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HomeMy WebLinkAboutMS + MEGT - 2017t ianfa A- C the Council At,..__.JIENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all - amendments (if any) are no longer in effect. _ Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with fi No. I 1 -7 o n - 31 ( was completed on (List all amendments. Use space below if needed.) C7-3c�1_ o I Revised: 10-18-16 S and final payment has been made. Department: G�° " yy ffS( C7 All Phone/Ext.: Signature: Date: S INSURANCE NOT ON FILE A-2017-341 WORK MAY NOT PROBED CLERK OF COUNCIL DATE: DEC 2 S 2017 AGREEMENT TO PROVIDE DESIGN SERVICES FOR Rvor 0) THE CENTER STREET URBAN GREENING- PROJECT L,, \Dcto�THTS AGREEMENT is made and entered into this 5th day of Doeember, 2017 by and hctwccn MS + MEGT ("Consultant), and Ilia City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. On June 12, 2017, the City issued Request for Proposal No. 17-Ql2, by which it sought a consultant to provide architectural design services for the Center Street Urban Greening Project. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No, 17-012 and attached as Bxhibit A, 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 contracting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms acid conditions hereinafter set forth, the parties agree as follows: 1, SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein, 2. COMPENSATION a, City agrees to pay, and Consultant agrees .to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement shall not exceed S83,110. This sum is comprised of (1) the base amount of $75,555 and (2) a 10% contingency in the amount of $7,555 for additional design analysis to be elected at the City's sole discretion. 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 and Scope of Work, which bay reasonably be expected by City. Page t of 8 3. TERM This Agreement shall commence on the date first written above and terminate on December 4, 2019, unless torminatod outlier in accordance with Section 16, below, 'The term of this Agreement may, be extended for up to two 1•year periods upon a writing executed by the City Manager and City Attorney. 4. PiDEPENDENT CONSULTANT 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 sliall 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 senvices 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 rolating to employees and shall be responsible for all applicable withholding taxes. S. 11WNE1RSRW 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 arc prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require all subconsultants to agree in writing that City is granted a non-oxclusive and perpetual license for any Documents & Data the suboonsultant 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. 6. INSURANCE Prior to undertalung performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if uny, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insurod(s) and shall include, but not be limited to protection against claims arising from. bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Page 2 of 8 Agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b, Business automobile liability insurance, or equivalent form, with acombined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance, In accordance with the California 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 commending 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. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (ctrors and omissions) insurance, with a combined single limit of not less than S 1,000,000 per claim with S2,000,000 in the aggregate. 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 by the City. (iii) Certificates and policies shall state that the policies shall not be eaneolled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant tails or refuses to produce or maintain the insurance required by this section or fails or infuses 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 affect Consultant's right to be paid for its time and materials expended prior to notification of tonnination. 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. Page 3 of 9 I.NDEMNIFICA ION Consultant agrees to defend, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, 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 agrocinent 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 casts for the defense of the City, including foes 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 Agooment. 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTCJAL PROPERTY INDEIt1NIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright 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 dute of final payment to Consultant under this Agreement. Alt 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 tinder this Agreement. t'ago 4 of 8 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 (at) 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 prescntly has no interest and shall not have interests, director indirect, which would conflict in any manner with performance of services specified under this agreement. 12. 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 maul, postage prepaid, or sent by fax or otter telegraphic communication in the manner provided in this Section, to the following persons; 1'o 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 Exeeutivc Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M•21) P.O. Box 1988 Santa Ana, CA 92702 Fax.714-647-5635 .Page 5 of 8 To Consultant: MS MEGT 305 North Coast Highway, Suite T Laguna Beach, CA 92651 Attn: Marjaneh Afldxami A party may change its address by giving notice in writing to the other patty. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or dcerned 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 asset forth above. For purposes of calculating these time frames„ weekends, federal, state, County or City holidays shall be excluded. 13, EXCLUSIVITY AND AMEND-MENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 are 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 err subcontract without the City's prior written consent shalt be considered null and void. Nothing in this Agrecmetu 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. 15, 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 he effective unless itis 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, Page 6 of 9 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days vtTitten 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 requite 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,,; use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to mcot the standard of performance specified in the.Recitals of this Agreement. 17. NOlti-DISCRIMLNATION Consultant shall not discriminate because of race, color, deed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable Iaw, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with tiny activities tinder this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcemont of any of the clauses of this Agroement shall be detotmined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue far any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONA14 LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary forthe prozrision 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. 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 terns of Pace ", of a this Agreenertt„ and Nhall indemnify City fully, including reasonable cash and attorney's %es, for tuiy injuries of datuages 1.0 City in the event that attar autha lty or power is not, in fait, held by the signatory or is withdrawn. b. All exhibits referenced hemin Lind attached licmIa sholibc incoTorated as Iffeliy set fbrth in the study o f this Agreement. IN WITNESS VAIERE017, the par(leshercto have executed this Agreetnen the date ard year first ab ve written. Clerk ofthe Council APPROVE AS TO FORNI SONIA R. CARVAL 10 City Attorney By; 1 l a I n M. f�nnit Assistant City Attorney I y Pap 8 CM OF SANTA ANA Raul Godinez II City Manager CONSULTANT ✓=rz'/ `fitiet /°RESar,�Nj— Scope of Services ,Y„ Ak 1, t -0P. `nnvht Appendix ATTAbIMENT I SCOPE OF WORK . CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CENTER STREET URBAN GREENING RFP NO.: 17-012 Introduction and Baciciround: The project is located in the central part of Santa Ana at Jerome Park. The park is bordered by Monte Vista Avenue to the north, McFadden Avenue to the south, and bisected by Center Street which runs north -south through the middle. The portion of Center Street which runs between. Jerome Community Center and Monte Vista Elementary School has been closed permanently and is where the project is to occur, This section currently separates two sets of recreational ball fields, The Scope of Work involves removal of approximately 33,000 square feet of asphalt paved street and converting the area to passive landscaped open space. The project, as represented in the concept plan and as outlined below under Consultant Responsibilities shall include the following compolwats: • Street removal and in£tll s Grading s Permeable walkway installation • Construction of rock bioswale California Friendly landscaping with drought tolerant properties s Automatic drip irrigation system s Site Amenities, including interpretive signage, benches, picnic tables, bike racks s Drainage which utilizes "Low Impact Development' concepts with goal for full site infiltration, This project is funded with State of California, Natural Resources Agency grant finding, Total Project Budget is approximately $500,000, which includes all Design and. Construction activities. City of Santa Ana RFP 17.012 Page AM Consultant Responsibilities: The Consultant's responsibilities include the following, and shall consist of the following project tasks: Consultant is responsible for providing all design and engineering as required for all components within the project scope of work. This includes, but is not limited to, survey, civil engineering, geotechnical investigation and report (for soils analysis), infiltration testing, electrical engineering. Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or Microstation format, and ,pdf format, Task 1; Pre -Design Preliminary design shall include Kick-off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues and schedule, ➢ Deliverables shall include (1) rendered concept plan. Task 2: Design Development (50%plans) Design development will involve the schematic development of plans based upon the approved conceptual design plan, which shall include architectural, landscape architectural, civil engineering, draft technical specifications and "opinion of estimated cost'. A Deliverables shall include a 50% set of plans, draft specification and "Opinion of Probable Cost'. Task 3; Construction Documents (90% and 100%plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. A Deliverables shall include 90% and 100%plans, final technical specifications, and a finalized "Opinion of Probable Cost". Plans shall include, but are not limited to the following; • Title Sheet • Civil Engineering o Site Erosion Plan 0 Horizontal and Vertical Control Plan o Grading And On -Site Drainage Plan o Erosion Control Plan • Landscape Architectural o Site Layout/Construction Plans And Details a Planting Plans/Details/Notes o lirigation Plans/Details/Calculations/Notes City of Santa Ana RFP 17-012 _ Page Al-2 Plan Check & Permits. - Construction drawings shall be submitted at 90% completion for constructability review by Public Works Design Construction Engineering Division, and revised as directed. The 100% complete construction drawing package will then be submitted for final City review to the Parks, Recreation and Community Services Agency and the Public Works Agency. Construction drawings shall be in accordance with the 2013 California Building Code and the Americans with Disabilities Act and will also require review/approval by the City Planning and Building Agency. As a condition of plan check approval, plans and specifications must be signed by a California licensed architect / landscape architect / civil engineer as appropriate. Aerial Man showing existing conditions: ---T— --City of Santa Ana RFP 17-012 _.._ _._-...._._ Page Al-3 vvomro"p rlwfm m WL6MIitPM'H N9. 6 mf..M4 wolf r$f(4*Aro8 $QJ fACE awemwt .......,.w �YortAj fh�i 4T .wurHwrtrseemn�el'�'n � i♦� Ili V CENTER STREET URBAN GREEN[NG PROJECT Removal-andGreen.irig of Center Street City of Santa Ana RFP 17-012 T Page Al-4 Exhibit B M5 +MEGT Collaborative Landscape Architecture I Urban Design I Plpnning 305 North (.bast Hwy Sumo r Laguna Beach CA 4'7.EI51. 949.375.E,23 July 17, 2017 City of Santa Ana Public Works Agency; 20 Civic Center Plaza; 3rd floor Reception, Ross Annex Santa Ana, CA 92701 Attn,: Suzi Furjanic Re: PEE PRPf7SAIL-City of Santa Ana Center Street Urban Greeoing, RFP 17-012 Dear Ms, Furjanic; MS + M3GT Collaborative (MMO Is pleased to submit this landscape Architecture ssrvlcas proposal for the above -mentioned project, We have built a reputation on our strength In working with owners, Architects and other consultants and we welcome thls opportunity to work with the City of Santa Ana In creating a high -quality project, MMC has provided the following Fee proposal including Sub -Consultant's and potential expenses. MMC reserves the right to wso other Sub -consultants upon City `s approval, should that deem necessary due to unforeseen circumstances Le. Deadline commitments due to work overload, Major changes In the company etc, A, Scope of Work The Scope of Work Involves removal of approximately y3,000 square feet of asphalt paved street and caltvartmg the area topassive landscaped open space. The project, as represented in the concept plan shall Include the following components: 1. Street removal and Infill 2, Grading 3, Permeable walkway installation 4. Construction of rock blo-swale 5. Californla Friendly landscaping wlth drought tolerant properties 6, Automatic drip irrigation system 7, Slte Amenities, Including Interpretive signage, benches, picnic tables, bike racks 3, Drainage which utilizes "Low Impact Development', concepts with goal for full site Infiltration, Task 1: Pre-Design/Schematic Design 1, ltick off meeting with the client to disc.liss the project expeLtation, to discuss scope of work, project, goals and objectives, potential elements, issues, schedule and general character of the enhancements. Pagn 1 of 4 2. Visit the site, Photograph and note the general character of the site and suitable areas for new features. 3. Prepare concept plan to Include proposed plan, Images, plant materials, hardscape elements, and Opinion of Probable cost for Iandscape, 4, Civil Eng, to prepare Survey plan, S, Present Concept plan for review and make ravlelon to the plan per review meeting for approval. Deliverables shall include (1) rendered concept plan. Task Ih Design Development 50% Plans Based upon the client approved concept Plan, prepare Design Dovoloprnent plans which shall include landscape architectural and civil engineering, to Inc Iuda the following: 1. Raviaw and Coordinate with civil engineer regarding layout, grading and drainage concepts, 2. Prepare hardscape layout design and propose paving material selection, and landscape ilghtlng. 3. Prepare major site eloments details. 4. Develop site features plan with proposed elements selections. S. Prepare planting plan with detailed plant legend. 6. Prepare Civil Eng. plans to Include: site Erosion, I ONWntal vertical control Pan, Lip/WQMP. 7. Geoteeh to commence tests, analysis and report. S. Refine opinion of probable construction cost. 5. Draft spocifleatlons Doliverablas shall include a 5C%set of plans, draft specification and "Opinion of Probable Cost' Task 11h Construction Documents (90% and 100%) Based upon the client approved design development plans and estimated construction budgets, AR shall prepare construction documents for the project, including the following; 1. Title Shoat, 2, Complete all Civil Engineering Pans (Site Erosion plan, Horl2ontal and Vertical Control plans, Grading and Drainage, LiD/WQMP, Hydrology, Specifications) 3, Complete all landscape Construction plans (hlardscape layout ad Details, Planting Plan and Details, Irrigation Plan, Details, and Calculations, Site furnishing Plan and Specs,) 4, Prepare a site furnishing plan. 5, Site 6lettrloal Plan and Calculations 6, Complete CSI format specifications 7, Final opinion of probable cost. Technical $pacification Technical specifications for all components listed above shall be provided by Consultant, or their Sub - consultants, to the City in CSI (Construction Specifications Institute) format, City Staff will combinetheso specifications with the City Boller Plate which together, will become the Project Manual, Pape 2 of 4 Pinal Opinion of Probable Cast Consultant shall provide updated opinion of pro bob Ia construction cost which shall reflect fInallzad plans, materials, systems, details of con strilmlon, and known or antlelpated changes In the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate. Plan Check ✓i< Permits; Plan process with Governmental agencies having jurlsdictlon over the project by Ctty staff per R M Construction drawings shall be submitted at 90%completion for constructabllity review by Public Works Engineering Divislon, and revised as directed, The, 10OV complete construction drawing package will then be submitted for final City review and relevant Agencies. Construction drawings shall be In accordance with the 2013 California Building Code and the Americans with Disabilities Act and will also require revlow/approval by the City Planning and Building Agency, Asa condition of plan chock approval, plans and specifications will be signed by a California licensed orchlteot / landscape architect / civil engineer, Task IVt Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for Information/clarification, or conflicts arising out of the bidding process, Consultant shall also attend pre -bid meeting, If scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for Information/clarification, and/or reviewing submittals. Record Drawings / As -built Me= Upon construction completion, consultant shall incorporate as-Isullt Information, as provided by the General Contractor, Into the drawing files to provide record drawings far City archives. B. Compensation MS+MEGT Collaborative Task Pre -Design Task II Design Development Task IIi Construction Documents Task IV Bid Advertisement, Construction Administration, Record Drawings SuMtal Civil Engineer Geotechr*al Engineer MEP Engineer SubTotal Total Page 3 of 4 $ 8,610 $12,900 $ 13,500 $ 3,930 $38,940 $1fl,000 $ 3,615 $ 6,000 $ 33,615 $72,555 Fees and reimbursable costs shall be blIlad monthly as a percentage of work comp Ioted or actual costs for additional services and relmbursables as defined herein. Reimbursable expenses are expenditures for the project made by MMC and consultants in the Interest of the project plus an administrative fee of 10%, Reimbursable expenses Include, but are not limited to, Travel expense, costs of reproduction, postage, services of professional consultants which cannot be quantified at the time of contracting, ( La, Agricultural Soils analysis, Structural Eng,j and other, similar project — related expenditures. Reimbursable expenses shall not exceed $3000 without prior approval by Client. C. Exclusions to Scope of Services and Additional Sarulaos/ i espgJril((pjgs The City will be responsible for the following items: K providing copies of available plans and existing documentation on file. K Providing standard City bollerplate specification. K Acting as a lialson with the appropriate decision making bodies, as necessary. Furnish electronic design file with City title blockand title sheet (74" x 36") k Process plans for governmental agency approvals having jurisdiction over the project. Additional Services Include but are not limited to; a) Work requested and or authorized by the Client not defined in the 'Scope of Worl(' or revisions and changes to Client approved drawings and the preparation of alternatives or change orders requested bythe Client. b) Models, special renderings, promotional photography, special printing, special equipment, special printed reports or publication, maps, and documents requested by the Client. Hourly Rates. Monlca Simpson Principal $150/hr Marjaneh Afkhomi principal $ 120/hr Designer/Drafting Associate/Staff $75.110/hr D. Jurisdiction and Termination M$+ MOT Collaborative maintains Professional Liability coverage for Its work and is licensed In the State of California under Landscape Architecture License, 0 3835, We appreciate your consideration of our firm, and we, look forward to working with you. Yours truly, Marjaneh Afkhaml, principal Page 4 of 4 COY Ors,ANTAAN� RFP17-02- Center Street wbnGreenIng IWISa�Mlfcl;aTCallraborativQ' DoWled Fee Schedule of the proposed Costs I, Pre- Design, Concept Plan Package M$ $150/hr 20 MA $170/hr 28 Staff $75/hr 30 1,246 $ 8,610,00 II, Desrgn Devdlopment-50% Ms $150/hr 24 MA $1,2,0/hr 40 Staff $.75/hr 60 .19% $. 12,900.00 I,11, Construction Document-100% MS $150/hr 14 MA $120✓hr 45 Staff P5/hr 60 19% $ 9400„00 IW.BIdAdverk'ise'nieot/Construction MS $150/hr 6 Administration/As. Built pl'ens MA; $120/4r 14 Staff $7.5/hl" 19 MS+MEOT 54% $ 38,940,00 Subconsultants and Mi,sc.. PR &. FYS dates SVD W 6,OOD A25.0C Eng. ...12p% $- 8,615 Pore.slight Englneering 26% 19,000. $ 33,615.00 LEGEND MA Msr)arehAfkhamJ W M'onica $[nr1Pw1 TOTAL $ 72,555,00 Me; 6xpenscaa 5oik:Agri:cultural, test W00,06 Repragraph1h $z0QQ.DQ A� O® CERTIFICATE OF LIABILITY INSURANCE DATE A 2IMMIDD1�) 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(tes) 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 CONTACT KIM FORSYTH NAME: StateFarin KIM FORSYTH INSURANCE AGENCY, INC IPA NE 949-366-0320 F� No : 949-366-3322 802 AVENIDA TALEGA, SUITE 106 ®� E-MAIL SS: kim@kimforsyth.com INSURE S AFFORDING COVERAGE NAIC# SAN CLEMENTE, CA 92673 INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURERB: State Farm Mutual Automobile Insurance Company 25178 MONICA SIMPSON A LANDSCAPE INSURER C : ARCHITECT CORPORATION INSURER D : 305 N COAST HWY STE T INSURER E: LAGUNA BEACH CA 92651-1681 INSURER F: COVERAGES CERTIFICATE NUMBER: RFVISIAN NIIMRFR- 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. INS LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD LIMITS A COMMERCIALGENERALLIABILITY CLAIMS -MADE M OCCUR Y 92-CO-K584-0 04/04/2017 04/04/2018 EACHOCCURRENCE S 1,000,000 PREMISES LEA Occurrence $ 300,000 MED EXP (Any One person) $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT C LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OPAGG S 2.000,000 S B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 448 6576-008-75C 09/08/2017 03/08/2018 E° COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DASMAGE per accident ---- --- $ S UMBRELLA LIAB Ul EXCESS L6 OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED I I RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA I ( PER OTH- STATUTE ER E.L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYEE S E.L. DISEASE- POLICY LIMIT S i I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) REVIEWED BY: ni EUNICE HEREDtA (PG OF ) City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ' > ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 MO Policy No. 92CDK5840 KIM FORSYTH INS AGENCY CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92CDK5840 Named Insured: MONICA SIMPSON A LANDSCAPE ARCHITECT CORPORATION 305 N COAST HWY STE T LAGUNA BEACH CA 92651-168 Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA 20 CIVIC CENTER PLZ SAN JUAN CAPO CA 92691 1. SECTION II — WHO IS AN INSURED of b. If coverage provided to the additional in - SECTION II — LIABILITY is amended to in- sured is required by a contract or agree- clude, as an additional insured, any person or ment, the insurance provided to the organization shown in the Schedule, but only additional insured will not be broader than with respect to liability for "bodily injury', "property "personal that which you are required by the contract damage", or and advertis- or agreement to provide for such addition- ing injury" caused, in whole or in part, by: al insured; and a. Ongoing Operations c. If the contract or agreement between you (1) Your acts or omissions; or and the additional insured is governed by (2) The acts or omissions of those acting California Civil Code Section 2782 or on your behalf; 2782.05, the insurance provided to the in the performance of your ongoing opera- additional insured is the lesser of that which: tions for that additional insured; or b. Products — Completed Operations (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali - "Your work" performed for that additional fornia Civil Code Section 2782 or insured and included in the "products- 2782.05 for your sole liability; or completed operations hazard". (2) You are required by contract or However, Paragraph 1. above is subject to the agreement to provide for such addi- following: tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this endorsement un- ted by law; til a claim or "suit" is tendered to us. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED REVIEWED BY: EUNICE HEREDIA (PG -;OF �j ) CMP-4786.1 Page 2 of 2 2. Any insurance provided to the additional in- (3) The nature and location of any injury sured shall only apply with respect to a claim or damage arising out of the 'occur - made or a "suit" brought for damages for rence" or offense; which you are provided coverage. b. Tender the defense and indemnity of any 3. With respect to the insurance afforded to the claim or "suit' to us and to all other insur- additional insured, the following is added to ers who may have insurance potentially SECTION II — LIMITS OF INSURANCE: available to the additional insured; and If coverage provided to the additional insured c. Agree to make available any other insur- is required by contract or agreement, the most ance the additional insured has for de - we will pay on behalf of the additional insured fense or damages for which we would will be the lesser of the amount of insurance: provide coverage under SECTION 11 — a. Required by the contract or agreement; or LIABILITY. b. Available under the applicable Limits Of 5. With respect to the insurance afforded the ad - Insurance shown in the Declarations. ditional insured, the following replaces SEC- TION 11 —LIABILITY of Paragraph 7. Other This endorsement shall not increase the ap- Insurance of SECTION I AND SECTION 11 — plicable Limits Of Insurance shown in the COMMON POLICY CONDITIONS: Declarations. a. This insurance is primary to and will not 4. With respect to the insurance afforded to the seek contribution from any other insurance additional insured, the following is added to available to the additional insured, provided Paragraph 3. Duties In The Event Of Occur- that the additional insured is a named in- rence, Offense, Claim Or Suit of SECTION sured under such other insurance. II — GENERAL CONDITIONS: b. Regardless of any agreement between The additional insured must: you and the additional insured, this insur- ance is excess over any other insurance a. See to it that we are notified as soon as whether primary, excess, contingent or on practicable of an "occurrence" or an of- any other basis for which the additional in- fense which may result in a claim. To the sured has been added as an additional in - extent possible, notice should include: sured on other policies. (1) How, when and where the 'occur- There will be no refund of premium in the event rence" or offense took place; this endorsement is cancelled. (2) The names and addresses of any in- jured persons and witnesses; and All other policy provisions apply. CMP-4786.1 1007033 148011 08-21-2014 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. REVIEWED BY: EUNICE HEREDIA (PG3 OF5 ) City of Santa Ana CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. Executed on this 14th Day of December, 2017, at Laguna Beach, California Ate Monica L Simpson, Owner Monica Simpson A landscape Architect Corporation/DBA MS MEGT REVIEWED BY: EUNICE HEREDIA (PG OF ) ?Jj n.17 C , State Farm Specialty Products CERTIFICATE OF INSURANCE ISSUE DATE: February 26 2018 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF Kim Forsyth INFORMATION ONLY AND CONFERS NO RIGHTS UPON KIMBERLY FORSYTH STATE FARM AGENCY THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 802 Avenida Talega Ste 106 NOT AMEND, EXTEND OR ALTER THE COVERAGE, San Clemente, CA 92673-6534 TERMS, EXCLUSIONS AND CONDITIONS AFFORDED BY Producer Code #: 750451 THE POLICIES BELOW. Producer Fax #.: (949) 366-3322 INSURER AFFORDING COVERAGE State Farm Fire and Casualty Company Named Insured BLOOMINGTON, IL MONICA SIMPSON ASLA DBA: MS + MEGT COLLABORATIVE 305 North Coast Highway, Suite T Laguna Beach, CA 92651 COVERAGES 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 POLICY(IES) DESCRIBED HEREIN IS SUBJECT TO ALL THE COVERAGE, TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE PS0000004294605 April 4, 2017 April 4, 2018 TYPE OF INSURANCE LIMIT OF LIABILITY Architects and Engineers Professional Liability Insurance $2,000,000 - Limit of Liability Each Claim Policy $2,000,000 - Total Limit of Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE City of Santa Ana ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 20 Civic Center Plaza WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Santa Ana, CA 92701 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT IVE REVIEWED BY: EUNICE HEREDIA (PG 6 F5 ) CERT(Rev4) (08/11) ACCO m CERTIFICATE 4F LIABILITY INSURANCE Fa" t,,1ztoft8 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 INSURERS), 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 c9ndiborm of the policy, certain policies may require an endorsemeaL A va'tement on this certificate does not confer rights to the certificate holder in lieu of such endorsemont(s). PRODUCER St.teh-= KIM FORSYTH INSURANCE AGENCY, INC. $02 AVENIDA TALEGA, SUITE 106 SAN CLEMENTE, CA 92673 LN$URED MONICA SIMPSON A LANDSCAPE ARCHITECT CORPORATION 305 N COAST HWY STE T LAGUNA BEACH CA-1651-1681 949-356.0320 Idm oold(womyth.com INSURER A: State Farm Fire'and Casualty Company INSURER i - State FArm A OAI Automobile Insurance Cam INSURER Ee-- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 949-36&3322 26179 s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT%AfMSTANDING ANY REQUIREMENT, TERA1 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VM'H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFMDED BY THE POLICIES DESCRIBED HEREIN IS SU13JE-CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LRAITS SHOWN IUTAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N5R , --,__-TYPEOF{NSURANCE �'--� ( N att 0D/YEFF Y l L1CYEXP LIMITS COMMERCIAL GENERAL. LIAel MY f CLAIMSA1PAE OCCUR 1 EACH OCCURRENCE Cr�4 Z:Ert0RE:� '��- S 1,000.000 ' , MED ExP µm arm parsm) S 5,000 — pF.RSONAL4,AWINJUR1r s I'DwAw A Y 92-CD-K584-0 ()41047015 04104l2019 GEAMA^w.OFMCATELIMIT APPLIESPER VOUCY Qipe%El LOC GENERAL AGW4ATE 5 ZDDDA FRODUCM-COW"WAGG 5 Z000=1 S OTHEk AUTOMGBIALIMILrTY - 44"57S-008•i5C 09;031V18 r�3,0,812}19 o ;ram _L — s 1,000,WD ANY AUTO f aOpILY IkJIAtY Lhar Pasm+1 S B AAJTOOWNED SCHEDULED AUTOS ONLY ppUT N HIRED NONI7NNED AUTO$ONLY AUTCS ONLY 800ILY INJLRY IPeraa 09M r pRAPERIY 5w.1AGE S S UMYRELLALMt6 O=F, ETCH OCCURRENCE S S BxCESS L1TRfi CLAIMS-%%A..r DED I R_,DMONS AGGREGATE VIORNFRS COMPENSAUM AND 91SP.OY07 UA5%JJy Y1 R ANY otG*rLTLTC,A,?ARTN,;h :XCMTW- CFFICERVEMBTRM-LU EM NIA A . EL HI SCQ7ENr .. -. g S _. 1 $ IMWntlsbory bft NMi ar 11 yet. desvibau+!D DESCRIPTI4N CF UPERA71pALS b4aw E L D6EASE. EA EMPLOYE _.z F.L DLSEASE- POLICY LILUT OESCRr-T1ON OF OPFRATIONS t LOCATIONS 1 VENICLES (ACOM 101, Additicr,al :temarka Schedule, nay Lx at=.ichad i!.M m xpaca is moy"d) ) REVIEWED BY: EUNICE HEREDIA (PG ' OFZ/ lei vm i trig-m i r, n�jwctc CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 927U1 SHOULD ANY OF THE ABOVE MOROW POLICIES 9E CANCELLED BEFORE THE EXPIRATION LATE THEREOF, NOTICE WILL BE DIELIIVERED IN ACCOROANCE WITH THE POLICY PROVISIONS. UTMoRM NEPRFS€NTATIVE 0198$-2019 ACORB CORPORATION. All rirrhtc ea= ACORD 25 (2016103) Tna ACORN flame and logo are registered maAs of ACORD 10014M 122B4912 C`a�IB,'Atilt StateFarm i_ State Farm Specialty Products CERTIFICATE OF INSURANCE ISSUE DATE- Mav 10 9012 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF Kim Forsyth INFORMATION ONLY AND CONFERS NO RIGHTS UPON KIMBERLY FORSYTH STATE FARM AGENCY THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 802 Avenida Talega Ste 106 NOT AMEND, EXTEND OR ALTER THE COVERAGE, San Clemente, CA 92673-6534 TERMS, EXCLUSIONS AND CONDITIONS AFFORDED BY Producer Code #: 750451 THE POLICIES BELOW. Producer Fax #.: (949) 366-3322 INSURER AFFORDING COVERAGE State Farm Fire and Casualty Company Named Insured BLOOMINGTON, IL MONICA SIMPSON ASLA DBA: MS + MEGT COLLABORATIVE 305 North Coast Highway, Suite T Laguna Beach, CA 92651 COVERAGES 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 POLICY(IES) DESCRIBED HEREIN IS SUBJECT TO ALL THE COVERAGE, TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE PS0000004294606 April 4, 2018 April 4, 2019 TYPE OF INSURANCE LIMIT OF LIABILITY Architects and Engineers Professional Liability Insurance $1,000,000 - Limit of Liability Each Claim Policy $1,000,000 - Total Limit of Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE City of Santa Ana ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 20 Civic Center Plaza WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Santa Ana, CA 92701 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. -------------------- AUTHORIZED REPRESEN IVE CERT(Rev4) (08/11) REVIEWED BY: EUNICE HEREDIA (PG OF ) ENDORSEMENT Issued to: MONICA SIMPSON ASLA DBA: MS + MEGT COLLABORATIVE Policy Number: PS0000004294606 Endorsement number: (applicable when the endorsement is not issued with the Policy or takes effect after the effective date of the Policy) ADDITIONAL LIMIT ENDORSEMENT FOR SPECIFIC PROJECT You and We agree: Item 4. of the Declarations is amended to add the following additional Limit of Liability solely as to the Specified Project listed below: Specific Additional Limit of Liability (inclusive of Defense Costs) C. $ 1,000,000 Each Claim d. $ 1,000,000 Total Limit of Liability This Specific Additional Limit of Liability shall be in addition to the Limit of Liability stated in Item 4.a. and b. of the Declarations and shall apply first to Damages and Defense Costs combined for Claims made during the Policy Period arising out of a Wrongful Act in performing Professional Services for the Specified Project listed below. Damages and Defense Costs for Claims arising from Professional Services for the Specified Project shall not erode the Limit of Liability stated in Item 4.a. and b. of the Declarations until after the applicable Limit of Liability of the Specific Additional Limits of Liability has been exhausted. Part 5.E.1., Limit of Liability, shall remain unchanged. Specified Project: City of Santa Ana — Center Street Urban Greening All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Policy and takes effect on the effective date indicated below. Effective date of this endorsement: April 4, 2018 If this endorsement is issued as part of the Policy on the Effective Date shown in the Declarations Page, then the countersignature on the Declarations Page also applies to this endorsement. If this endorsement is not issued with the Policy or takes effect after the Effective Date of the Policy, an Authorized Representative of the Insurer must countersign in the space below to validate the endorsement. By:� tJ Authorized Representativ PSAE7016 (08/02) REVIEWED BY: EUNICE HEREDIA (P2& OF �) I state Farm Ak 92-CD-K584-0 031263 CMP-4786.1 1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOVVNERS COVERAGE FORM SCHEDULE Policy Number: 92-CD-K584-0 Named Insured: MONICA SIMPSON A LANDSCAPE ARCHITECT CORPORATION 305 N COAST HWY STE T LAGUNA BEACH CA 92651-1681 Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA C/O LOPEZ, LETICIA ATTN PUBLIC WORKS AGENCY ATTN DESIGN M-36 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 1. SECTION II — WHO IS AN INSURED of SECTION II — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products — Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by I aw; b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. 1 ®, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED Af REVIEWED BY: EUNICE HEREDIA (pGq OF ) 92-CD-KS84-0 031263 M 31258 CMP-4786.1 Page 2 of 2 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II — LIMITS OF INSURANCE: If coverage. provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the arnount of insurance: a. Required by the. contractor agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Maim Or Suit of SECTION 11— GENERAL CONDITIONS: The additional insured must: a. See to it that we are noted as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (3) The nature and location of any injury or damage arising out of the "Occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available;qny, other insur- ance the additional insured,4a' s for de- fense or damages for which we would provide coverage under SECTION 11 — LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION 11 —LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. (2) The names and addresses of any in- jured persons and witnesses; and All other policy provisions apply. CMP-4786.1 ©, Copyright State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office; Inc., with its permission REVIEWED BY: EUNICE HEREDIA (PG OF