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HomeMy WebLinkAbout*AGMT - Keyser Marston & Assoc. • • .. City of Seal Beach FILE REFERENCE FORM DATE: / - 7 20 Initials: (rk Full file - Created New Folder: Older file exists: Related topic: see below File contains records - NOT PUBLIC (Public Records Act) Other: Comments: cc me,et S-2 - ,20 0 2 KE1sER MARSTON A - GsccIATEs ) t NC, gPA t7rsevoL - ipN �w�v Ges zdo2 o(9 -D5 - e2o0.2 -IV -D! g .//1/1 / l 1/l 1 U vV Ole k eg s ' i� Lo(( 1 f'c • 011 -\ • /0 teph SEALBEACH REDEVELOPMENT'AGENCY AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and effective as of June 5, 2002, between Seal Beach Redevelopment Agency ( "Agency ") and Keyser Marston Associates, Inc., a corporation ( "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on June 5, 2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 1, 2002, unless sooner terminated pursuant to the provisions of this Agreement. Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement. 2. TASKS TO BE PERFORMED Consultant shall perform the tasks set forth within "Supplemental Proposal ", dated May 22, 2002, for "Phase 1", described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance and fee amount that is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGENCY MANAGEMENT Agency's Director of Development Services shall represent Agency in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency's Executive Director shall be authorized to act on Agency's behalf and to execute all necessary documents that enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof. C: \My Documents \RDA \Keyser Marston Agreement.doc \LW\06 -06 -02 • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 5. PAYMENT a) The Agency agrees to pay Consultant on a monthly basis, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks by Consultant, its agents and attorneys engaged by Consultant (hereinafter "Consultant "). The total amount paid by the Agency shall not exceed Eleven Thousand Five Hundred Dollars ($11,500.00) unless additional payment is approved as provided in this Agreement. b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Executive Director and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. The Agency Executive Director may approve additional work not to exceed twenty - five percent (25 %) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the Agency Board. c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. 2 Keyser Marston Agreement i • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant, subject to the cap in Section 5a, the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 5c. 7. DEFAULT OF CONSULTANT a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b) If the Agency Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free 3 Keyser Marston Agreement Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect, and hold harmless the Agency, its officers, officials, employees, and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the Agency, its officers, employees, and agents may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the Agency. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. All Sections of this Agreement and any provision in Agency's Request for Proposal and Consultant's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent than any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or 4 Keyser Marston Agreement • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. a) Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Commercial General Liability /Umbrella Insurance - ISO -CGL form No. 00 01 11 85 or 88 and shall include occurrence coverage for bodily injury, property damage and personal injury. (2) Business Auto Liability /Umbrella Insurance - ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Starting and ending dates shall be concurrent. If Consultant owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. (3) Workers' Compensation /Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one millions dollars ($1,000,000) per accident or disease. Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects Agency, its officers, officials, employees, or agents. (4) Errors and omissions liability insurance appropriate to the Consultant's profession. b) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Errors and Omissions Liability: $1,000,000 per occurrence. 5 Keyser Marston Agreement • • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 c) Deductibles and Self- Insured Retention. Any deductibles in excess of ten percent (10 %) or self- insured retention must be declared to and approved by the Agency Executive Director. At the option of the Agency Executive Director, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respect to the Agency, its officers, officials, employees, agents, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions: (1) General liability and umbrella policies shall cover the Agency, its officers, officials, employees, agents, and volunteers are to be covered as insureds or additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees, agents, or volunteers. Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO -CGL policy with an edition date of 20001 or earlier, or other form as expressly approved by Agency, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. In no event shall the Consultant use an additional insured endorsement with an edition date of 20003 or later, absent express written authorization by Agency. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respect to the Agency, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the Agency, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 6 Keyser Marston Agreement • • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees, agents, or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and there shall be no cross liability exclusions that preclude coverage for suits between Consultant and Agency or between Agency and any other insured. Consultant expressly waives any claim against Agency for any covered act or event, and Consultant's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the coverage or limits available to Consultant exceed that required by this Agreement, and the Toss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein. e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the Agency. f) Verification of Coverage and Notice of Cancellation. (1) Consultant shall immediately furnish to Agency certificates of insurance or endorsements, satisfactory to Agency, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured Agency prior to any termination, suspension, cancellation, or non- renewal, or the reduction of available coverage, or any change in the terms of coverage. Certificates of insurance and /or endorsements may not contain any exculpatory wording that mitigates the responsibilities of Consultant or the insurer. (2) Consultant agrees that if Consultant commences work under this Agreement without first providing Agency copies of the required insurance 7 Keyser Marston Agreement • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 certificates or endorsements, that Consultant does so at its own and sole risk. In the event Consultant's insurance is not acceptable to Agency or copies of insurance certificates or endorsements are not provided, Agency shall have no obligations to compensate Consultant for such work unless Consultant possesses a notice to proceed from Agency for this work. (3) Within sixty (60) days of the commencement of this Agreement, Consultant shall furnish certified copies of the actual policies and endorsements. Failure to submit such policies shall constitute a material breach of this Agreement entitling Agency to any and all remedies at law or in equity, including summary termination of this Agreement. If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, Agency shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to Agency. Any premium for such coverage shall be charged to and promptly paid by Consultant or, at Agency's option, may be deducted from sums due to Consultant. (4) In the event of the premature termination of this Agreement for any reason, Consultant agrees to maintain the required insurance coverage until Agency provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated. g) Notice of Claim or Loss. Consultant agrees to provide immediate notice to Agency of any claim or loss likely to involve Agency or its employees or agents which exceeds $2,500 or is likely to exceed that amount. h) Sub - Consultant Insurance Requirements. Consultant agrees to require that all parties, including but not limited to sub - Consultants and additional Consultants or professional services with whom Consultant enters into contracts or whom Consultant hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant acknowledges and agrees that upon request, all agreements with sub- Consultants and others engaged in the project contemplated by this 8 Keyser Marston Agreement • • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 Agreement will be submitted to Agency for review. Consultant agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect Agency. 11. INDEPENDENT CONSULTANT a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner. b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 13. UNDO INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency of Seal Beach in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial 9 Keyser Marston Agreement • • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 inducement. No officer or employee of the Agency of Seal Beach will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity. 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his /her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 15. RELEASE OF INFORMATION /CONFLICTS OF INTEREST a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or sub - Consultants, shall not without written authorization from the Agency Executive Director or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or sub - Consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by 10 Keyser Marston Agreement • • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 16. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To Agency: Seal Beach Redevelopment Agency Attention: Agency Executive Director 211 Eighth Street Seal Beach, CA 90740 To Consultant: Keyser Marston Associates, Inc. Attn: Paul C. Anderson, Principal 500 South Grand Avenue, Suite 1480 Los Angeles, CA 90071 17. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Paul Anderson or Gregory D. Soo -Hoo shall perform the services described in this Agreement. Paul Anderson or Gregory D. Soo -Hoo may use assistants or legal counsel under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of either Paul Anderson or Gregory D. Soo -Hoo from Consultant's employ. Should he /she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and 11 Keyser Marston Agreement • • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 including, the date of termination or as may be otherwise agreed to in writing between the Agency Board and the Consultant. 18. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 19. GOVERNING LAW The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "A" hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. 22. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement 12 Keyser Marston Agreement • . Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 13 Keyser Marston Agreement • • Seal Beach Redevelopment Agency Agreement With Keyser Marston Associates, Inc., re: Redevelopment Agency Dissolution Services June 5, 2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. "AGENCY" SEAL BEACH REDEVELOPMENT AGENCY By JOHN B. �'AHORSKI AGEN B. DIRECTOR A - T: 1 , ' NCY SECRETARY APPROVED AS TO FORM . AGENCY COUNSEL "CONSULTANT" KEYSER MARSTON ASSOCIATES, INC. By — GREG • ' D. SOO -HOO PRINCIPAL 14 Keyser Marston Agreement .-., ACORD ATE OF LIABILITY IN URINCE DATE(MMIDD/YY) TM . �+ �+ S 06/27/2002 PRODUCER (415)957 -0600 FAX (415)957 -0577 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Maroevi ch O'Shea & Coghl an ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 25 Market Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0th Floor San Francisco, CA 94105 INSURERS AFFORDING COVERAGE INSURED ' INSURER A: Hartford Insurance Companies Keyser Marston Associates, Inc. INSURERS: Republic Indemnity Co. of California 55 Pacific Avenue Mall INSURER C: Philadelphia Indemnity Insurance Company San Francisco, CA 94111 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDD/YY) DATE (MM /DD/YY) GENERAL LIABILITY 5 7UUNUP0340- 11/11/2001 11/11/2002 EACH OCCURRENCE $ 1,000,000 ' X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 300,000 ' CLAIMS MADE ( X I OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ Excluded'" GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP /OP AGG $ 2,000,000 - POLICY PRO- 1 - LOC • AUTOMOBILE LIABILITY 57UUNUP0340 11/11/2001 11/11/2002 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X ' HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) S PROPERTY DAMAGE $ (Per accident) • GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO - OTHER THAN EA ACC $ . AUTO ONLY: AGG $ EXCESS LIABILITY 5 7RHUUN9941 11/11/2001 11/11/2002 EACH OCCURRENCE $ 4,000,000 X I OCCUR CLAIMS MADE AGGREGATE $ 4,000,000 A $ 0 DEDUCTIBLE _ $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND 03954606 11/11/2001 11/11/2002 X TORY LIAM TS I OER EMPLOYERS' LIABILITY "- - E.L. EACH ACCIDENT $ 1,000,000 B E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY'LIMIT_ $ 1,000,000 OTHER HSD018083 11/11/2001 11/11/2002 $1,000,000 Each Wrongful Act C P Liability $1,000,000 Aggregate Limit $25,000 Deductible DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Seal Beach Redevelopment Agency, its officers, officials, employees, agents and volunteers are named as Additional Insureds as respect General Liability per the attached endorsement. CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. III! Seal Beach Redevelopment Agency Agency Executive Di rector 211 Eight Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPA , ITS AGENTS OR REPRESENTATIVES. Sael Beach, CA 90740 AUTHORIZED REPRESENTATIVE . u 'a. 'I ACORD 25 -S (7/97) oA'. •RD CORPORATION 1988 • • Keyser Marston Associates, Inc. Policy Number 57UUNUP0340 ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT The following is added to Commercial General Liability Section I — Who is an Insured: A. Any person or organization with whom you agreed, because of a written contract or agreement or permit to, to provide insurance such as afforded under this policy, but only with respect to: 1. Your operations, 2. "Your work," or 3. Facilities owned or used by you. B. This insurance does not apply unless the contract or agreement has been executed or permit has been issued prior to the "bodily injury" or "property damage ". . C. This insurance does not apply to the rendering of or failure to render any professional services. D. This insurance is primary if required by written contract or agreement or permit. HC 26 00 07 98 Hartford Insurance Companies •