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HomeMy WebLinkAboutLANDSCAPE IRRIGATION CONSULTING 3City of Santa Ana ��q Clerk of the Council J_ AGREEMENT TERMINATION T DEC 13 PH 47 Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M -30). CI T ' € A Call 647 -6520 if you have any questions.! E Sri The agreement with N- 2009 -047 was completed on and final payment has been made. Department: Phone /Ext.: L15RS4 Signature: t&--)C X &/p Date: �, to a ism 1M7m is";':,iii{; ".'.E E'y FiLt: ~. ~ . ;~; ~i~O~EE: 4:i~.~i. iiiSiJRAfVCE EXPIRES id- as-d~ ~~~~~ ~~ eounc~~, i~~~I~.MAY 2 0 20~~ N-2009-047 CONSULTANT AGREEMENT o: Pncs C2~ A-}reh A THIS AGREEMENT, made and entered into this 20`" day of April, 2009 by and between Mar~neLLandscape Irrigation Consulting, a California "S" corporation (hereinafter "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 California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of landscape imgation. 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 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 provide landscape irrigation plans for the Civic Center Irrigation MWD Grant Project, as set forth in Exhibit A to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a forn~ compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. 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 $11,680.00, 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. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement maybe extended upon a writing executed by the Executive Director of the Parks, Recreation and Community Services Agency and the City Attorney. 5. 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. 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. Due to the nature of services provide, Commercial General Liability Insurance is not required. b. 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 of the 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. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. 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 frill 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their 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 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. 8. 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. 9. 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. 10. 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 Fax 714- 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Consultant: Landscape Irrigation Consulting Frank Simon 24681 La Plaza, Suite 330 Dana Point, California 92629 Fax 949-661-2269 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 telefacsimile, 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. 11. 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. 12. 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. 13. TERMINATION This Agreement maybe 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. 14. 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. 15. 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. 16. 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. 17. 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. /// /// /// IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: /" ___~ _ / " ~ ._ ` _. < <. ~ , -,_ _ -ff~'~' - PATRICJA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REA City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: L,~ ~ IRRIGATION CONSULTING ~~ GERARDO MO Executive Director o the Parks Recreation and Community Services Agency ' ~ ~ ~-l~~ FRANK SIMON President Tax ID # ~/~'0«~~j7~ EXHIBIT A CIVIC CENTER CENTRAL IRRIGATION MWD GRANT PROJECT Scope of Work CONSULTANT 1. Site Plan to include 22 locations for central automatic irrigation controllers, flow meters, master valves and other materials needed for fully operational systems. 2. List of materials to be installed at each location. 3. Electrical plan, if needed to show connections and installation. 4. Details for specific equipment installation. 5. Specifications for materials and construction. 6. Work with Calsense for design requirements. 7. Cost estimate for design and construction. 8. Complete plans & specifications within 30 days of execution of Agreement. CITY OF SANTA ANA 1. Supply existing irrigation plans and details for each location. 2. Supply digital format for construction plans (24" x 36"). 3. Review plans and provide comments for corrections. 4. Inspect installation with Calsense. LOCATIONS 1. Sheriff's Jail Facility (3) 12. County Courthouse planter 2. Coroner's Facility 13. Library Parking Street 3. Stadium Parking Structure 14. South side of Courthouse 4. Police Building 15. Ross Annex 5. Stadium Marquee 16. City Library 6. Old YMCA Building 17. East Mall area 7. Old County Courthouse 18. Social Services building 8. Sasscer Park 19. County Hall of Administration 9. County Central Utility Plant 20. Building 12 10 . Plaza of the Fountains 21. Broadway and Civic Center 11 . City Hall 22. Building 20 COMPENSATION Base Sheet Preparation and Construction Drawings Fee $7,600.00 Construction Administration Reproduction and Reimbursable costs $ 2, 080.00 $500.00 Contingencies (upon Executive Director's written request) $1,500.00 Payment by City will be made in conformance with Section 3 of the Agreement. Date (MM/DD/YYYY) ACORD~, ~ • ~ = ' ~ 04!28/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leatzow Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR d St t S it 208 2301 W 22 ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. ree e . n u COMPANIES AFFORDING COVERAGE Oak Brook IL 60523 , COMPANY A New Hampshire Insurance Company INSURED COMPANY Landscape Irrigation Consulting a 24681 La Plaza COMPANY Suite 330 c Dana Point, CA 92629 COMPANY D • THIS IS TO CERTIFY 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 NAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY'fHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ThiE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DDlYY) LIMITS GENERAL LIABILITY BODILY INJURY OCC $ COMPREHENSIVE FORM BODILY INJURY AGG $ PREMISES/OPERATIONS UNDERGROUND PROPERTY DAMAGE OCC $ EXPLOSION COLLAPSE HAZARD PROPERTY DAMAGE AGG $ PRODUCTSlCOPMLETED OPER DOES NOT APPLY - BI s PD COMBINED occ $ CONTRACTUAL BI 8 PD COMBINED AGG $ INDEPENDENT CONTRACTORS PERSONAL INJURY AGG $ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY - AU TOMOBILE LIABILITY Q BODILY INJURY ' ~ (Per Person) $ ANY AUTO ' ~ .- ALL OWNED AUTOS(Private Pass) ~0.1 ~ V d / s BODILY INJURY (Per Accident) $ ALL OWNED AUTOS (Other than Private Passenger) DOES NOT APPLY 4Y frj~ ~ ` ~ ° ~'t =~ '~ ~ ~ l , ~~~uy -~. ~" PROPERTY DAMAGE $ HIRED AUTOS ,}` ` . NON-OWNED AUTOS apSa (v ~t.V BODILY INJURY GARAGE LIABILITY - S1Sta COMBENED DAMAGE $ EXCESS LIABILITY EACH OCCURENCE $ UMBRELLA FORM DOES NOT APPLY AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION WC STATU- 1OTH- AND EMPLOYERS' LIABILITY TORT' LI^~"iT£ ER EL EACH ACCIDENT $ THE PROPRIETOR! INCL DOES NOT APPLY PARTNERSlEXECUTIVE 8 EL DISEASE -POLICY LIMIT $ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER 000 each claim 000 1 A Professional 006937113 10/22/2008 10/22/2009 , , 000 aggregate 1 000 Liability , , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: .. Clerk of the City Council SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 20 Civic center Plaza (M-30) 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO Box 1988 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE LEATZOW INSURANCE ~~ ~ (fir ' ~` %r I , ~ Date (MM/DD/YYYY) ~ ~ ~ ~ A CORD, _ ~ 04128!09 PRODUCER "" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ~,~ ~ /')~ ~ ~ ~ ,( / ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ~ ~ ~ ~ Leatzow Insurance v ~7 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. 2301 W. 22nd Street Suite 208 COMPANIES AFFORDING COVERAGE IL 60523 Oak Brook , co ANY 2~A New Hampshire Insurance Company INSURED COMPANY Landscape Irrigation Consulting = ' '' C~~i 24681 La Plaza ,_ C~ cQMP~p(Y Suite 330 Dana Point, CA 92629 COMPANY D • -~ THIS IS TO CERTIFY 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 NAY BE ISSUED OR NIAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRItED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDlYY) DATE (MM1DD/YY) GENERAL LIABILITY BODILY INJURY OCC $ COMPREHENSIVE FORM BODILY INJURY AGG $ PREMISES/OPERATIONS N PROPERTY DAMAGE OCC $ UNDERGROU D EXPLOSION COLLAPSE HAZARD PROPERTY DAMAGE AGG $ PRODUCTS/COPMLETED OPER DOES NOT APPLY BI & PD COMBINED OCC $ CONTRACTUAL BI & PD COMBINED AGG $ INDEPENDENT CONTRACTORS PERSONAL INJURY AGG $ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ~}{p INJURY ~ ~ ~~ ANY AUTO A PPRV y r BODILY INJURY ALL OWNED AUTOS(Private Pass) t'7~ ~~ < - (Per Accident) $ ALL OWNED AUTOS (Other than Private Passenger) DOES NOT APPLY j"7~%~ .~ „„ _ ~ _ ~ PROPERTY DAMAGE $ HIRED AUTOS `sTl~:~v y ll' ~ & . ,L Ia ' NON-OWNED AUTOS ~ IlL C]Ly ALLO(YiG BODILY INJURY PROPERTY DAMAGE ~ $ GARAGE LIABILITY COMBINED EXCESS LIABILITY EACH OCCURENCE $ UMBRELLA FORM DOES NOT APPLY AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION WC STATU- OTH- ' TORT LifviiTS ER AND EMPLOYERS LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL DOES NOT APPLY PARTNERS/EXECUTIVE B EL DISEASE -POLICY LIMIT $ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER 1,000,000 each claim A Professional 006937113 10/22/2008 10/22/2009 000 aggregate 000 1 Liability , , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: .. Clerk of the Cit Council y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 20 Civic center Plaza (M-30) 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO B 1988 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ox ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ~,~ ~L~~~,e' "' ~ '~ / ~ LEATZOW INSURANCE Client: 51267 LANDIRR1 ACORD CERTIFICATE OF LIABILITY INSURANCE D"~' .M 04/29/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Ins. Srvcs. of CA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O Box 40022 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fresno, CA 93755-4022 559 432-1800 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty Co of Am 36161 Landscape Irrigation Consulting INSURER B: 24681 La Plaza, Suite 330 C~~-.~, ,~`- t, s,j+~ INSURER C: Dana Point, CA 92629 . ~ i CLE~~=` - - URERD SURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMlDD POLICY EXPIRATION DATE M DD/YY LIMITS A GENERAL LIABILITY 6803152L325 08~23>•08 0823/09 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 000 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $10 Q0Q PERSONAL 8 ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 000 000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' WC STATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? - E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS! VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS R CITY OF SANTA ANA CLERK OF THE CITY COUNCIL 20 CIVIC CENTER PLAZA (M-30) P.O. BOX 1988 SANTA ANA, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7HE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL>iR)~ MAIL ~0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REPRESENTATIVE .+V VRY G.7 1LVV I/VOI 1 OT 1 if454915 $LY ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 Of 2 #454918 ACORD ~ ~ ~ ~ Date (MM/DDM'YY) ~ Tnn 04/28/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leatzow Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2301 W 22nd Street Suite 208 ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. . COMPANIES AFFORDING COVERAGE Oak Brook IL 60523 , COMPANY A New Hampshire Insurance Company INSURED COMPANY Landscape Irrigation Consulting s 24681 La Plaza COMC NY ~ ~ "`~ Suite 330 Dana Point, CA 92629 coMPANY ~ D • -~ THIS IS TO CERTIFY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR.'rHE POLIC RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH~RESPECTWHICH THIS CERTIFICATE NAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT_1;0'ALL TIdF.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~! ~ CO I TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I '~ r"'" ' LTR DATE (MM/DD/YY) DATE (MM/DDlYY) L"""' S ~ GENERAL LIABILITY BODILY INJURY OCC $ COMPREHENSIVE FORM BODILY INJURY AGG $ PREMISES/OPERATIONS UNDERGROUND PROPERTY DAMAGE OCC $ EXPLOSION COLLAPSE HAZARD PROPERTY DAMAGE AGG $ PRODUCTS/COPMLETED OPER DOES NOT APPLY BI & PD COMBINED OCC $ CONTRACTUAL 81 8 PD COMBINED AGG $ INDEPENDENT CONTRACTORS PERSONAL INJURY AGG $ BROAD FORM PROPERTY DAMAGE PERSONALINJURV AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO (Per Person) $ ALL OWNED AUTOS(Private Pass) BODILY INJURY $ ALL OWNED AUTOS (Per Accident) (Other than Private Passenger) DOES NOT APPLY PROPERTY DAMAGE $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY GARAGE LIABILITY PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY EACH OCCURENCE $ UMBRELLA FORM DOES NOT APPLY AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY L IMITS FR TH P EL Ei`,CH ACCIDENT $ E ROPRIETOR/ INCL DOES NOT APPLY PARTNERS/EXECUTIVE e EL DISEASE -POLICY LIMIT $ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER 000 each claim 1 000 A Professional 006937113 10/22/2008 10/22/2009 , , 000 aggregate 1 000 Liability , , DESCRIPTION OF OPERATIONSlLOCATIONS/VEHICLES/SPECIAL ITEMS Re: .. Clerk of the City Council SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 20 Civic center Plaza (M-30) 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO Box 1988 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. S A anta na, CA 92702 AUTHORIZED REPRESENTATIVE .-. r ~,a~- LL~ ~ { LEATZOW INSURANCE - . . .--.- CO LTR PRODUCER Leatzow Insurance 2301 W. 22nd Street Suite 208 Oak Brook, IL 60523 INSURED ~-'r` Landscape Irrigation Consulting 24681 La Plaza Suite 330 Dana Point, CA 92629 POLICY NUMBER COMPANY D ND CATER CNOTgVITHSTANDING ANY REQU REMENT. TERM OR CONDITION OFIANY CONOTRACT OR OTHE CERTIFCATE NAY BE ISSUED OR MAY PERTAIN, THE INSU NAMED ABOVE FOR THE POLICY PERIOD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITSSHOWN FORDED BY THE POLICIES DESCRIBED HEREIN) S SUBJECT TO ALLTTHEITERMSTHIS I MAY HAVE BEEN REDUCED BY PAID CI olnec TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISESlOpERATIONS UNDERGROUND EXPLOSION COLLAPSE HAZARD PRODUCTS/COPMLETED OPER CONTRACTUAL INDEPENDENTCONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED gUT05(Private Pass) ALL OW NED AUTOS (Other than Private Passenger) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WOR.KFRS rOMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! n PARTNERSiFJ(ECUTIVE R INCL OFFICERS ARE; + r EXCL DOES NOT APPLY DOES NOT APPLY t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. COMPANIES AFFORDING COVERAGE COMPANY A New Hampshire Insurance Company COMPANY B COMPANY C POLICY EFFECTIVE POLICY EXPIRATION DATE (MMlDDM'} DATE (MM1DD,r1fY) LIMITS .lo~rPl~ u~. Ez ITl' ORN DOES NOT APPLY DOES NOT APPLY OTHER A Professional 020398239 -~ Liability 10/22/2009 10/22/2010 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: bNt~ t~.i~;'~~~ ~((? ~.if~ Clerk of the City Coun i City of Santa Ana - 20 Civic center Plaza (M-30) PO Box 1988 Santa Ana, CA 92702 ... BODILY INJURE y~- BODILYINJURY AGG PROPERTY DAMAGE OCC PROPERTY DAMAGE AGG BI 8 PD COMBINED OCC BI 8 PD COMBINED AGG 'ERSONAL INJURY AGG f BODILY INJURY (PerAccitlent) E ERN DAMAGE S BODILY INJURY PROPERTY DAMAGE COMBINED $ EACH OCCURENCE S AGGREGATE $ S WC STATU- OTH- TORY LiMiTS ER EL EACH ACCIDENT S EL DISEASE -POLICY LIMIT $ EL DISEASE - EA EMPLOYEE § 1,000,000 each claim 1,000,000 aggregate 6 - At~3~ ~ - - . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEgVpR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE O ~ ~ ~ (, b ( LEATZOW INSURANCE _.:~,>-