HomeMy WebLinkAboutLANDSCAPE IRRIGATION CONSULTING 1 - 2002
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N_2002-021
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tl~. ~~'i~ CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day Of~, 2002 by
"'j and between Landscape Irrigation Consulting, a California corporation (hereinafter
t; "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
. J o:} -' existing under the Constitution and laws of the State of California (hereinafter "City"),
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~~~. g~ RECITALS
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,.., .,"" A. The City desires to retain a consultant having special skill and knowledge in the field of
" ,,;::; ! '-' :,j irrigation design,
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B. Consultant represents that Consultant is able and willing to provide such services to the
City,
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 ofthe 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 those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a, City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $3000,00 during the term of this Agreement.
b, Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures, Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City,
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2002, unless terminated earlier in accordance with Section 12, below, The term of this
Agreement may be extended upon a writing executed by the Executive Director of Parks,
Recreation and Community Services and the City Attorney,
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4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term ofthis 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 marmer 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. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Reserved.
b. Reserved.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
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f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant shall, to the fullest extent permitted by law, indemnify and hold City harmless
from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to
the extent caused by Consultant's reckless or negligent acts, errors or omissions in the
performance of professional services under this Agreement and those of his subconsultants or
anyone for whom Consultant is legally liable.
Consultant is not obligated to indemnify City in any manner whatsoever for City's own
negligence.
7. 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.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
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9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
888 W. Santa Ana Boulevard, Suite 200 (M-23)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 571-4235
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Landscape Irrigation Consulting
33282 Golden Lantern Street, Suite 201
Dana Point, California 92629
Telefacsimile ((49) 661-2269
Attn: Frank Simon
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other 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.
10. 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 nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. 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 completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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.
IS. 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 her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
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PATRICIAE. HEALY , [)
Clerk ofthe Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY:~~Q~
LaJfa Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JON "RIP" RIBBLE
Executive Director of the Parks,
Recreation and Community
Services Agency
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CITY OF SANTA ANA
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DAVID N. REAM
City Manager
CONSULTANT
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Fmolover ID # or Individual SS #
LANDSCAPE IRRIGATION CONSULTING
33282 Golden Lantern Street, Suite 201
Dana Point, CA 92629
phone 949-661-0905 fax 949-661-2269
18 January 2002
City of Santa Ana
Recreation, and Community Services M-23
888 W. Santa Ana Boulevard, Suite 200
P.O. Box 1988
Santa Ana, CA 92702
Attention: Glen Forbes
RE:
Professional Irrigation Design and Consulting Services for:
Santiago Park Irrigation Rehabilitation - Santa Ana, California
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Dear Mr. Forbes,
Landscape Irrigation Consulting is pleased to submit this proposal for professional irrigation
design and consulting services on the project mentioned above.
After my meeting on site with you, I understand that the park irrigation system will consist of the
layout of a primary main line pipe with sub-main lines to access a quick coupling system. The
quick coupling system will be used by the park maintenance/naturalist to supplement proposed
native plantings with required water during the establishment period.
The main line pipe will be located to follow the established decomposed granite path. This will
enable the main line to be located easily in the future should the park decide to expand the
system. I will size the main line pipe to a maximum flow that the point of connection will allow.
I am proposing to locate the quick couplers at a maximum of 100' on center and at strategic
locations. I will also attempt to locate the quick couplers so in the event a manual valve is
required to operate sprinkler heads; an easy conversion may be completed. I will create a detail
that will protect the equipment since the park may be vulnerable to vandalism and theft. The
detail may initial increase the cost to a fairly rigid budged, however the monies spent up front will
eliminate needless replacement and repair cost.
Since there is not base sheet information, other than the blue line print you provided me, I am
proposing to create and complete the project in the AutoCAD format. I will establish base sheet
information as a part of this proposal.
We will follow the green book specifications and supplement any installation details that will be
required to complete the design of the project.
Landscape Irrigation Consulting is a full service irrigation consulting firm and is available to
follow the design portion into the field to verify proper installation to be in conformance with the
drawings and design intend. This service although not included in the base fee can be provided
as a ti me and material cost or as a separate contract.
C-SA_santiago pari<..pro
EXHJBiT A 1
_intI.
Santiago Park Irrigation Rehab
City of Santa Ana
18 January 2002
page 2
I would like to thank you for considering Landscape Irrigation Consulting to be part of your design
team. If you have any questions please do not hesitate to contact me.
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C-SA_santiago park. pro
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Santiago Park Irrigation Rehab
City of Santa Ana
18 January 2002
page 3
Santiago Park Irrigation Rehab
Proposed Scope of Work
18 January 2002
SCOPE OF WORK:
1.0 DESIGN DEVELOPMENT
Landscape Irrigation Consulting will perform the Design Development services as
follows:
A. Meet with City of Santa Ana to discuss the project goals, scheduling,
preliminary landscape design, review proposed utility plans relevant to irrigation
and identify any preliminary constraints to the proposed irrigation system. .
B. Review existing utility plans and record any possible conflicts and modifications
necessary for the installation of the irrigation system.
2.0 BASE SHEET PRPARATION:
Landscape Irrigation Consulting will prepare base sheet using the AutoCAD format as
follows:
A Scan the image from the blue print, provided by the client and digitize the
information into their appropriate layers to create a background for use in the
design of the irrigation system.
B. Prepare a title sheet to conform the standard title sheet used by the City of
Santa Ana with the appropriate title information to describe the project
C. Create all drawings to be plotted on Mylar sheet (24" x 36") with a reverse
reading image.
3.0 CONSTRUCTION DOCUMENTS
Landscape Irrigation will perform the Construction Document services as follows:
A Prepare irrigation construction drawings (one 24" x 36" at a scale of 1"=40'), on
Auto CADD release 2000 considering peak demand, exposure, topography,
plant materials, soil conditions, maintenance requirements and installation
methods.
B. Prepare irrigation construction details on Auto CADD release 2000 for
appropriate irrigation components as necessary to effectively communicate
design intent and identify specific components needed to install irrigation
equipment assemblies.
C. Prepare technical irrigation specifications following Green Book standards for
public works.
C~SA_santjago park. pro
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Santiago Park Irrigation Rehab
City of Santa Ana
18 January 2002
page 4
D. Meet with Client for review and approval of the irrigation construction
documents, details and specifications.
4.0 TERMS OF CONTRACT
A. Fee Summary:
a)
b)
c)
Desiqn Development Fee
$200.00
$600.00
$1.500.00
$500.00
Base Sheet Preparation Fee
Construction Drawinqs Fee:
d)
Reproduction Allowance
2. Fees stated are only for those services described within this contract.
Additional items or revisions requested by the client as a result of
alterations to base information or planting plan changes after the original
submittal of these plans to Landscape Irrigation Consulting for use in the
preparation of the irrigation system design are considered additional
services. Additional Services will be completed on a time and materials
basis using the following fee schedule:
3. Standard Hourly Rates:
B. Exclusions:
a)
b)
c)
d)
e)
Principal
Project Manger
Senior Draftsperson
Draftsperson
Clerical
$95.00 per hour
$75.00 per hour
$55.00 per hour
$45.00 per hour
$35.00 per hour
1. Electrical service requirements to the irrigation computer control units or
any required pumping facilities will be coordinated with the electrical
engineer. However, actual drawings and specifications for these items
will be provided by the electrical engineer and are not included in the
fees stated above.
C. Completion Time:
1.
Reasonable Design Completion Time shall be determined and scheduled
at least one week in advance of receipt of completed base
2.
Due to risi ng costs and the fact that some projects are placed on "hold"
for up to 6 months or more after the proposal, our fees shall be valid for a
maximum of six months from the date of this proposal. If the project
commences after the expiration date of (Six Months from this Proposal
Date) the contract fees shall be subject to adjustment up to 18% per year.
C-SA_sanliago park.pro
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Santiago Park Irrigation Rehab
City of Santa Ana
18 January 2002
page 5
3. City of Santa Ana will be invoiced every two weeks or upon percentage
of completion of each of the design service packages (if applicable),
whichever comes first.
4. The total invoice will be due and payable upon receipt, unless other
arrangements have been made, in writing, between City of Santa Ana
and Landscape Irrigation Consulting.
D. Professional Liability:
1. City of Santa Ana agrees to limit Landscape Irrigation Consultant's
liability to City of Santa Ana and all contractor's and subcontractor's on
the project, due to professional negligent acts, errors or omissions of
Landscape Irrigation Consulting to the amount of Landscape Irrigation
Consultant's fee.
2. Landscape Irrigation Consulting makes no representation concerning soil
conditions unless specifically included in writing in this agreement, and III
not responsible for any liability that may arise out of the making or failure
to make soil surveys, or sub-surface soil tests, or general soil testing.
E. Disputes:
1. Should any dispute or claim arising under this Agreement result in legal
action, the prevailing party shall receive reasonable attorney's fees and
court costs from the other party.
F. Cancellation:
1.
Either party may cancel this Agreement by written notice mailed to the
other party at his or her place of business.
2.
All plans, drawings, sketches and other original documents
supplied
C-SA_sanliago park.pro
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. .
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Santiago Park Irrigation Rehab
City of Santa Ana
18 January 2002
page 6
G, Required Information:
1, Landscape Irrigation Consulting will require the following from City of
Santa Ana prior to commencement of work:
a) Site plan showing existing and proposed site improvements,
b) Topographic plan on Auto CADD release 14 indicating final site-
grading conditions with 2' contour lines,
c) Site utility plans including all water and sewer information,
If you find everything in this proposal to your agreement, please sign below and return to
Landscape Irrigation Consulting retaining a copy for you files,
City of Santa Ana
" '
Title
Date:
Titl
1.1 d~ -iov'L-
Date:
C-SA_santiago park. pro
_inti.
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Agency Name and Address: THIS CERTlFICAT~ IS ISSUED AS A MATIER OF
Professional Practice INFORMATlON ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLOER. THIS CERTIFICATe DOES
265 Bullard, #]0] NOT AMEND, EXTEND OR ALTER THE COVERAGE
Fresno, CA 93704-1700 AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address: Companies Mortling, >:.oIlcles:
Landscape Irrigation Consulting AAmerican Manufacturers Mutual Ins.
B.
33282 Golden Lantern Street #201 c
Dana Point, CA 92629 D.
E,
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Certificate of Insurance
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#M36340
COVERAGES. THIS IS TO CERllN THAt POLICIES OF INSURANCE USTEo BELOW HAVE Bl:EN ISSUEO TO THE lNSURI;O NAMED ABOVE FOR THE POLICY PERIOO INDICATED.
NOlWITHSTANDIIIlG ANY REQUflEMENT, 1'EAAt 01\ CONDITION OF ANY CONTAACT OR OTHER OOCUMENTW/TH RES"?ecTTO WHtCH Tf-{/S CERTIFlCATE MAY Sf: ISSUED OR
MAY PERTAJN THE INSURANCE AFFOODED 8Y THE POlICIES DE"SCRJEIE;o HEREJN IS SUBJECT TOAl.!. THE lER~S. ExCl.USIONS, ANn CONDlTlONS OF SUCH POLICIES.
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DAiE POLICY LIMITS
A GENERAL LIABILITY 7RE79611700 08123/01 08/23102 Goo.ral Aggrogoto: S2,OOO,000
lXI Commercial General Uablllty P""ltJcts-Com/Ops
o Claim. Made Aggregato: $2.000.000
Ii[) Occurrence Persooal and Adv.lnjury: $1,000,000
o Owner's and Contractors EaCh Occurrence: $1,000.000
Protective Fire Dmg, (anyone firs): $500,000
0
A AUTO LIABILITY 7RE796117oo 08/23/0 I 08/23/02 Combined Singlo Urnit: SI.ooo.ooo
o IVry Autornobio BociIly Injury/person: SO
o All OWned Autos BooUy Injury/occident SO
o Scheduled AUIOS Property Damage: SO
@ Hired Autoo
1&1 Non-OWned Autos
o GarageLlabiJiIy
0
EXCESS LIABILl1Y Each Oxurrence:
o Umbrella Form Aggregate:
o OtI1ar than U_eIIa Form
WORKERS' .- - .-. ~ "'1.-- ",,13 StoIUlory limits
COMPENSA nON /' :;3 /).. ElJCh Accident:
AND EMPLOYER'S Disease/Poficy Limit::
LIABILITY CI U~'"fI Nt', LEE SHAW
Disease/ErnpJoyse:
PROFESSIONAL - .~- -.., ,-. -,. Per Claim
LIABILITY' ate
$0
Description of OperationsILocationsNehicleslRestrictiOnSISpeCial items;
an OF SANTA ANA. ITS OFFICERS. AGENTS. EMPLOYSES, REPRESENTATIVES AND VOLUNTEERS A.RE NAMED ADDITIONAL INSUREDS AS RESPECTS GENEFlAl.
LIABILITY REGARDING AlL OPERA TJONS OF THE NAMED INSURED
'Wrilte at a
ount sown.
THE AGGREGATE lIMn IS Tl-lE TOTAL lNSURAN::E AVAILABLE FOR ClAIMS PRESENlED
WITHIN THE POLICY FOR AI.L OPERATIONS OF Th'E INSURED.
CANCELU,.,ON:
8HOUWANY OF THE ABOVE DESCRlaEO POuClES BE CANCElED BERJRE THE EXPIRATTON
DATE THERSOF, THE ISSUING COMPANY. ITS AGENTS OR REPFlESENTATIVES WILL MAJL 30
DAYS WRITTEN NOTICE TO THE CERnFlCATE HOI.DI:R NII.NED TO ThE I.EFT. l;XCEPT IN
THE E;:VENT OF CANCELLATION FOR NON-PAYMENT OF FiREMIUM IN WliICH C"SE TO DAYS
NOTICE WILL BE GIVEN.
Avlhor1z lip 040802
City of Santa AnalRosa H Alvarez
Parks Reer & Comm Serv Agcy
POBox 1988 M-23
Santa Ana, CA 92702
~,
.
KEMPER PREMIER ENDORSEMENT FOR
ARCHITECTURE AND ENGINEERING FIRMS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY,
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08
1. ADDIT10NAL INSURED"" BY CONTRACT, AGREEMENT OR PERMIT
ADDITIONAL INSURED: Cit of Santa An ill< offICers,. nls, om 10 ees, f esentallv.. and volunteers
Item 5. of Secllon C. -WHO IS AN INSURED, Is deleted and repleced by the following:
Any person or organization (named above) to whom or to which you are obligated by virtue of a
written
contract agreement or pennl\ to provide such insurance as afforded by this policy Is an insured, but
only
with respect to liability arising out of:
a) "Your work' for that Insured by you, including work or operations performed on \lOur behalf for that
insured;
b) Permits Issued by state or political subdivisions for operations performed by you; or
c) Premises you own, rent, occupy or use.
This provision does not apply unless the written conl1act or agreement has been executed, or the
permit
has been Issued, prlor to the "bodily injury," "property damage: 'personal injury" or "advertising
Injury."
This provision does not apply to any person or organization included as an insured under Additional
Insured - Vendors.
(NOTE: MEETS OR EXCEeDS CG ~o 10 11 85)
2. PRIMARY" . NON-CONTRIBUTORY
This Insurance Is primary and is not additional to or contributing with any other insurance carried by
or
for the benefit of Addilionellnsureds.
3. SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this
policy to the first Named Insured, this insurance applies:
a) As if each Named Insured were the only Named Insured; and
b) Separately to each insured against whom claim Is made or "suit Is brought.
4. NOTICE OF CANCELLATION
If we cancel this policy for any reason ollter than non-payment of premium, we will mail written
notice at
least 30 days before the effective date of cancellation to the Additional I nsureds on file with the
Company.
If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days
befOfe the effective dale of cancellation to the Additional Insureds on lile with the Company.
5. WAIVER OF SUBROGATION
~:APP D AS TO 'FORM
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.. ST!N'" LEE' '\,.", iv
Oeputy City Attorney
.
.
If the insured has rights to recover all or part of any payment we have made under this policy, those
rights are transfarred to us. This insurance shall not be invalidated should the Named Insured
waiva in wrfllng, prior to a loss, any or aU righls of recovery against any party for a lOss occurring.
However. the Insured must do nothing after a loss to impair thase rights. At our request. the
insured will bring 'sult" 01 transfer those rights to us and help us enforce them. This condition does
not apply to Medical Expenses Coverage.
Nothing herein contained shall vary. alter or extend any provision or condition of the Policy other than as above
stated.
NAMED INSURED: Land.cane IrriMation Consultina POLICY NO: 7RE79611700
Effective Date: 08123/01 Exnlration Date: 08/23/02
AMERIC~E~OH::::ECOMPANY
ISSUED; April S. 2002
~VE~ts TO FORM
~,ldEE SHAW
Deputy City Attorney
.
Certificate of Insurance
,
Agency Nome and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTlACATE DOES
265 BuJlard, # 1 0 1 NOT AMEND, EXTEND OR ALTER THE COVERAGE
Fresno, CA 93704-] 706 AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address; \ Companies A"DIlling PoIicie.:
Landscape Inillation Consulting O'l-- "American Manufacturers Mutuiil Ins.
8.
33282 Golden Lantern Street #20] 1--' c.
Dana Point, CA 92629 'L-"O D.
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COV~RAGES.: THIS IS TQCERnFY THAT POUCIES OF INSURANCE LISTED BELOW IiAve BEEN ISSUED TO 'THE INSUR!:.C NAMED ABOVe. FOR THE POLICY PERIOD INDICATED.
N01WITHSTANDtNG ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THrs CERTJACATE: MAY BE ISSUED OR
MAY PERTAIN THE INSURANCe AFFORDED BY THE' POlICES DESCRIBED HEREIN IS SUBJECT TO ALl THE TEAMS EXc\'USlON8, AND CONDITIONS OF SUCH POLlClES
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS
A GENERAL L1ABIUTY 7RE7961170l 08J231lJ2 08123103 General Aggregate: $2.000,000
[ig Commercial General Uabillty Products-ComlOps
o Claims Mada Aggregate: $2,000,000
[ig Occurrence Personal and Adv. Injury: $1,000,000
o Owner's and Contractors &oh Occurrence: $1,000.000
Protective Fire Omg. (any one fire): $SOO,OOO
0
A AUTO LIABILITY 7RE79611701 08123/02 08123/03 Ccmbined Single Limit: $1.000.000
o Any AUfomobile Bodily lniwy/person: $0
o All Owned Autos BodIly Injury/accldent $0
o Scheduled Aulos
[ig Hired Autos Property Damage: $0
Ii9 Non_ned Autos
o Garage LJabjJily
0
EXCess LIABILITY Each Occurrence:
o Umbr9fla Form APP~ ~] AS, ~O ] ORM Aggregate:
o Other tIlen Umbrella Form
WORKERS' ( t<-.-, V- f- 't\-' Statutory Limits
COMPENS"nON CRIS'I' E lEE SJlIA Each Accident
AND EMPLOYER'S DlseaseIPolicy limit
LIABILITY Deputy City Attorne
Dlsease/E"1lIoyee:
PROFESSIONAL Per Claim
UABILrrY- Acoreoale
$0
Descrrptlon of OperatlonsllocatlonsNehfcleS/RestnctlOnS/SpeclaJ items:
CITY OF SANTA ANA. ITS OFl=fCERS, AGENTS. EMPLOYEES, REPRESENIAl1VeS AND VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS AS RESPECTS GENERAL
LIABILITY REGARDING ALL OPERA noNS OF THe NAMED INSURED
re ate limits at lia j it not less th
Certificate Holder:
n amount shown.
tHE' AGGREGATE LIMIT IS TlfE rorAt.INSt1RANC€ AVAIlABLE RJff ClAIMS PAEsEoVrEO
WlTtflN THe POlICY ~ All OPEAAT1ONS OFTNE INSUREo.
CANcEI.LATION,
SHOULOANY OF l1iE ABOVE OSSCRfBED POLICIES 8E CANCELED BEfOFle THE EXPIRATION
DATE THEREOF, THE assUING COMPANY. ITS AGENTS OR REPRESENTATiVES Wll.l MAll3()
DAYS WRrrreN NOTICE TO THE CEIUlFICATE HOI.OEA NAMEO TO THE L.E~. eXCEPT IN
THEEVENTOFCANCEU.ATlON FOR NON.PAYMENTOF PREMIUM IN WHICH CASE 10 CAYS
NOTICE WILl. BE GIVEN.
P.utharizbd AepreMrltative:" 'I
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08121102
City of Sanla Ana/Rosa H Alvarez
Parks Recr & Comm Serv Agcy
POBox 1988 M-23
Santa Ana. CA 92702
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KEMPER PREMIER ENDORSEMENT FOR
ARCHITECTURE AND ENGINEERING FIRMS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
This endorsement modifies Insurance provided under the following:
BUS/NESSOWNERS LIABilITY COVERAGE FORM BP 71 08
1. ADDITIONAL INSURED - - BY CONTRACT, AGREEMENT OR PERMIT
ADDITIONAL INSURED: Ci of Santa An its officers a ents, em]o S,
sentatives and volunteers
Item 5. of Section C. -WHO IS AN INSURED, Is deleted and replaced by the following:
Any person or organization (named above) to whom or to which you ere obligated by virtue of a
written
contract, agreement or permit to provide such Insurance as afforded by this polley is an insured, but
only
with respect to Iiabilily arising out of:
a) "Vour work" for that Insured by you, Including work or operations performed on your behalf for that
jnsured;
b) Permits issued by state or political subdivisions for operations performed by you; or
c) Premises you own, rent, occupy or use.
This provision does not apply unless the written contract or agreement has been executed, or the
permit
has been issued, pOor to the "bodily injury," "property damage," "personal Injury" or "advertising
injury:'
This provision does not apply to any person or organization included as an insured under Additional
Insured - Vendors.
(NOTE: MEETS OR EXCEEDS CG 20 10 11 85)
2. PRIMARY - , NON..cONTRlBUTORY
This insurance Is primary and Is not additional to or contributing with any other insurance carried by
or
for the benefit of Additional Insureds.
3. SEPARATION OF INSUREDS
Except with respect to the limits of Insurance, and any rights or duties speclflcally assigned In this
policy to the first Named Insured, this insurance applies:
a) As if each Named Insured were the only Named Insured; and
b) Separately to each insured against whom claim Is made or "suit" is brought.
4. NOnCE OF CANCELLATION
If we cancel this policy for any reason other than non-payment of premium, we will mail written
notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the
Company.
Jf we cancel this polley for non-payment of pram/urn, we will mail written notice at least 10 days
before the effective date of cancellation to the Additional Insureds On file with the Company.
5. WAIVER OF SUBROGATION
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If the Insured has rights to recover all or part of any payment we have made under this policy. those
rights are transferred to us. This Insurance shall not be invalidated should the Named Insured
waive in writing. prior to a /oss. enyor all rights of reccvery against any party for a loss occurring.
However, the insured must do nothing after a loss to impair these rights. At our request, the
insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does
not apply to Medical Expenses Coverage.
Nothing herein contained shall vary. alter or extend any provision or condition of the Policy other than as above
staled.
NAMED INSURED: Landscaoe Irr1aation Consultina POLICY NO: 7RE79611701
Effective Date: 08/23/02 Exolration Dale: 08/23/03
AMERICA~N MANUFA:T~; :.UTUj ,AL.INSURANCE COMPANY
/..\;, -Lf....)[t
orl%ed Signature: Rita Scott
ISSUED: Aug....t21.2OO2
AS TO FORM
~
C E LEE SH \
Deputy City Attorney
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STATE P.O. BOX' 807, SAN FRANCISCO,CA Sl4J01-0a07
CO....PENSATioN
INS U A A N C&
FUN D CERTIFICATE OF,WORK$RS'COMPENSATION INSURANCE
ISSUE DATE: 11-01-02
POLICY NUMBER: 0606799 - 02
CERTIFICATE EXPIRES: 11-01-03
c./tr OF SANTA ANA PARKS RECREATION
AND COIIMS\lCSAGENCY ATTN ROSA ALVAREZ
POBOX 1988 ~-23
SANTA ANA CA '92702
This is to certify that we have issued a valid Workers' Compe~tjon insurance poJlcy ;n a form approved by the
California Insurance Commissioner to the employer named below tor the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer.
We will also give you ,30 _:days' adva~ce notice should this policy be cancelled prior to "its normal expiration.
This certificate _.Of ,i'nsuran'ce is not an insurance policy and does not amend, extend' or-alter the coverag'e afforded
by the pojicies~ljst6ct hereiti. _Ndtwithstandfng any req\.iire1l"!,fJint. term. or condition of any contract or other Qocument
with respect to which this certificate of insurancernay__..~_e. issued or may per~jn., the Insurance afforded, by the
PoHcies described herein is subject to all the te:rms~ exclusions Nld conditions of such policies.
~DE~
EMPLOYER'S', LII\BILIT'( LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PfR.OCCIJAAfNCE.
ENDORSEMENT #2065. ENTlTLED CERTIFICATE HOLDERS' J4DTICE EFFECTIVE 11/01/02 IS ATTAgifD. TO ANO
FORMS A PART OF THIS POLICY. .
EMPLOYER
'.
LEGAL NAME
LANDSCApE. IRRIGATION CONSULTING
SUITE 201 .
33282 GOLOEN LANTERN ST
OANA POINT CA 92629
LANDSCAPE IRRIGATION CONSULTING (A CORP.)
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