HomeMy WebLinkAboutKIMLEY-HORN AND ASSOCIATES, INC. (7)INSURANCE ON FILE A-2023-089-03
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
C_ AX
CITY CLERK
DATE:
CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
KIMLEY-HORN & ASSOCIATES, INC. FOR ON -CALL LANDSCAPE
0 :p'PWk(2)lAv) ARCHITECTURAL SERVICES
(5Vz v)
THIS AGREEMENT is made and entered into on this 16th day of May, 2023 by and between
Kimley-Horn & Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
o California ("City").
N
all RECITALS
A. On February 22, 2023 the City issued a Request for Proposal No. 22-097 by which it
desired to retain a Consultant having special skill and knowledge in the field of landscape
architectural services on an on -call basis for the City's Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the city.
Consultant represents that it is able and willing to provide such services described in the
scope of work that was included in the RFP No. 22-097.
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 perform the services that were described in the scope of work included in
the RFP No. 22-097, during the term of this Agreement, the tasks and obligations including all
labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in "Scope of Services - Exhibit All, attached hereto
and incorporated by reference, and as further described in Consultant's Proposal, attached hereto
an incorporated herein by this reference as "Consultant's Proposal - Exhibit B".
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Consultant's Fee
Proposal, which is attached hereto and fully incorporated herein by this reference as
"Compensation - Exhibit C". Consultant is one of ten (10) separate consultants
selected to provide services on an on -call basis under RFP 22-097. The total
compensation for services provided by all consultants selected under RFP 22-097 shall
not exceed the shared aggregate amount of $5,000,000.00 during the term of this
Agreement, including any extension periods, as set forth in Section 3, below.
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b. Payment by City shall be made within forty-five (45) 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 standards of performance set forth
in the Recitals which may reasonably be expected by City.
c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal,
Consultant's fees shall not increase by more than 3% annually over the term of this
Agreement, including any extension periods, unless directly affected by Prevailing
Wage laws, if applicable.
3. TERM
This Agreement shall commence on May 16, 2023 and end on May 15, 2026, with the
option for the City to grant up to two (2), one-year extension, exercisable by a writing by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term 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 venture 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
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6. INSURANCE
Consultant shall procure and maintain for the duration of the contract 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 and the results of that work by the Consultant, its agents,
representatives, employees or subcontractors.
a. Consultant shall not commence work for the City until it has provided evidence
satisfactory to the City that it has secured all insurance required under this Section. In
addition, Consultant shall not allow any subconsultant to commence work on any
subcontract until it has secured all insurance required under this Section.
b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office
Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA
0001 covering, Code 1 (any auto), or if Consultant has no owned autos,
Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000
per accident for bodily injury and property damage.
(iii) Workers' Compensation insurance as required by the State of
California, with Statutory Limits, and Employer's Liability Insurance
with limit of no less than $1,000,000 per accident for bodily injury or
disease.
(iv) Professional Liability (Errors and Omissions) Insurance
appropriates to the Consultant's profession, with limit no less than
$2,000,000 per occurrence or claim, $2,000,000 aggregate.
(v) If the Consultant maintains broader coverage and/or higher limits
than the minimums shown above, the City requires and shall be entitled
to the broader coverage and/or the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions:
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(i) Additional Insured Status. The City, its officers, officials, employees,
and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts,
or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an
endorsement to the Consultant's insurance (at least as broad as ISO
Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG
20 38; and CG 20 37 forms if later revisions used).
(ii) Primary Coverage. For any claims related to this contract, the
Consultant's insurance coverage shall be primary insurance primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the City,
its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall
state that coverage shall not be canceled, except with notice to the City.
(iv) Waiver of Subrogation. Consultant hereby grants to City a waiver of
any right to subrogation which any insurer of said Consultant may
acquire against the City by virtue of the payment of any loss under such
insurance. Consultant agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(v) Self -Insured Retentions. Self -insured retentions must be declared to
and approved by the City. The City may require the Consultant to
purchase coverage with a lower retention or provide proof of ability to
pay losses and related investigations, claim administration, and defense
expenses within the retention. The policy language shall provide, or be
endorsed to provide, that the self -insured retention may be satisfied by
either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M. Best's
rating of no less than ANII, unless otherwise acceptable to the City.
(vii) Claims Made Policies. If any of the required policies provide
coverage on a claims -made basis:
• The Retroactive Date must be shown and must be before the date of
the contract or the beginning of contract work.
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• Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract
of work.
• If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a Retroactive Date prior to
the contract effective date, the Consultant must purchase "extended
reporting" coverage for a minimum of five (5) years after
completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with
original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to
City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's
obligation to provide them. The City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
(ix)Subcontractors. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors.
(x) Special Risks or Circumstances. City reserves the right to modify
these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, 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 death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its 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 this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
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reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. 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 reasonable 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
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or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. 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 purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or 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 is not embodied herein.
14. 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 consultant and/or contractors retained by City.
15. 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 Director may require Consultant to
deliver to the City all work product(s) 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.
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b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. 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.
18. 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 governmental 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.
19. 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 fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Jennifer L. Hall
Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
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With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Consultant:
Darren Adrian, PE
Senior Vice President
Kimley-Horn & Associates, Inc.
1100 W. Town & Country Road, Suite 700
Orange, CA 92868
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 fax, 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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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.
[signatures on following page]
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SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND IGMLEY-HORN & ASSOCIATES, INC. FOR ON -CALL
LANDSCAPE ARCHITECTURAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
NATHAN T. MAR INEZ
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NA 31L SABA
Executive Director
Public Works Agency
CITY OF SANTA�
KRISTINE RIDGE
City Manager
CONSULTANT:
[� Digitally signed by
Darren Adrian P.E. (CA
PE No 5303 1)
� Date:2023.05.01
11:45:57-07'00'
DARREN ADRIAN, PE
Senior Vice President
E3
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EXHIBIT A
SCOPE OF SERVICES
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
RFP NO.22-097
INTRODUCTIONBACKGROUND
The City of Santa Ana, Public Works Agency is seeking proposals from qualified firms to provide on -call
landscape architectural services.
The City of Santa Ana is located in central Orange County, flanked roughly by the Santa Ana River to the west,
Santiago Creek to the north, I-55 freeway to the east and South Coast Metro area to the south. The city is
approximately 10 miles east of the Pacific coast and 30 miles south of Los Angeles. Incorporated in 1889 and
designated the county seat, Santa Ana is both the largest city in the county and one of the largest in the state of
California, as Santa Ana's current population is estimated to surpass 334,000. This populace, living within the
city's 27.2 square smiles, translates into approximately t2,000 residents per square mile, making Santa Ana the
densest city in Orange County and second densest in the State.
Since 1947, the parks system was managed by the Parks, Recreation & Community Services Agency.
In March 2022, the entire Park Services Division, which includes ParkPlanning and Park Maintenance,
transitioned to the Public Works Agency.
The City of Santa Ana's Public Works Agency (P WA) is now responsible for the planning, design, development
and maintenance of fifty-four (54) parks, ten (10) recreation/community centers, two (2) senior centers, one (1)
nature center, thirteen (13) miles of Class I recreational trails, 2 lakes, 5 municipal pools, the Santa Ana Zoo
and multiple joint -use sites. The City's mission through our park system is to make lives and communities
better now and in the future by providing access to nature, outdoor space to play and exercise, facilities for self -
directed and organized recreation, positive alternatives for youth, and activities that encourage social
connections, human development, and lifelong learning.
In April 2022, the City updated its General Plan, including the Open Space Element and Bikeways Master Plan.
In May 2022, the Parks, Recreation & Community Services Agency adopted its first Parks Master Plan.
The Park Planning Division seeks the services of a landscape architectural firm(s) to be available on -call, to
augment staff with delivery of projects potentially on all levels, ranging from site specific master planning,
concept planning, feasibility studies, design, contract document development bid advertisement and
construction support.
SCOPE OF WORK
In general, the Consultant shall perform landscape architectural services on an "on -call or as -
needed" basis for various project assigned by the City during the term of the agreement. The
Consultant shall have demonstrated expertise and experience in the areas of parks and recreation
or other municipal projects, in areas that include but are not limited to planning new parks, site
specific master planning of existing parks, sports fields & sports courts renovations, skate parks,
dog parks, splash pads, bike trails, site lighting, water conservation, habitat restoration, urban
forestry, landscape renovations, irrigation renovations, interpretive signage:
• Design Expertise: In addition to having a solid understanding of parks and recreation
projects, Consultant shall have experience and expertise in sustainable environmental
design, low impact development, water wise landscaping and irrigation, current trends,
maintenance needs.
• Site Specific Master Planning & Concept Development: Consultant shall have
ability to participate in site specific master planning exercises and concept
development. Consultant shall prepare and deliver colored renderings, 3-1) modeling
or other visuals as required to communicate the project. Consultant shall provide final
rendered concept plan upon final approval of the layout.
• Community Outreach: If requested, Consultant shall, facilitate community
engagement meetings to collect public input, create community engagement tools.
• Meetings and Presentations: If requested, Consultant shall attend and/or facilitate
meetings with City Staff, Neighborhood Associations, permitting agencies, Boards,
Commissions, and/or City Council as required. Consultant shall prepare presentation
materials for us in these meetings.
• Feasibility Studies: Consultant shall have ability to conduct feasibility studies,
analyses and/or preliminary documents for new renovation or alteration projects, to
help City determine viability..
• Utility Search and Coordination: Consultant access utility companies and city
records and coordinate into design. Consultant shall coordinate with said agencies
throughout the design process.
• Site Surveying: Consultant shall provide all field survey and topographic work
necessary to complete the design effort.
• Maps and Mapping Services: Consultant shall ability to provide, if requested.
• Contract Documents: Consultant shall have ability to prepare complete plans and
specifications for project bid advertisement. City will provide electronic title block files
and boiler plate specifications; consultant shall adapt and develop document to include
City of Santa Ana RFP 22-097
Page Al-1
bid items and definitions, include modifications to General and Special Provisions, and
incorporate technical architectural specifications. Plans shall incorporate design criteria
and requirements conforming to the City of Santa Ana (CSA) and other governmental
agencies including, but not limited to the California Building Code, ADA, CSA
Standard Plans. All plans, the title sheet of the specifications, calculations and reports
must be signed and stamped by the consultant's licensed professional landscape
architect, architect or engineer.
• CostEstimating: consultant shall provide cost estimating services to provide "Opinion
of Probable Cost". Consultant shall contact contractors, manufacturers, or draw info
from recently bid projects when preparing their estimates.
• Permits: Consultant shall assist City in obtaining approvals and/or permits from
applicable agencies as needed, including project submittal, responding to plan check
comments, and meeting with Building Officials ifrequired.
• Environmental: If requested, Consultant shall provide environmental review for
projects, State CEQA and/or Federal NEPA, as required.
• Storm Water Best Management Practices: have knowledge and incorporate into
design practice principles of storm water best management practices (BNT).
• WQMP: Consultant shall be able to determine when WQMP is required for a project,
have ability to prepare the document, and incorporate the findings in the overall design.
• Quality Control: Consultant shall tightly control the quality of the work perform by
in-house staff and/or sub-consukants. Incomplete or poor quality work will not be
accepted. No additional compensation will be approved for changes required to deliver
a tightly coordinated set of contract documents.
• Bid Advertisement Support: Consultant shall assist during the bid advertisement
period by responding to bidder questions, attending pre -bid job walks, assisting with
addenda preparation, attending pre -construction meeting.
• Construction Support: Consultant shall assist during construction period by attending
pre -construction meeting, responding to Requests for Information (RFIs), attending
regular site meetings as requested and final inspections, submittal review, change order
review, troubleshooting and finding solutions to unforeseen site conditions.
• As Built Plans: Upon completion of project, as -built plans may be submitted to the
consultant to incorporate all changes made during the construction period.
TASK ORDER PROCESS:
City of Santa Ana RFP 22-097
Page Al-2
The intent of this RFP is to have several consultants under contract to be available to
provide services, on -call, if the City shall need them. In executing a Professional Services
Agreement with the selected firm(s), the City does not guarantee any Task Orders will be
initiated during the life of the contract.
All work performed under this contract will require a Request to Release Notice to Proceed
(RRNTP) by the City. On a project -by -project basis, a proposal will be requested from all On -
Call Consultants by the City's Project Manager or Contractor Administrator. Proposals shall
define the scope of services, include a work plan, schedule, and proposed fee, which shall be
based on the specified rates of compensation in the contract. The Project Manager/Contract
Administration will review all proposals and select one firm for the work based on fee,
availability, area of experience, and fair distribution of assigned work to all Consultants.
City of Santa Ana RFP 22-097
Page Al-3
EXHIBIT B
CONSULTANT'S PROPOSAL
s
.01
A
Table of Contents
1. Statement of Qualifications...............................................................1
a. Cover Letter.................................................................................1
b. Contract Agreement Statement ................................................... 2
c. Firm and Team Experience..........................................................2
d. Understanding of Need................................................................5
e. Relevant Project Experience..................................................... 11
f. References................................................................................15
2. Fee Proposal...................................................................................16
3. Certifications....................................................................................17
Appendix—Resumes........................................................................... 24
s � !
City of Santa Ana • LPOC77002.2023
Kimley>»Horn
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City of Santa Ana - LPOC770022023
Kimley »Horn ii
1. STATEMENT OF QUALIFICATIONS
a. Cover Letter
March 15, 2023 1100 W Town & Country Road
700
City of Santa Ana Public Works Agency Suite e,
92868
20 Civic Center Plaza, M-22, Santa Ana, CA 92701 Orange, 93 .1030
TEL 714.939.1030
ATTN: Ms. Suzi Furjanic, Project Manager
Re: Proposal for On -Call Landscape Architectural Services Services (RFP No. 22-097)
Dear Ms. Furjanic and Members of the Selection Committee:
The Kimley-Horn team has the experience and passion to provide outstanding on -call landscape
architecture services to the City of Santa Ana (City) related to parks and recreation facilities as well
as other municipal projects. Our long history working with the City on numerous successful projects
has proven that you can expect unmatched technical expertise in the service areas requested,
responsiveness, valuable local knowledge, and the following benefits:
Excellent Local Experience and Knowledge. In addition to our team's extensive parks and recreation
experience, we also offer significant civil engineering and landscape architecture experience on projects
for the City. We have the knowledge and familiarity of the City's standards, processes, and procedures
combined with excellent working relationships to make your on -call projects successful. The City can
take comfort in knowing your projects will be under the management and quality control of a firm with
national resources and local roots in municipal services. I will serve as project manager and your main
point of contact. I'm a 20-year parks and recreation design specialist, and I understand the needs of the
community and have a personal investment in this project.
Expertise in Parks and Master Planning. Kimley-Horn has completed over 350 parks projects over the
last seven years across the country. We are highly experienced at master planning, consensus building,
placemaking, and designing parks that have been successfully implemented for communities to enjoy.
Our team brings the highest caliber of relevant experience —providing creative and realistic ideas that are
grounded in sustainability, constructability, maintainability, and safety.
Multidisciplinary Resources. Our local landscape architects are backed by the resources and support of
a full -service consulting firm with all major disciplines under one roof. We have the flexibility to deliver most
any project that could arise from this on -call contract. With each project, we emphasize the development of
a pleasing visual environment, meaningful theme, distinctive image, and strong sense of place.
Availability, Responsiveness, and Commitment to Serve You. Our local office in Orange is less than
three miles from City Hall. Such proximity and depth will help our team deliver your projects expeditiously.
Our team is ready and available to devote our production efforts to help make sure that, like our previous
work for the City, every project stemming from this contract is successful. Should you have any questions
about our proposal or require any additional information, please contact me, Michael Ledbetter, PLA,
ASLA, at 657.214.0538 or michael.ledbetter@kimley-horn.com.
Sincerely,
KIMLEY- ORN AND ASSOCIATES, INC.
M' ael A. Ledbetter, PLA, ASLA Darren Adrian, P.E.
Project Manager/Principal Agent Senior Vice President
`Darren Adrian has the authority to bind Kimley--Horn and legally execute agreements and amendments
on behalf of the firm.
City of Santa Ana • LPOC77002.2023
KimleyoHorn • 1
b. Contract Agreement Statement
Kimley-Horn takes no exceptions to the Professional Services Agreement included in the City's RFP.
c. Firm and Team Experience
Kimley-Horn is a full -service engineering, planning, and consulting corporation providing services to both
public and private sector clients nationwide. Founded in 1967, Kimley-Horn has grown from a small group
of traffic engineers and transportation planners to a firm of more than 6,800 employees with 114 offices
nationwide, including 12 in California. Our team, including project manager Michael Ledbetter, is based
out of our local office in Orange with support from our offices in Los Angeles, San Diego, and Riverside.
Kimley-Horn's growth over the last 56 years is the result of our commitment to integrity and our dedication
to providing quality services. We offer clients the local knowledge and responsiveness of a small
organization, backed by the depth of resources only a national firm can offer.
Kimley-Horn's team specializes in:
• Park, Trail, and Greenway Planning and Design
• Athletic Fields and Pool Design
• Urban Planning and Design
• Land Use and Master Planning
• Community Centers and Public Libraries
• Streetscape Planning and Design
• Signage and Wayfinding Planning and Design
• Water Harvesting and Conservation Solutions
• Landscape and Irrigation Design
• Development Design Guidelines and Standards
• Site Feasibility Studies, Inventory, and Analysis
• 3D Modeling and Visualizations
• Visual Analysis and Impact Assessment
• Site Programming
• Public Outreach and Community Engagement
On -Call Engineering Services Experience
We understand what it means to be on -call for a local city. Our on -call clients are a top priority, and
our approach is to be an extension of City staff. Kimley-Horn has the available resources to provide
the City with the quality and dependable level of service required for this contract. The proposed team
members are committed to assisting the City and have the flexibility to adjust their other commitments
to accommodate these efforts. We have successfully provided on -call services to a number of Southern
California municipalities, some of which are highlighted in the map below.
Southern California On -Call Contracts
Caltrans (includes District 6 • District 7 -
• District 8 • District 11 • District 12) • City of e '\
Agoura Hills • City of Anaheim• City of Artesia XEga \
• City of Burbank • City of Calexico • City of - SM aERNNlaatd
Carlsbad • City of Chino • City of Chino Hills \
• City of Chula Vista • City of Gotten • City of --- �
Compton • City of Culver City • City of Diamond e
Bar • City of Downey • City of El Centro • City of VENMM • Les ANGELES
Fontana • City of Fullerton • City of Glendale • • e ----
City of Huntington Beach • City of Imperial Beach • J g
• City of Indian Wells • City of Industry • City e • RIVERSWE
of Irvine • City of La Mesa • City of Lancaster ; •'.,
• City of Los Angeles • City of Malibu • City of 0 City On -Call —
Mentee • City of Moreno Valley • City of National ORANGE ° -
City • City of Newport Beach • City of Palmdale * Agency On -Call �'. •. SAN DIEGO NPEMAL
• City of Palm Springs • City of Pasadena • 0 Caltrans District On -Call e • ®- -- - _ `
City of Pico Rivera • City of Pomona • City of -
Poway • City of Rancho Cucamonga • City of °#s_------ -
Riverside • City of San Clemente • City of San
Marcos • City of Santa Ana • City of Santa Giulia • City of Santa Monica • City of Simi Valley • City of Thousand Oaks • City of Vista • City of West Hollywood
• County of Imperial • County of Kern • County of Los Angeles • 04 of Orange • County of Riverside • County of San Diego • County of Ventura • Los Angeles
County Metropolitan Transportation Authority • Metropolitan Transportation System (MTS) • North County Transit District (NCTD) • Orange County Transportation
Authority (OCTA) • San Diego Association of Governments (SANDAG) • San Diego Unified Port District • Western Riverside Council of Governments (WRCOG)
city of Santa Ana . LPOC77002.2023
Kimley)»Horn . 2
On -Call Landscape Architectural Services I RFP No. zz-oq7
- ii
4
a
9
A Gary Lai, PLA, ASLA, Matt Durham, PLA, ASLA M'rFanl MadseM t'LA, CLIA,ASLA
LEED AP BD+C
Senior Advisor / CC/QA Principal -In -Charge Senior Advisor / DC/OA
At 4*110
N ........................ ............. .....
L
O
C
y Randall Kopff, PLA, CLARH Michael lsabetter, PLA,ASLA Corey Cameron, PLA Ryan Yao
Task Manager Project Manager / Principal Agent : Task Manager Task Manager
O - �
Ebony Westfield Jacob Ovadia Sarah Cho Eden Bouchard
Landscape Designer Landscape Designer rT n Landscape Designer Landscape Designer
A_ .........................
A
rL
Joe Cogswen, PLA, ASLA Dana Privitt, AICP Joe Nunneley, P.E., S.E.
Ai norist Environmental / CEOA Structural Engineer
Subconsultants: On -Point, PBS Engineers, Utii-Locate, Salem Engineering Group, and HL Construction Management
Subconsultants
On Point Land Surveying
POINT On Point Land Surveying offers clients highly experienced staff that can manage
any level of project. They handle projects from small residential lots to multi-
million -dollar construction projects. They strive to consistently exceed client's
expectations by offering the highest degree of coordination, communication, and
client contact while maintaining very competitive pricing.
® P B S PBS Engineers
° PBS Engineers, Inc. (PBS) is a full -service mechanical, electrical and plumbing
(MEP) consulting firm with staff committed to providing innovative solutions and
personalized engineering services. PBS offers a wide range of engineering
services that includes the design of mechanical, electrical, plumbing, fire
protection and technology integration. The PBS Team brings a unique level of
experience to every project with its industry ranging portfolio of work. PBS has
proven to be a leader in the engineering field and is recognized as a Top
Engineering Firm by ENR California, Consulting Specifying Engineer, and
Building Design and Construction.
nr4o�s LOCATE Util-Locate
Util-Locate Inc. is a utility subsurface investigating company that has been in
business since 2013. They specialize in Underground Utility Locating, Ground
Penetrating Radar (GPR), Concrete & Structure Scanning CCTV (Crawler Cam),
and Utility Potholing and documentation. They provide Civil 3D subsurface utility
mapping and CAD.
61 SALEM SALEM Engineering Group
" SALEM provides geotechnical and environmental engineering; construction
inspections and materials testing; civil, geology and forensic engineering; and
stand-alone laboratory testing services. SALEM is comprised of over 78 full-time
professional engineers, geologists, hydrogeologists, environmental professionals,
certified technical staff, and qualified support staff.
HL Construction Management
VL(M__A)�NN15AT&CMT
ION HL Construction Management (HLCM) is an industry leader in Southern
ENT California, providing preconstruction cost estimating consultancy services
for public sector clients. HLCM has a rich portfolio of neighborhood park and
recreation centers, urban design projects, and community facilities. Their team
of professional estimators provide cost estimates for planning and development
of city facilities, infrastructure and sustainability on new construction and
renovation. HLCM provides cost estimating of program needs, scope and budget
development, feasibility studies, and milestone estimating.
City of Santa Ana • LPOC77002.2023
KWey,))Horn 4
d. Understanding of Need
We are committed to bringing the City innovative solutions that meet your deadlines and stay within your
budgets. We are experienced in producing quality projects that exceed the City's expectations. Our staff
resources and current projected workload assist in meeting your schedule and commitments. We have
developed an approach to respond to any tasks that may result from this on -call contract, which include:
• Site Analysis of proposed and existing landscape and irrigation improvements
• Opportunities and Constraints evaluation, mapping and presentation of findings
• Development and Presentation of design theming, identity, and branding
• Production of boards and other graphics illustrating design concepts
• Coordination Meetings with City staff and other project stakeholders
• Presentations and Related Graphic Materials for City Council, HOAs, and other project stakeholders
• City Code Compliance and Review
• Hardscape, Irrigation, and Planting PS&E for design of new and renovation projects
• Bidding Support Services, including bid document preparation, plan addenda, and review/response
to contractor questions and clarifications
• Construction Support, including meetings, punch walks and review/response of submittals and RFIs
Our approach to managing and delivering projects consists of the following:
DESIGN PHASE. Kimley-Horn's approach to each task order will focus on providing the City with the
services it needs to meet those specific objectives. In general, during the initial design phase Kimley-
Horn provides alternatives/options with recommendations for the City to evaluate, confirm, and make
the necessary decisions to move the project forward. By providing regular communications to City staff
that include exhibits, costs, schedule impacts, and recommendations, we are able to support the City by
addressing technical, safety, or even political issues.
SCHEDULE. Kimley-Horn understands the importance of the City's schedule and is dedicated to meeting
your needs and expectations. A major factor in successful projects is adhering to established deadlines so
that projects stay on track in the review cycle, minimize delays, and that project funding is used prudently
and efficiently. Kimley-Horn will utilize Microsoft Project to develop and track schedules for each task, big
or small. We have a proven record of performing on time and within budget. The key to our success is
managing and monitoring the task and assigning resources to deliver when expected.
COST. Kimley-Horn understands the tremendous pressure for agencies to meet project budgets. Our
standard practice is to continuously identify and analyze ways to minimize both design and construction
costs to stay within an overall project budget. We routinely work with municipal clients and understand
the importance of meeting budgets. We do this by monitoring and controlling design budgets, developing
accurate cost estimates early at each stage, and defining alternatives to construction costs.
PROBLEM RESOLUTION. Conflicting opinions, comments, or requests for new project requirements
happen from time to time. Our approach to resolving problems includes the following:
• Listen carefully to understand the problem, comment, or project requirement
• Ask questions and get clarification for complete understanding
• Maintain project objective and an unbiased perspective
• Provide alternatives, including the pros and cons for each option
• Work collaboratively to reach consensus on the best option for resolving the problem, comment, or to
address the project requirements
• If we are unable to reach a satisfactory resolution at the project level, we will provide the City with
support and guidance from our project principals and senior staff
City of Santa Ana • LPOC77002.2023
Kimley>»Horn 5
MEETING EXPEDITED DEADLINES. We understand that on -call tasks are often driven by unanticipated
challenges that require expedited solutions —and time and time again, we have provided value in such
cases. Our clients' satisfaction is best demonstrated through our high rate of repeat clients and renewed
contracts. Our experienced professionals look forward to the continued opportunity to assist the City
with their project needs. Our proactive approach to identifying and understanding major project issues,
developing solutions, and finding cost -saving opportunities will improve quality and streamline budgets.
MANAGING RESOURCES. Kimley-Horn utilizes thorough planning, coordination, and supervision of our
key technical subconsultants by assigning a quality control manager to evaluate workflow, procedures,
and technical direction. Our staff carefully review the work activities performed by our project partners.
Overview of Relevant Service Areas
Our team is experienced with each of the service areas requested in the City's scope of work. Below, we
have included a brief description of our capabilities to provide those services.
Landscape Architecture
From the revitalization of community parks to the design
and implementation of downtown streetscapes, we
have successfully planned and implemented scores of
landscape architecture projects. Kimley-Horn has a well-
earned reputation for combining creative ideas, technical
excellence, and client collaboration, resulting in dynamic
projects that blend into their environments and become
a part of the area they inhabit. Our landscape architects
have a diverse range of experience from corridor
plans and downtown streetscape programs to parks
and recreation planning. As metropolitan urban areas
continue to grow, urban design, streetscape design, and landscape architecture have become integral
components of roadway and transportation system designs and infrastructure improvements in general.
Revitalizing commercial districts, controlling traffic flows, and providing recreational areas and pedestrian
and bicycle facilities in increasingly congested areas are some of the solutions designed by our landscape
architects and planners. Our full -service consulting includes feasibility studies, master planning, design,
permitting, public participation and consensus building, and construction administration.
Urban Forestry
Most development projects are impacted by trees.
Both existing and proposed trees are often mandated
by codes, ordinances, or the motivation of the client to
preserve trees. At Kimley-Horn, our consulting arborists
specialize in providing detailed design, specifications,
and observation reports regarding trees as they relate to
development. Our understanding of trees, construction,
and the development process, along with our knowledge
of codes and ordinances, results in permitted projects that
best represent the intent of our clients. Services include
canopy coverage analysis, protected grand/heritage/
champion tree observations, tree condition evaluations,
tree preservation/protection compliance, tree removal/ permitting assistance, and tree hazard evaluations.
Understanding the needs of trees as they relate to soil biology and volume allows us to create site -specific
planting details and specifications for your project. This can reduce infrastructure damage and ongoing
maintenance costs. Our arborists work closely with our landscape architects to provide planting details,
City of Santa Ana • LPOC77002.2023
Kimley>»Horn 6
general notes, and specifications regarding such things as clearing, fertilization, insecticides, irrigation,
root pruning/barriers, tree canopy pruning, tree protection fencing, and tree removal.
Parks & Recreation Projects
We have experience with many parks, greenways,
shared -use trails, and irrigation projects involving
planning; design; and final plans, specifications, and
estimates. Kimley-Horn has designed both passive parks
and recreational parks, ranging in size from a 20,000+
acre park master plan to neighborhood amenity pocket
parks. Our landscape architecture team offers expertise
in open space design, recreational planning and design,
feasibility studies, master planning, streetscape design,
multi- and shared -use paths, hardscape design, and site
planning. Kimley-Horn's landscape architects emphasize
the development of a functional, pleasing visual
environment, meaningful themes, and strong connection
to environment while being sensitive to budget and long-term maintenance.
Design Expertise
Today's landscape designs must solve a host of complex Low Impact Design (LID) issues including water
conservation and stormwater capture, heat island effect mitigation, and ecosystem services while still
creating places for residents and visitors to exercise, play, and picnic. Kimley-Horn has an integrated
team of professionals that cover a vast array of disciplines necessary to create a successful modern open
space design. Each of our team members work together to support the City's vision and multi -faceted
goals for open space. Kimley-Horn brings the necessary resources for the City to design and build
healthy, sustainable, and fun open spaces that are also historically and contextually appropriate.
Master Planning and Concept Development
We understand that master planning/concept
development is a comprehensive process that
examines the needs and growth of a community or
organization driven by development programs, user and/
or patron lifestyles, comprehensive mobility solutions,
sustainability, energy efficiency, recreation, open
space, human wellness, operations, maintenance, and
financial sustainability. Kimley-Horn has experience
in creating master plans that identify short- and long-
term strategies that establish a vision for the future of
development grounded in realistic goals. In addition, our
urban design professionals have extensive experience in downtown redevelopment and streetscaping
projects involving detailed work in lighting systems, banners, special paving, landscaping, integration of
vehicular and pedestrian traffic, and site amenities such as street furniture, recreation facilities, fountains,
and site graphics. Kimley-Horn's urban design team understands that an important aspect of competent
streetscape design is meeting the requirements of the Americans with Disabilities Act (ADA) and Crime
Prevention Through Environmental Design (CPTED). We are on the forefront of finding creative design
solutions to regulatory restrictions. We strive to provide a safe and accessible streetscape that provides
a pleasant experience for all individuals. In addition, we support the active participation of client staff,
special interest groups, and the general public in finding an optimum design solution. Kimley-Horn
recognizes the importance of a comprehensive public involvement program. It serves to heighten local
awareness and success of each project by accurately defining the needs of each user group.
City of Santa Ana - LPOC77002.2023 Kimley>»Horn 7
Community Outreach
We are sensitive to the pivotal role of meaningful
public involvement programs that enable area
residents to establish their priorities. Community
involvement determines the overall design program,
funding strategies, and implementation priorities. Our
expertise in providing a broad range of services helps
with the successful implementation of your goals
while addressing the specific challenges that each
project entails.
Kimley-Horn is known for developing innovative
approaches to projects that involve neighborhood
participation. We understand that some projects require
community involvement and acceptance, and we have
developed effective methods of bringing the community into the process. We are strongly committed to
conducting public participation programs that educate, inform, and build consensus for a particular solution.
Some of our public involvement services include interactive websites, newsletters, town hall meetings,
stakeholder meetings, press releases, brochures, educational seminars, and PowerPoint presentations.
Utility Search and Coordination
Our knowledge of utility design also extends to open trench design, trenchless technologies Qack-and-
bore, microtunneling, and horizontal directional drills), and utility structures (lift stations, pump stations,
etc.). Additionally, we know how critical it is to propose improvements that avoid existing utilities. Should
conflicts arise, we have the in-house team that can not only coordinate with utility owners but can also
complete the design of these facilities. Kimley-Horn will utilize subconsultant UTIL-LOCATE, when
appropriate, to perform underground utility surveys of subject project areas.
Surveying and Mapping Services
Kimley-Horn will utilize long-time partner On -Point
Surveying to perform topographic foot surveys, ALTAs,
and other mapping services when dictated by each task
order. On -Point is currently serving the City through
Kimley-Horn's current roadway on -call contract, and they
are familiar with the City and its processes.
Contract Documents and Permits
Kimley-Horn will work with the City's Project Team to
bring each project to completion. Depending on the size
and schedule, we will work with the City to determine the V�„ 3 1 p
appropriate milestone submittals for each task order —
this will most typically include 30%, 60%, 90%, and
100% Final Documents ready for permitting. Kimley-Horn and our consultant team are fully capable of
assembling a full set of construction documents including specifications and construction cost estimates
such that the City can issue the package out for public bidding.
Cost Estimating
At each step of this project, we will update the opinion of probable construction cost to gauge where we
are in relation to the project budget. With today's rapidly escalating construction costs, it will be important
to update the estimate throughout the design phase. Kimley-Horn uses readily available construction cost
guides such for recent bids as well as bids for private sector projects of similar magnitude.
City of Santa Ana • LPOC77002.2023
KimleyoHorn 8
We also regularly confer with site work contractors to obtain cost input on unique items or phased
construction issues. In addition, because you can never have too many checks and balances of
construction cost, we would recommend that the City perform an independent estimate.
Quality Control/Quality Assurance (QC/QA)
The QC/QA plan that Kimley-Horn and its team
members will follow in the execution of services
is used firmwide to maintain consistency with our
clients. It includes the following six key elements:
Structure: Each QC/QA plan includes a
project manager responsible for contract
delivery, technical managers responsible
for discipline design development, and a
QC/QA manager responsible for verifying
implementation of QC/QA plan.
Procedures: Intradisciplinary checking of
documents will be performed by a competent
individual within each discipline other than the
designer. We have established a color -coded
comment process that involves the following
steps: an initial check (performed by the checker);
a review of comments to verify their adequate
consideration and documented resolution
(performed by the designer); a review of the
completed changes in the original documents
(performed by the designer); and a review that
confirms accurate completion of changes to the
documents (performed by the checker).
• Interdisciplinary Reviews: Interdisciplinary reviews are performed throughout the project and prior to
key submittals when senior staff from the discipline groups meet to discuss overall project elements.
• Quality Assurance Audit: The QC/QA manager will be responsible for conducting a QC audit
after completion of the checking and review process and prior to the submittal of any document
or deliverable.
KIMLEY-HORN
QUALITY CONTROL IS
• Deliverables and Document Control: The project manager will manage the submission of design
documents after the QC/QA audit is complete and at milestone completion dates.
• Corrective Action Measures: Corrective action measures will be taken if incorrect or nonconforming
work is discovered in deliverable items that have already completed the QC/QA process.
Environmental Review
Our environmental staff can assist the City with project(s) that require review per the California
Environmental Quality Act (CEQA) to identify and evaluate potential environmental effects associated
with adoption and implementation. We are also adept at guiding clients through review under the National
Environmental Policy Act (NEPA) for projects that involve federal funding, permits, or approvals. Based
on the scope of the project(s), environmental review could require preparation of an Environmental
Impact Report (EIR) or Initial Study (IS) and related technical studies to meet CEQA compliance. If NEPA
review were necessary, preparation of a combined EIR/Environmental Impact Statement (EIS) or IS/
Environmental Assessment (EA) would be appropriate. The project would be subject to all noticing and
circulation requirements associated with CEQA and NEPA.
City of Santa Ana • LP0077002.2023
Kimley>»Horn 9
Storm Water Best Management Practices
Kimley-Horn understands the variety and complexity of stormwater management. Our experience
encompasses everything from traditional hydrologic and hydraulic analysis and design of storm drainage
systems, culverts, and bridges to holistic urban watershed -based solutions (including multiple BMPs,
stream restoration, culvert improvements, public involvementleducation, permitting, and mitigation
banking) that address flood control, water quality, aesthetics, and mitigation needs. Our staff has the
expertise to conduct the necessary studies to prepare master drainage reports and to complete drainage
plans based on these or previously prepared studies. We are well -versed in stormwater regulations
throughout the state of California to help clients understand the permitting process and guide them
through difficult development decisions.
Water Quality Management Plan (WQMP)
Kimley-Horn's specialists can help you overcome water quality management issues through resource -
focused solutions that add value to sites while meeting federal, state, and/or local requirements.
These solutions include green infrastructure design, watershed or nutrient management plans, stream
restoration, regulatory permitting, program developments, asset management, and retrofitting of non-
compliant stormwater control facilities. We understand stormwater management solutions should do
more than address regulatory requirements —they should provide value to the site and community
by incorporating solutions to flooding, providing open spaces and parks, protecting our natural water
resources, and considering aesthetics.
Bid Advertisement Support
Kimley-Horn excels at making our clients successful, from project beginning to end, including bid support
services. We can prepare and distribute bid documents on behalf of the City, review contractor bids,
prepare bid tabulation, and prepare a contractor recommendation. Although our aim is to prepare a plan
set that can stand by itself, we will respond to contractor requests for information and clarification in
a timely manner.
Construction Support
Kimley-Horn's full -service consulting includes comprehensive construction administration services with
experienced inspection staff in all types of construction. Our construction phase personnel can prepare
bid documents and contractor notification, attend pre -construction conferences and regular project
meetings, and provide review and approval of pay estimates. In addition, our construction phase services
include site visits and observation of construction, preparing change orders and recommendations,
shop drawings and samples review, inspections and tests of non-standard site -related work, substantial
completion determination, site punch list generation, and final notice of acceptability of work. As project
requirements demand, Kimley-Horn can provide the City copies of as -built plans based on contractor's
redlines incorporating all changes made during the construction period.
City of Santa Ana - LPOC77002.2023
Kimley,»Horn ,o
e. Relevant Project Experience
Our recent experience with similar projects within the last five years is outlined below and demonstrates
our team's capabilities and familiarity with the project area.
City of National City, On -Call for Capital Improvement Program,
National City, CA
Kimley-Horn was selected by the City of National City to provide on -call planning and design services.
Select projects are listed below:
Paradise Creek Educational Park
Kimley-Horn assisted the City of
National City in transforming the
Paradise Creek Educational Park
by restoring the natural creek
habitat adjacent to Paradise Creek
while also providing a gathering
space, recreational and educational
opportunities, and connectivity
within the most severely
disadvantaged community in
National City. Kimley-Horn helped
the City apply for and secure a
Proposition 84 Urban Greening
Grant, as well as prepared
construction PS&E for the project. PayV-446 Gyk o„Qt, PAHL ism
The project involved removing a
large portion of impervious pavement; establishing a native garden, plant walk, decomposed granite
nature trail along the creek, and a community garden; and constructing water quality bioswales and a rain
garden. This project was awarded a Healthy Community Award by SD Circulate in 2016 and Project of the
Year by APWA in 2018.
Kimball Park
Kimley-Horn provided master planning
and design of improvements for the
renovation of Kimball Park in National
City. The proposed upgrades included
removal of an existing temporary skate
park and design of a new permanent
skate park, two basketball courts, a
reflection garden, a native plant walk,
a performance stage, a new stadium
shade structure, and a new playground.
The project also included design of a
large public art wall and improvements
to the City Arts Center. Kimley-
Horn's responsibilities included landscape architecture, civil engineering for grading, erosion control
plans, hydrology/hydraulics report, water quality technical report, utility coordination, and construction
administration. Kimley-Horn also led the effort to prepare a California Proposition 84 grant application for
the proposed improvements.
City of Santa Ana • LPOC77002.2023
Kimley»>Horn • 11
Signage and Wayfinding Plan
Utilizing grant funding from the Port of San Diego and
SANDAG, the City of National City selected Kimley-
Horn to design a plan to improve the vehicular and
pedestrian navigation of the City's roadways with a
focus on the spirit and the vitality of the community.
The implemented signage and wayfinding elements
inform the public about places of interest including
recreational areas, transit stations, facilities, and
neighborhoods to provide a sense of place to
residents and visitors alike.
The scope of the project included the planning,
design, construction administration, and
implementation of arrival, gateway, directional, and
interpretive signage, as well as decorative banners throughout the City's Historic Downtown, Old Town,
and Marina Neighborhoods. The project also improves pedestrian, bicycle, and transit connectivity
throughout the Historic Downtown, Old Town, and Marina neighborhoods by clearly designating paths of
travel for pedestrians. Clear, safe, and direct paths of travel were identified to the City's numerous points
of interest from city entry points and transit stations. Additionally, the project has facilitated access by
walking, bicycling, and transit for persons of all ages, income, and ability.
El Toyon Park
El Toyon Park is a heavily used 25-acre
community park in the City of National
City, California. The park includes the
El Toyon Recreation Center, basketball
courts, tennis courts, baseball
and football fields, picnic areas, a
playground, a horseshoe pit, a dog
park and an artificial turf soccer field.
Kimley-Horn was selected by the City
of National City to assess and update
the park's aging landscape irrigation
infrastructure.
By utilizing extensive on -site
investigation, Kimley-Horn was
able to recommend both cost and
maintenance related design efficiencies
while maintaining the specifications set forth in the State of California's water efficiency ordinance.
Services provided included Construction Documents, Specifications, Estimate, Bidding Support and
Construction Administration.
Client Contact Information
Roberto Yano, Director of Public Works
1243 National City Boulevard,
National City, CA 91950
619.336.4383
ryano@nationalcityca.gov
Consultant Project Manager
Randall Kopff, PLA, CLARB
Year Completed
2018 (Paradise Creek), 2016 (Kimball), Ongoing
(Signage, El Toyon)
City of Santa Ma • LPOC770022023
Kimley)))Horn • 12
City of Moreno Valley, Landscape Architecture On -Call, Moreno Valley, CA
Kimley-Horn was selected by the City of Moreno Valley to provide on -call planning and design services.
Select projects are listed below:
Bark Park
The City of Moreno
Valley Parks and
Community Services
Department selected
Kimley-Horn to support
its pursuit of Statewide
Park Development and
Community Revitalization
Program grant funds to
develop a new dog park.
The location and popularity
of the existing Hound
Town Dog Park on the
City's north side drove the
need for another dog park
on the opposite side of
Moreno Valley.
Kimley-Horn assisted in developing a design that would alleviate overuse and augment the amenities
offered at Hound Town. The resulting Bark Park Master Plan created a vision for the space that has the
opportunity to become a special oasis that will capture and celebrate the unique bond between dogs
and humans, serving multiple community needs. Kimley-Horn provided Landscape Architecture, Civil
Engineering, Cost Estimation, and Grant Assistance Services.
Client Contact Information Consultant Project Manager
Lee Withers, Senior Management Analyst Randall Kopff, PLA, CLARB
14075 Frederick St., Moreno Valley, CA 92553 year Completed
951.413.3726 2021
leew@moval.org
City of El Centro, On -Call for Engineering (and Other) Services, El Centro, CA
Kimley-Horn was selected by the City of El Centro to provide on -call planning and design services. Select
projects are listed below:
Plank Park
Kimley-Horn developed a time and budget -sensitive
approach to generate permit -ready construction
documents for this 3.6-acre park utilizing several
of the design objectives outlined in the City's Parks
and Recreation Facilities Master Plan. The project
was designed in two phases and included the
installation of a playground, turf areas, drought
tolerant trees, shrubs, bioswales, and over 3,500
feet of multipurpose pathways which were designed
specifically for the sensitive desert environment.
Other low -impact development techniques were used to collect runoff from nearby abutting roads and
improvement of the quality of water. Services provided included project management, civil engineering,
landscape architecture, and construction support.
City of Santa Ana • LPOC77002.2023
KimleyoHorn. 13
Aquatic Center
Kimley-Horn's design of this aquatic center
incorporates creative features that balance
competitive and recreational water and relate to
the architectural and cultural context and character
of El Centro. The aquatic center includes a new
competition pool, a warm-up pool, and multi -use
recreational pools. Other improvements located in
the park are landscape and irrigation improvements,
decorative hardscape, a 5,000 SF aquatic center
building, concession stands, shade structures, water
and sewer services, storm drain improvements,
sports and pedestrian lighting, and audio and
electrical components. Additionally, the Kimley-
Horn team prepared multiple concept drawings and
facilitated two public workshops and a City staff
design charrette.
Client Contact Information
Adriana C. Nava, AICP, Community
Services Director
1275 Main Street, El Centro, CA, 92243
760.337.4555
anava@cityofelcentro.org
Consultant Project Manager
Randall Kopff, PLA, CLARB
Year Completed
2017 (Plank Park), 2021 (Aquatics Center)
City of Santa Ana, 17th Street Triangle Park, Santa Ana, CA
The 17th Street Triangle Park Renovation project is centered around the reconstruction of an overlook
deck that was originally built back in 2012 but then suffered from vandalism and fire and had to be
torn down for public safety reasons. Kimley-Horn is currently serving as Landscape Architect and
Civil Engineer and the scope includes the re -design of the overlook deck utilizing structural steel, new
planting and irrigation throughout the park area, establishing power and new night lighting, and some
interpretive signage.
Client Contact Information Consultant Project Manager
Mindy Ly, Civil Engineer Randall Kopff, PLA, CLARB
14075 Frederick St., Moreno Valley, CA 92553 Year Completed
714.647.5665
mly@santa-ana.org Ongoing
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City of Santa Ana • LPOC77002.2023
KimleyoHorn 14
f. References
City of Santa Ana, 17th Street Triangle Park, Santa Ana, CA
Mindy Ly, Civil Engineer
14075 Frederick St., Moreno Valley, CA 92553
714.647.5665
mly@santa-ana.org
City of Moreno Valley Parks and Community Services, Bark Park,
Moreno Valley, CA
Lee Withers, Senior Management Analyst
14075 Frederick St., Moreno Valley, CA 92553
951.413.3726
leew@moval.org
City of National City, On -Call for Capital Improvement Program,
National City, CA
Roberto Yano, Director of Public Works
1243 National City Boulevard, National City, CA 91950
619.336.4383
ryano@nationalcityca.gov
City of Chula Vista Development Services Department, Millenia Park,
Chula Vista, CA
Mary Radley
Landscape Architect # 4372
276 Fourth Avenue, Chula Vista, CA 91910
619.407.3542
mradley@cj.chula-vista.ca.us
City of Lancaster Avenue J/SR 14 (SR 138) Interchange PSR-PDS, PA&ED
and PS&E, Lancaster, CA
Michael Livingston, Capital Manager —Construction
44933 N Fern Avenue, Lancaster, CA 93534
661.723.6227
vmlivingston@cityoflancasterca.org
City of El Centro, On -Call for Engineering (and Other) Services, El Centro, CA
Adriana C. Nava, AICP, Community Services Director
1275 Main Street, El Centro, CA, 92243
760.337.4555
anava@cityofelcentro.org
City of Santa Ana LPOC77002,2023
Kimley>»Horn = 15
2. FEE PROPOSAL
Kimley-Horn's standard rate sheet has been included in the separate, sealed envelope submitted
alongside our statement of qualifications for this on -call contract.
LAE
City of Santa Ana LPOC770022023
Kim ey>»Horn • 16
3. CERTIFICATIONS
Per the RFP, the following attachments are included in the appendix of this proposal:
• Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
City of Santa Ana . LPOC77002.2023
Kimley>»Horn 17
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City of Santa Ana - LPOC77002.2023
Kimley>»Horn • 18
Attachment 3-1: Non -Collusion Affidavit
Appendix
ATTACMIENT3-1: NON-COLLUSIONAFFIDAM
CERTIFICATIONS
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITYOF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone
else to put in a sbam bid, or that anyone shall refrain from bidding; that the BIDDER has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to
any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or shambid.
Note: The Abbye Non-c ion Affidavit is part of the Proposal, Signing this Proposal on the
signature po 'on ereof �l also constitute signature of this Non -collusion Affidavit. BIDDERS
are cautione tha a e certification may subject the certifier to criminal prosecution.
Signed Darren J. Adrian, Sr. Vice President
State of California
County of Q
Subscribed�,^, and sworn to (or affmned) before me on this �` day of tii6d�t20 L2 by
jxwy4h ftA4'iaw.., proved to me on the basis of satisfactory evidence to be the persojWw) ! ho appeared
before me.
Notary Public Signature
uua wmo
� Nanry Puhllc �Calllornia
1 CdnmbJontl E31)156 i
Notary Public Seal
City of Santa Ana RFP 22-097
Page A3-1
City of Santa Ana - LPOC77002.2023
Kimley,»Horn 19
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City of Santa Ana LPOC770022023
KimleyoHorn • 20
Attachment 3-2: Non -Lobbying Certification
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
I. No federal appropriated fonds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an offic er or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendhnent, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of anyfederal agency, a Member of
Congress, an officer or employee of Congress, or an employee of Member ofCongress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a"Disclosure of Lobbying Activities".
This certification is a material representation offact upon which reliance was placedwhen this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submittinghis or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
Kimley-Horn and Associ4tes, Inc.
Signed and Printed Name:
Title Senior Vice President
Date March 15, 2023
Darren J. Adrian, P.E.
City of Santa Ma • LPOC77002.2023
Kimley,))Horn 21
Attachment 3-3: Non -Discrimination Certification
Appendix
ATTACHMENT 3-3: NON-DISCRUMNATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated diving employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments wider this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
City of Santa Ana - LPOC77002.2023
KimleyoHorn • 22
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title: Darren J. Adrian, P.E., Sr. Vice President
Firm: Kimley-Horn and Associates, Inc.
Date: March 15, 2023
City of Santa Ana - LPOC77002.2023
KimleyoHorn 23
EXHIBIT C
COMPENSATION
Consultant's Fee Proposal including hourly rates if applicable
Kimley)))Horn
Kimley-Horn and Associates, Inc.
Hourly Labor Rate Schedule
Classification
Rate
Analyst 1
$120 - $160
Analyst II
$160 - $195
Professional
$195 - $235
Senior Professional 1
$235 - $310
Senior Professional II
$310 - $395
Senior Technical Support
$155 - $285
Technical Support
$95 - $155
Support Staff
$85 - $135
Effective through June 30, 2024
Subject to annual adjustment thereafter
External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract
Sub -Consultants will be billed per the Contract
kimley-horn.com 11100 W Town & Country Road, Suite 700, Orange, CA 92868 714-939-1030
Reyes, Erendida
From: City of Santa Ana <certificate-request@ctraxjdidata.com>
Sent: Tuesday, May 16, 2023 2:56 PM
To: Rodriguez, Teresa; Reyes, Erendida
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
('I I A- STAFF: PRINT THIS PAGE AND INCIA DE WITH AGREENI I.NT TO THE CLERK OF THE COt NCIL
Contractor Kimley-Horn and Associates, Inc.
Name:
Project TBD (105)
Number.
Project RFP No. 22-097 ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PROFESSIONAL LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
POLICY NUMBER EXPIRATION
DATE
CA2970071MA 04/01/2024
GL5268169 04/01/2024
COI DATE FILE NAME
04/04/2023
04/04/2023
B0146LDUSA2304949 04/01/2024 1 04/04/2023
WC015893685AOS
04/01/2024 04/04/2023
City of Santa
Ana ALL
PROJECTS
COI 2024.pdf
City of Santa
Ana ALL
PROJECTS
COI 2024.pdf
City of Santa
Ana ALL
PROJECTS
COI 2024.pdf
City of Santa
Ana —ALL
PROJECTS
COI 2024.pdf
1
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
5/16/2023 5:55 PM
DATE(MM/DD/YYYY)
A`�" CERTIFICATE OF LIABILITY INSURANCE
73/27/2025
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 have ADDITIONAL INSURED provisions or 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 CN A O ME:NTACT
Gre ling COI Specialist
Edgewood Partners Insurance Center PHONE FAX
3780 Mansell Rd. Suite 370 A/C No Ext: 770.552.4225 'C'No):
Alpharetta GA 30022 ADDRESS: greylingcerts@greyling.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: National Union Fire Ins Cc of Pittsburg 19445
INSURED KIMLASS INSURERB:Allied World Assurance Co(U.S.)Inc. 19489
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600 INSURERC: New Hampshire Insurance Company 23841
Raleigh, NC 27601 INSURER D: Lloyd's of London 85202
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:24041175 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY
A X COMMERCIAL GENERAL LIABILITY GL5268169 4/1/2025 4/1/2026 EACH OCCURRENCE $2,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $1,000,000
X Contractual Liab MED EXP(Any one person) $25,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
POLICY� ECT � LOC PRODUCTS-COMP/OPAGG $4,000,000
OTHER: $
A AUTOMOBILE LIABILITY CA4489663 AOS 4/1/2025 4/1/2026 COMBINED SINGLE LIMIT $2,000,000
A ( ) Ea accident
X ANY AUTO CA2970071 (MA) 4/1/2025 4/1/2026 BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B X UMBRELLALIAB X OCCUR 03127930 4/1/2025 4/1/2026 EACH OCCURRENCE $5,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$1 n rIno $
C WORKERS COMPENSATION WC067961230(AOS) 4/1/2025 4/1/2026 X PER oTH-
C AND EMPLOYERS'LIABILITY YIN WC013711885(CA) 4/1/2025 4/1/2026 STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE [-W] E.L.EACH ACCIDENT $2,000,000
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000
D Professional Liability B0146LDUSA2504949 4/1/2025 4/1/2026 Per Claim $2,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re: On call City of Santa Ana; Michael Ledbetter.The City of Santa Ana, its officers,employees,agents,volunteers&representatives are named as Additional
Insureds with respects to General Liability where required by written contract.The above referenced liability policies with the exception of workers
compensation&professional liability are primary&non-contributory where required by written contract.Should any of the above described policies be cancelled
by the issuing insurer before the expiration date thereof,30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate
Holder.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract&allowed by law.
Tu Tran Digitally signed by Tu
Tran Nguyen APPROVED
Nguyen Date:2025.04.03
09:00:42-07'00'
CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 9:00 am,Apr 03,J20225
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
20 Civic Center Plaza, M-30; AUTHORIZED REPRESENTATIVE
Santa Ana CA 92701-0000 4— J_
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE
ENDORSEMENT
This endorsement, effective 1 2:01 A.M. 04/01/2025
forms a part of Policy No. CA4489663
issuedto KIMLEY-HORN AND ASSOCIATES, INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery
Against Others to Us, is amended to add:
However, we will waive any right of recover we have against any person or organization with whom you have
entered into a contract or agreement because of payments we make under this Coverage Form arising out of
an "accident' or "loss" if:
(1) The "accident' or "loss" is due to operations undertaken in accordance with the contract existing
between you and such person or organization; and
(2) The contract or agreement was entered into prior to any "accident' or "loss".
No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the
person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained
by any injured employee.
AUTHORIZED REPRESENTATIVE
62897 (6/95) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1
POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY
CG20101219
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
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑
A. Section II - Who Is An Insured is amended to maintenance or repairs) to be performed by
include as an additional insured the person(s) or or on behalf of the additional insured(s) at
organization(s) shown in the Schedule, but only the location of the covered operations has
with respect to liability for "bodily injury", been completed; or
"property damage" or "personal and advertising 2. That portion of "your work" out of which
injury" caused, in whole or in part, by:
the injury or damage arises has been put to
1. Your acts or omissions; or its intended use by any person or
2. The acts or omissions of those acting on organization other than another contractor or
your behalf; subcontractor engaged in performing
in the performance of your ongoing operations operations for a principal as a part of the
for the additional insured(s) at the location(s) same project.
designated above. C. With respect to the insurance afforded to these
additional insureds, the following is added to
However: Section III - Limits Of Insurance:
1. The insurance afforded to such additional If coverage provided to the additional insured is
insured only applies to the extent permitted required by a contract or agreement, the most
by law; and
we will pay on behalf of the additional insured
2. If coverage provided to the additional is the amount of insurance:
insured is required by a contract or 1. Required by the contract or agreement; or
agreement, the insurance afforded to such
additional insured will not be broader than 2. Available under the applicable limits of
that which you are required by the contract insurance;
or agreement to provide for such additional whichever is less.
insured. This endorsement shall not increase the
B. With respect to the insurance afforded to these applicable limits of insurance.
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY
CG20371219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
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 B. With respect to the insurance afforded to
organization(s) shown in the Schedule, but only these additional insureds, the following is
with respect to liability for "bodily injury" or added to Section III — Limits Of Insurance:
"property damage" caused, in whole or in part, If coverage provided to the additional insured is
by "your work" at the location designated and required by a contract or agreement, the most
described in the Schedule of this endorsement we will pay on behalf of the additional insured
performed for that additional insured and is the amount of insurance:
included in the "products-completed operations
hazard". 1. Required by the contract or agreement; or
However: 2. Available under the applicable limits of
insurance;
1. The insurance afforded to such additional
insured only applies to the extent permitted whichever is less.
by law; and This endorsement shall not increase the
2. If coverage provided to the additional applicable limits of insurance.
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 1
POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2)You have agreed in writing in a contract or
Condition and supersedes any provision to the agreement that this insurance would be
contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the
additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1)The additional insured is a Named Insured
under such other insurance; and
CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1
POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY
CG24041219
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery against the
person(s) or organization(s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s) shown in the Schedule
above.
CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1
Policy Number: B0146LDUSA2504949
3. costs incurred by the Insured to correct, re-perform or complete any Media
Activities or Technology Based Services;
4. fines, taxes or loss of tax benefits, sanctions or penalties assessed against:
the Insured;
5. punitive or exemplary damages, unless insurable by law in any venue which
applies to the Claim, and which venue is most favorable to the Insured in
relation to coverage of such Damages, excluding the application of conflicts
of laws of such venue;
6. discounts, coupons, prizes, awards or other incentives offered to the
Insured's customers or clients;
7. liquidated damages to the extent that such damages exceed the amount for
which the Insured would have been liable in the absence of such liquidated
damages agreement;
8. any amounts for which the Insured is not liable, or for which there is no legal
recourse against the Insured; or matters deemed uninsurable under the law
pursuant to which this Policy shall be construed.
M. "Insured"shall mean:
1. the Named Insured;
2. a director, officer past or present partner partners, principals, officers,
directors, members, or stockholders of the Named Insured, but only with
respect to the performance of his or her duties as such on behalf of the Named
Insured;
3. Any retired partners, principals officers, directors, members, stockholders or
employees of the Insured,but only while acting within the scope of their duties
for the Insured.
4. an employee, or Temporary Employee, leased or contract personnel under
the direct supervision of the Named Insured, but only for work done while
acting within the scope of his or her employment and related to the conduct
of the Named Insured's business;
5. a principal if the Named Insured is a sole proprietorship, or a partner if the
Named Insured is a partnership, but only with respect to the performance of
his or her duties as such on behalf of the Named Insured;
6. any person who previously qualified as an Insured under 2,3 or 4 above prior
to the termination of the required relationship with the Named Insured, but
only with respect to the performance of his or her duties as such on behalf of
the Named Insured;
7. the estate, heirs, executors, administrators, assigns and legal representatives
of any Insured in the event of such Insured's death, incapacity, insolvency or
bankruptcy, but only to the extent that such Insured would otherwise be
provided coverage under this Insurance;
8. the Named Insured with regard to its participation in a joint venture, for the
Named Insured's liability that arises out of an act, error or omission in
rendering or failing to render Professional Services by the Named Insured
or for a Pollution Condition that arises out of the rendering of or failing to
render Professional Services or the performance of or failing to perform
Contracting Services by the Named Insured and for the Named Insured's
liability arising from participation in the joint venture; and
solely with respect to Insuring Clause I.B., any person or entity for whom the
Named Insured renders or rendered Professional Services or performs or
performed Contracting Services, provided that a written contract or
agreement is in effect between the Named Insured and any person or entity
requiring the person or entity to be an additional insured under the Named
Insured's architects, engineers and contractors pollution liability policy.
16
However, such person or entities are covered under Insuring Clause I.B. of
this Policy solely with respect to Damages and Claims Expenses arising from
Professional Services rendered or Contracting Services performed by or
on behalf of the Named Insured and are not covered for any Damages and
Claims Expenses arising from the person or entity's own acts, errors or
omissions. Any Person or entity of the Named Insured are covered under
Insuring Clause I.B. of this Policy, subject to Clause Vill., only for the Limits of
Liability required by the written contract or agreement.
Any coverage provided to an additional Insured under the Named Insured's
architect, engineers and contractors pollution liability insurance shall be
excess over any other valid and collectible insurance available to such
additional Insured unless a written contract or written agreement specifically
requires that this insurance apply on a primary and non-contributory basis,
strictly by prior written agreement from underwriters.
N. "Malicious Code" means any virus, Trojan Horse, worm or other similar software
program,code or script intentionally designed to insert itself into computer memory
or onto a computer disk and spread itself from one computer to another.
O. "Media Communication" means the display, broadcast, dissemination,
distribution or release of Media Material to the public by the Named Insured.
P. "Media Material" means information in the form of words, sounds, numbers,
images,or graphics in electronic, print or broadcast form, including Advertising, but
does not mean computer software.
Q. "Media Activities" means Media Communication and/or the gathering, collection
or recording of Media Material for inclusion in any Media Communication in the
ordinary course of the Named Insured's business.
R. "Mediation" means the voluntary and otherwise non-binding process by which a
qualified professional mediator mutually agreed upon by the parties intercedes
between the parties with the intention to reconcile them to resolve a Claim. The
term Mediation shall not include or mean other dispute resolution by litigation or
arbitration.
S. "Named Insured"means only those persons, partnerships,corporations or entities
specified in the Declarations.
I . Named Insured means only those persons, partnerships, corporations or
entities specified in the Declarations.
1 The term Named Insured and/or Insured shall include any and all
affiliates, divisions, subsidiary corporations, or subsidiary limited liability
companies thereof, of any tier, in the past, as now or hereafter constituted;
and any other legal entity in which the first Named Insured and/or(or the
majority owners of the First Named Insured and/or any Insured) have
more than fifty percent (50%) ownership or over which the first Named
Insured (or the majority owners of the first Named Insured) exercise
management or financial control and have contractually agreed to provide
insurance for such entity.
3. The Named Insured shall include any entity that is owned fifty percent
(50%) or greater by employees of the Named Insured provided that such
entity was created to meet state or other regulations requiring that only
registered professionals can own a design firm subject to the terms and
conditions of Clause XVII.A.
T. "Optional Extension Period" means the period of time after the end of the Policy
Period for reporting Claims as provided in Clause XII. of this Policy.
17
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 04/01 /2025 forms a part of Policy No. WC 013-71-1885
Issued to KIM LEY-HORN AND ASSOCIATES, INC.
By NEW HAMPSHIRE INSURANCE COMPANY
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against any person or organization with whom you have a written contract that requires you to obtain this
agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium
for this policy.
WC040361 Countersigned by_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(Ed. 11/90)
Authorized Representative