 4 An engagement that is particularly pertinent to this proposed assignment is KMA's financial consulting services to the Grand Avenue joint-powers authority comprised of the Los Angeles Community Redevelopment Agency (CRA/LA) and the County of Los Angeles. The Grand Avenue project includes properties owned by County and the CRA/LA. KMA assisted in the developer solicitation and selection process, and participated in the negotiations for the implementation of this major mixed-use project. Market Feasibility Assessment KMA undertakes real estate feasibility studies to help clients identify the demand for a variety of land uses. These analyses represent an essential component in a client's strategic land planning process. Specifically, the Los Angeles office has prepared numerous commercial, industrial, retail and housing market opportunity assessments, and has assisted public agencies in the identification and implementation of mid- to long- term implementation strategies. Many of these analyses have been conducted in support of specific plan activities. Project Financial Evaluation KMA's expertise in pro forma analysis has been employed by clients to evaluate the financial feasibility of a wide range of projects. Financial feasibility analysis provides clients with a clear perspective on private sector development economics for proposed projects. This service is a key factor in identifying the need for, and extent of, public investment. Land uses within our expertise include a variety of transit-oriented regional and local uses, as well as hotels, office, retail, industrial, market rate and affordable residential, and entertainment-oriented sports and convention centers. KMA advises clients regarding financial structuring utilizing its expertise in the deployment of public revenue funding sources. These sources include Mello Roos financing, parking revenue bonds, Certificates of Participation, Section 108 loans, Brownfield Economic Development Initiative (BEDI) and other grants and loans, including the use of developer advances. Fiscal Analysis Fiscal Impact Analysis KMA has developed extensive experience in fiscal/economic impact analysis, specifically in the assessment of revenue and cost impacts to public entities as a result of proposed development or implementation plans. KMA's analyses evaluate both annual and capital public revenues and compare them with the service cost impacts. KMA Proposal 10-31-12; KMA:KHH 99900.900 Sandi Gottlieb October 31, 2012 City of Santa Ana Page 5 KMA has completed a number of assignments evaluating the financial consequences of public vs. private ownership of public facilities and other infrastructure improvements. Economic Benefits Analysis KMA's panoply of services includes assessment of site-specific public revenues that can also include evaluations of population, employment and income effects. KMA has provided site-specific revenue analyses for projects ranging from small infill developments to major catalytic mixed-use projects. Strateqic Plans for Retail, Commercial and Industrial Uses KMA's economic development services include identifying the optimal mix of retail, commercial and industrial uses. KMA advised the City of Long Beach on the conversion of a 260-acre manufacturing facility to modern commercial uses (Douglas Park), and worked with the City of Los Angeles to preserve and retain its industrial economic base. KMA's services have assisted public sector clients in formulating policies that maximize future public revenue potential while maintaining an appropriate land use balance. Business Incentive Programs KMA has evaluated various business retention mechanisms, including sales tax rebate, property tax rebate, utility tax discounts, and direct financial assistance. KMA also advises Business Improvement Districts (BIDs) on commercial revitalization programs through the design of positioning and repositioning strategies, through the identification of market potential and niche opportunities, and how to retain and attract specific tenants. We assist in negotiations with property owners, brokers, prospective retailers, and local officials, as well as assisting with the structuring of funding programs. PROPOSED SCOPE OF SERVICES At this point in the process, it is difficult to identify the precise mix of services that will ultimately be required to meet the City's needs. The mix of services that KMA can provide to assist the City in this process can be summarized as follows: 1. Assist the City in evaluating the Master Plan alternatives that are created; 2. Consult, assist and advise the City with respect to disposition strategies for the City Site/Potential Development Site, including market, financial and implementation issues; 3. Undertake financial testing of land use and development concepts, including estimated development costs, income and investment parameters; KMA Proposal 10-31-12; KMA:KHH 99900.900 Sandi Gottlieb October 31, 2012 City of Santa Ana Page 6 4. Structure options for land disposition business terms with the developer(s) selected to undertake the projects; 5. Advise on alternative financing options for a public private partnership, including funding of public improvements and private investments; 6. Provide technical support to the City's legal counsel in drafting the financial terms of the proposed transaction; 7. Assess the fiscal impact of the proposed projects on the City's General Fund; 8. Analyze the economic impact of the projects to the City; 9. Assist the City in creating an equitable transaction structure to guide the disposition of the City and County owned properties if the County chooses to participate in the process; 10. Participate in formal and informal discussions and public presentations; and 11. Assist as needed with other issues identified by the City. TIMING / BUDGET KMA proposes to undertake the proposed scope of services on an as-needed basis at the City's direction. It is our assumption that KMA will be asked to provide services at staggered intervals over time. Given that the scope of services that will ultimately be requested by the City cannot be clearly defined at this time, it is not possible to provide a fixed-fee quote for this engagement. For budgetary purposes, KMA proposes to set the total fee for services at a not-to-exceed amount of $25,000. When specific tasks are identified by the City, KMA will provide a fee estimate for City authorization prior to the commencement of work. If at any time KMA believes that the $25,000 budget cap could be exceeded, we will contact the City immediately for further direction. The hourly billing rate schedule that will apply to this engagement is presented below: Managing Principals $280.00 Senior Principals $270.00 Senior Associates $187.50 Administrative Staff $80.00 KMA Proposal 10-31-12; KMA:KHH 99900.900 Sandi Gottlieb City of Santa Ana October 31, 2012 Page 7 KMA appreciates the opportunity to present this proposal. If there are any modifications that will make the proposal more responsive to your needs, or if you require any additional information, please do not hesitate to call us. Sincerely, KEYSER MARSTON ASSOCIATES, INC. Kathleen Head KMA Proposal 10-31-12; KMA:KHH 99900.900 A? °® CERTIFICATE OF LIABILITY INSURANCE 1/28/201Y3 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 CONTACT Donna de Fabio NAME: MOC Insurance Services PHONE (415) 957-0600 AA/C No (415)957-0577 License No. 0589960 E-MAIADURLESS: ddefabio@maroevich. com 44 Montgomery St., 17th Fl. INSURERS AFFORDING COVERAGE NAIC # San Francisco CA 94104 INSURERA-.Golden Eagle Insurance Co 10636 INSURED INSURER B.RePUbliC, Indemnity Company of 22179 Keyser Marston Associates, Inc. INSURER C -Evanston Insurance Co. 5376 55 Pacific Avenue Mall INSURER D: INSURER E ; San Francisco CA 94111 INSURER F: COVFRAnPR CFRTIFICATF NIIMRFR•MASTER 2012-13 RFVI-glnN NI IMRFR- 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 ADDL SUBR POLICY NUMBER POLICY EFF MMIODIYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE - $ 1,000,000 X COMMERCIAL GENERAL LIABILITY - TO RENTE5 - PREMISES Ea occurrence $ 500,000 A CLAIMS-MADE F x1OCCUR X BPO932329 12/1/2012 12/1/2013 MED EXP (Any one person) $ 10, 000 O Deductible applies PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY X PRO- 1 LOC JFCT F $ AUT OMOBILE LIABILITY COMBINED N LELIMIT (Eq B' nt 1 000 000 A x ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X A 8932429 12/1/2012 12/1/2013 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE P r c ident $ X Camp $500 X Coll $500 Uninsured Motorist Combined $ 1,000,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS UAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED X RETENTION$ $10,00 X U 8932629 12/1/2012 12/1/2013 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU- OTH- Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 3954618 12/1/2012 12/1/2013 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability 0-852080 12/1/2012 12/1/2013 Each Wrongfull Act $1,000,000 Retention: $50,000 etro Date 11/11/1976 AGGREGATE LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional 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 officers, employees, agents, volunteers and representatives are Additional Insured wi i respects to the Insured's operations. Insurance provided is Primary and is not contributory wit(5n other insurance carried. 30 Day Notice of Cancellation/10 Day for nonpayment of premium. AS 9 QR v ? v 1 VCM I Irl"M 1 C n%JL.UClrt L ANL rLLA I IUN I Z/VJ"-? \tiYl r City of Santa Ana Executive Director of P13A 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POL100-23'6E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE de Fabio/DDF -, C?+vvw....+ c, AUUKU ZO (ZUTUIUb) U 1988-2010 ACORD CORPORATION. All rights reserved. INS026 (201005).01 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. It& $ SO E `?/"?' -(ORGY rey E.. S Pt?Ot ??SP ? G?ty Ss\S?ar A 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 following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organ Izations : 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 11 - 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. ? o C 1? CG 20 10 07 04 © ISO Properties, Inc., 2004 0,j P r,.. 4*W A4 S.\ OG P c?e,?tn\?1 ? 3I4 POLICY NUMBER: BA 8932429 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 SCHEDULE 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 12/01/12 Named Insured Countersigned by KEYSER MARSTON ASSOCIATES, INC. Name of Person(s) or Organization(s): City of Santa Ana, City of Santa Ana Acting as Successor Agency and or Housing Authority of the City of Santa Ana et al COMMERCIAL AUTO CA 20 48 02 99 (HUtnorizeo ttepresentative) (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. S to ?4 ,P ? S-?OP? Utrey SS`S?ar P f CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 -?7/)4?0i3 c??q A CERTIFICATE OF LIABILITY INSURANCE D/28/2013Y) 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 CONTACT Donna de rabic NAME - MOC Insurance Services PHONE (415)957-0600 AC (415)959-0597 Net. License No. 0569960 a E'oIL .ddefabio@maroevich.oom 44 Montgomery St., 17th Fl. INSURERS AFFORDING COVERAGE NAICM San Francisco CA 94104 INSURERA:Golden Eagle Insurance Co 10836 INSURED INSURER B:Re UbliC Indermnit Company of 22179 Keyser Marston Associates, Inc. INSURER C:Evans ton Insurance Co. 35376 55 Pacific Avenue Mall INSUaeR O: NSURER E: San Francisco CA 94111 INSURER F: COVERAGES CERTIFICATE NUMBERMASTER 2012-13 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 DR 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 TYPE OF INSURANCE ADDL UBR POLICYNUMBER POLICY EFF YY POLICY EXP /Do LIMITS GENERALUABILITY EACH OCCURRENCE_ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY EDAMAGES( R rre oELATE n ISET E e $ 500,000 A CLAIMS-MADE ? OCCUR X BP8932329 12/1/2012 12/1/2013 MED EXP (Any one person $ 10,000 o Deduotible applies PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEDPL AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY X PRO LOC $ AUT OMOBILE LIABILITY E8 BIKED SINGLE LIMIT 1,000,00o A X ANY AUTO o APPROVED `GL AS rO FOR BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X A 89324 29 12/1/2012 12/1/2013 BODILY INJURY(Psraccldent) $ X HIRED AUTOS X NON _OWNED AUTOS PROPERTYD MMA08 (Per I $ X Camp $500 X Coll $600 Uninsured Motorlst Combined $ 1 000, DDO X UMBRELLA LIAR X OCCUR ?- EACH OCCURRE 4 000 000 H It O DGE NCE , , $ A EXCESS LIAR CLAIMS-MADE . AGGREGATE $ 4,000,000 LED X RETENTION$ 510,000 X ?pe O 893262 y IMA9PZe'I 12/1/2D13 I $ 13 WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY X WCSTATU- OTH- OR LIM ER - - YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ? NIA E.L. EACH ACCIDENT $ 1 ODD DDD OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 03954618 12/1/2012 12/1/2019 E.L. DISEASE - EA EMPLOYE $ 1,000,00 0 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1 00D 000 Professional Liability 0-852080 12j1/Z012 12f1/201.3 Each Wrongful Act $1,000,000 Retention: $50,000 etro Data 11/7.1/1976 AGGREGATELIMIT $2,000,000 DESCRIPTION OFOPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional 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 officers, employees, agents, volunteers and representatives are Additional Insured with respects to the Insured's operations. Insurance provided is Primary and is not contributory with any other insurance carried. 30 Day Notice of Cancellation/10 Day for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION 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 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 Donna de Fabio/DDF cr+M. vrsa,.,, ACORD 26 (2010/06) INS 025 (2010D5) at © 1988.2010 ACORD CORPORATION. All rights reserved. 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 Agencv 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. 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 -W 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): Locations 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. S. 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 Oc ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: BA 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 lz oI az Named Insured Countersigned by KEYSER MARSTON ASSOCIATES, INC. (AUtnorlZee KepresemaHve) SCHEDULE Name of Person(s) or Organization(s): City of Santa Ana, City of Santa Ana Acting as Successor Agency and or Housing Authority of the City of Santa Ana et al (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