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HomeMy WebLinkAbout2004 CON CDC Estrada Land Planning - 1st Amendment Highland Ave.FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND ESTRADA LAND PLANNING OR/67NgC THIS FIRST AMENDMENT TO AGREEMENT is entered into this 7th day of December 2004 by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, (the "CDC"), and ESTRADA LAND PLANNING, (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide design services for the preparation of construction documents for medians on Highland Avenue, as more specifically described in Exhibit "A", which Exhibit "A" is incorporated herein by reference, and WHEREAS, the CDC has determined that the CONTRACTOR is a company qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A", as and when requested by the CDC. The CONTRACTOR shall he responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings as required and requested to keep staff and the CDC Board advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Robert Paz hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Steve Estrada is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $398,370 without prior written authorization from the CDC. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. This Agreement shall terminate December 31, 2005. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CDC and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's Page 2 Revised 5/99 written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CDC and is not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may he assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the CDC. Page 3 Revised 5/99 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CDC expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. R. The CONTRACTOR warrants to the CDC that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter Page 4 Revised 5/99 rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall he liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the CDC, the City of National City, and their officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. This indemnity is not intended to act as a guarantee or warranty of the success of any legal service provided hereunder, which service will be provided to the level of expertise identified in Section 11, above. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CDC and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of, $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. Page 5 Revised 5/99 C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' Compensation Insurance covering all of its employees and volunteers. F.. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. The Comprehension General liability and Automobile insurance policies shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. II. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall he written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager, if such products arc readily available. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, he limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. Page 6 Revised 5/99 The costs of mediation shall be borne equally by the panics. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. I). In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall he in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company Page 7 Revised 5/99 with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Benjamin Martinez, Executive Director Community Development Commission of the City of National City 140 East 12th Street, Suite B National City, CA 91950-3312 To the CONTRACTOR: Steve Estrada Estrada Land Planning 755 Broadway Circle Suite 300 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must he confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. Page 8 Revised S/99 The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. II. Applicable Law. This Agreement shall he governed by and construed in accordance with the laws of the State of California. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Page 9 Revised 5!99 IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: ATTEST By: Benjamin Martinez Executive Director, CDC APPROVED AS TO FORM: 7IL George H. Eiser, III Legal Counsel By: ESTRADA LAND PLANNING Stew strada, Project Director anaging Partner Page 10 Revised 5/99 Estrada Land Planning CoMPuteriolaing 7SS Cxck Suite )30 PROPOSAUAGREEMENT FOR PROFESSIONAL SERVICES DATE: September 1, 2004 (Revised December 3, 2004) TO: Mr. Ben Martinez Assistant Director Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, CA 91950 PROJECT: HIGHLAND AVENUE STREETSCAPE IMPROVEMENTS - PHASE II - MEDIANS PROPOSAL NO. 990558 Between ESTRADA LAND PLANNING, INC. (hereinafter referred to as Consultant) and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (hereinafter referred to as Client). A. PROJECT DESCRIPTION The scope of the project is to provide Geotechnical, Civil, Electrical, Traffic Engineering and Landscape Architectural services for the design and preparation of construction documents for the Highland Avenue Streetscape Improvements — Phase II — Medians Project. The construction documents shall be prepared for City review, and, ultimately for bid by contractors. The project services will specifically include site investigation and sub -surface analysis of existing paving, design and documentation for new medians from 7th Street to 24th Street. Generally, the median improvements will include curbing layout, median refuge island pavings, maintenance strip design and detailing, electrical systems circuits for future holiday lighting, landscape trees and plantings, irrigation systems, crosswalk striping, and striping and signage. B. SCOPE OF SERVICES The Consultant will prepare preliminary plans, final plans, technical specifications, and opinions of probable construction costs (as described below) for submittal to the City of National City. All plans will be prepared in compliance with City of National City Engineering Department standards. The Consultant Team scope includes: GEOTECHNICAL ENGINEERING (Geocon, Inc.) The Consultant will retain the services of a Geotechnical Engineer to provide geotechnical investigative services of the existing site conditions in preparation for the anticipated site work. Detailed services will include: 1. Review published geologic maps and other literature pertaining to the site and adjacent areas to aid in evaluating geologic hazards that may be present. 2. Prepare a preliminary map depicting proposed boring locations and ingress and egress to and through the property. This map will be provided for submittal to the City of National City for their Proposal #990558 EXHIBIT "A" Mr. Ben Martinez December 3, 2004 Page 2 review and approval and/or issuance of a permit allowing for the geotechnical investigation to be conducted. 3. Obtain a traffic control permit from the City of National City. 4. Schedule through Underground Service Alert of Southern California a dig alert meeting with underground utility companies so they can identify and mark the locations of their underground utilities. 5. Excavate 8 to 10 small -diameter borings to depths of approximately 5 feet to examine and sample the prevailing soil conditions encountered. For the purpose of this report we have assumed two days would be required to perform the fieldwork because of the need to set-up and move traffic control between boring locations. We have also included in this proposal $500 to perform concrete coring should concrete be encountered at boring locations. 6. Perform laboratory tests on selected soil samples to evaluate in situ density, compaction characteristics, expansion and soluble sulfate characteristics of the prevailing soil conditions encountered. An R-Value would be performed for pavement analysis. 7. Provide excavations of existing soil for'growability' testing. The excavations shall be turned over to the Landscape Architect for processing through local soil testing laboratories. Seven (7) separate soil samples shall be taken for analysis. 8. Proparaa-written-report-presenting-our dings and-our-ceflelusionsand-4ecerr'raendationsfegarding- the Geotechnical aspects of construction for the median improvements as presently proposed. Recommended grading specifications, excavation characteristics, remedial grading measures (if required), and concrete and pavement structural sections would be included in the report. LANDSCAPE ARCHITECTURE / Prime Consultant (Estrada Land Planning, Inc.) The Consultant shall provide landscape architectural and sub -consultant project management services to the Client, including: 1. Prime consultant project management services, including sub -consultant contract management and coordination, 2. Coordinate demolition annotations with Civil Engineers, 3. Prepare title sheet giving the project description, area, limits, layout of sheets, consultant contact information, City contact information, submittal description, etc., 4. Prepare median paving improvements plans, including refuge island pavings, maintenance paving strips at back of curbs, landscape curbing, expansion and control joint locations. Plans will be provided at a 1 "=10'-0" scale to clearly depict the median pedestrian crosswalk improvements. 5. Prepare construction details giving detailed Installation information for all elements listed in #4 above, drawn to scale to appropriately convey the information, 6. Provide horizontal control layout for median pedestrian paving areas only (back of curb to back of curb) with Civil Engineer's drawings. 7. Prepare planting plans and details, indicating the locations, sizes, and quantities of plant materials, legend and schedule of materials, with botanical and common names, and special requirements, 8. Prepare irrigation plans and details, indicating diagrammatic location, type, and sizes, of all proposed irrigation materials, including water meter and point of connection locations, electrical supply for irrigation controller equipment, spray head locations, piping, legend and schedule of materials, 9. Submittals: Consultant team shall provide a 100%, and final submittal to the City Engineering Department for review. The Consultant team will also produce a 90% drawing coordination review submittal, to be coordinated between consultants only. Proposal #990558 Mr. Ben Martinez December 3, 2004 Page 3 10. Specifications: Consultant shall provide 'Greenbook' formatted technical specifications compliant with the City of National City standards and requirements, 11. Statements of opinion of probable construction costs: Consultant will provide probable cost estimates for the site improvements indicated on the plans, 12. Provide construction administration services: bid assistance, bid reviews, submittal reviews, answering questions regarding design intent via telephone conferences and clarifying sketches, up to twenty (20) site visits including: pre -bid meeting, pre -pre -construction meeting, pre -construction meeting, paving mock-up reviews, fine grading review, concrete formwork placement, irrigation pressure test/soil preparation review, Irrigation coverage test/plant material review, pre -maintenance review, and maintenance completion/final walkthrough, prior to turn over of project to City staff; and as -built drawings, 13. Attend meetings: Consultant will conduct up to six (6) design team meetings to coordinate work, discuss project related issues, discuss Client questions and concerns, submittal review comments, distribute updated base information, etc. CIVIL ENGINEERING (Nasland Engineering) The Consultant will retain the services of a civil engineer to provide engineering construction documentation for the anticipated site work, including surveying, base map development, street improvement plans, estimates, specifications, plan check comment responses, construction observation, construction staking, and record 'as -built' drawings. Detailed services will include: 1. Base Map Surveying a. Field Surveying: Nasland Engineering will perform cross sections at 25' intervals along the project site for the purposes of final design. Approximately 5,600 linear feet of the project will be surveyed. b. Base Map Preparation: The survey data will be combined with the existing utility data to prepare a base map, which will be utilized as a base map for design purposes. 2. Centerline Survey: Nasland Engineering will perform a centerline survey on Highland Avenue from 7°i Street to 24°i Street to tie in existing monumentation to NAD 83 control. Existing mapping will be researched and the boundary and street centerline calculated, from which the design will be based. 3. Construction Documents: Nasland Engineering will prepare construction documents to be submitted at 100% and final completion and processed with the City of National City. The final construction documents will include the following: a. Street Improvement Plans: Street improvements plans and profiles will be prepared at a 1" = 20' scale in accordance with the City of National City requirements. Plans will indicate curbed medians, striping and signage. All storm drain, sewer, and water relocations are not anticipated and are therefore excluded. b. Opinions of Probable Cost: Final civil quantities shall be calculated and an estimate of probable cost shall be prepared. Bid forms shall be based on the cost estimates. 4. Specifications: Nasland Engineering will provide technical specifications including special construction requirements in addition to the normal material -related Items. Format shall be 'Greenbook'. Testing requirements shall be established and Included in the specifications. 5. Meetings: During the course of preparation of the plans, specifications and estimates, Nasland Engineering will attend a maximum of 6 (six) design team meetings. 6. Plan Checks, Coordination and Processing: Consultant will respond to plan and specifications comments from design team, various City departments and utility companies by modifying plans, Proposal#990558 Mr. Ben Martinez December 3, 2004 Page 4 specifications and special provisions as appropriate and as directed by the City and the client. 7. Bidding: Consultant shall provide bid assistance as required by the client 8. Construction Administration: Consultant shall review appropriate RFIs, and submittals. When required by the client, consultant shall observe the construction of the improvements for general conformance and intent of contract documents, attend project status meeting and advise the client regarding conformity and progress. 9. Record `As -Built" Drawings: Nasland Engineering will prepare Record Drawings of civil plans after improvements have been completed. Contractor redlines will be the basis of the Record Drawings. Nasland will perform a visual walk-through of the project and note changes. Surveying of new improvements will not be included. After the Record Drawings have been approved by the City Engineer, Nasland will supply Record Drawing mylars, and one (1) set of specifications on diskettes to the City. 10. Construction Staking: Nasland Engineering will provide construction stakes to the general contractor for work in the project area. 80 hours of field time and 30 hours of office time are assumed for this task. Nasland will provide survey calculations for the landscape medians and one set of stakes/control for the following -items. 1. Landscape median saw cut line at 50-foot on -center and at critical horizontal locations. 2. Landscape median curb line at 50-foot on -center and at critical horizontal and vertical locations. Staking for landscaping, irrigation or electrical control boxes is not included in construction staking services. Nasland Exclusions: The following Items are specifically excluded from Nasland's scope of work: Water quality technical reports, structural engineering, geotechnical engineering, shoring, permit fees, environment studies, construction inspection, traffic engineering and traffic signal design, dry utility designs, sewer, drainage or water lift stations, fire protection systems, erosion control plan/SWPPP, utility relocations, demolition plans, mid -block crosswalk design. ELECTRICAL ENGINEERING SERVICES (MacDonald Engineers Inc.) The Consultant will retain the services of MacDonald Engineers Inc. to provide electrical construction documentation for the anticipated electrical site work. Detailed services will include: 1. Utility coordination with SDG&E as required, 2. Prepare electrical plan and detail drawings, indicating new electric service to specific locations for future holiday lighting systems and irrigation controllers. Modifications to existing electrical systems to establish points of connection for new systems. Lighting system requirements shall be provided by the City for system design development, including loads to be served, how far apart, how to be connected (plug-in or permanent connection) etc., 3. Prepare electrical specifications by reference to the Greenbook, with special provisions as required, (or City standard details, to be provided by City) 4. Statements of probable cost of electrical construction, 5. Plan check corrections, 6. Construction Administration, including shop drawing and material submittal reviews, (3) construction site visits to observe the installation of the electrical systems, Proposal #990558 Mr. Ben Martinez December 3, 2004 Page 5 7. As -built plans documenting the constructed electrical systems, 8. Attend a total of (1) design team meeting, at the request of the Client. TRAFFIC & ELECTRICAL ENGINEERING (Katz Okitsu & Associates) Katz, Okitsu & Associates will be retained as the project traffic and electrical engineer to provide traffic engineering design services, which will include the following: 1. Analysis of traffic circulation impacts that are a result of the proposed median, including impacts to the side streets along Highland Avenue, 2. An operational analysis of the traffic signals within the project limits, 3. Traffic signal analyses will include estimated queuing results for each of the intersection 4. Deliverable: Provide (1) copy, in 8-1/2"x11" format, a written summary of all analysis information listed above. SCHEDULE OF SERVICES TASK- t = PROJECT STARTUN Upon the authorized direction to proceed, the Consultant shall begin the Construction Documentation Phase of work, initiated by a kick-off meeting and beginning the preliminary field investigation work. The project start- up phase will include: 1. Kick-off Meeting: The Prime Consultant will conduct a design team meeting to begin the project and to discuss, with the Client, the approved master plan and phase I limits of work, the proposed site improvements, project schedule, development of base information, project coordination, deliverables, and any other issues that apply to the project. The Client and design team shall receive one copy of the kick-off meeting minutes in 8-1/2"x11" format or digital copy and updated project schedule. 2. Begin Geotechnical Survey of existing soil conditions, producing a technical report from which all new paving design shall be based upon. Fieldwork shall be performed after an issuance of a traffic control permit. Fieldwork shall begin immediately upon authorization to proceed with the project. 3. Agricultural soils testing to check the suitability of soils for sustaining landscaping, estimating the required measures for possibly amending in place. 4. Base information for the project will be distributed as available to the design team. 5. Field investigations by consultant team shall take place immediately to understand all existing conditions for the phase I project area. All existing site condition information shall be used in producing and documenting the new site improvements. 6. Field Surveying will be performed, providing cross sections at 25' intervals along the project site for the purposes of final design. Approximately 5,600 linear feet of the project will be surveyed. 7. Base map preparation: the survey data will be combined with the existing utility data to prepare a base map, which will be utilized as a base map for design purposes. 8. A centerline survey will be performed on Highland Avenue from 711' Street to 24th Street to tie in existing monumentation to NAD 83 control. Existing mapping will be researched and the street centerline calculated, from which the design will be based. 9. Electrical system site inventory and investigation to identify all potential points of connection and existing electrical service points. 10. Traffic analysis studies report. Proposal#990558 Mr. Ben Martinez December 3, 2004 Page 6 TASK 2 - PROGRESS DRAWINGS COORDINATION SUBMITTAL (90% SUBMITTAL) Upon the authorized direction to proceed, the Consultant shall begin the Construction Documentation phase of work. The preliminary plan submittal will consist of preliminary drawings, in accordance with the City of National City Engineering Department standards, and San Diego Regional Standard Drawings. This submittal will be reviewed by the Consultant team, for coordinating work between the design team only. The consultant will provide construction documents, including the following: 1. Title Sheet 2. Median Improvement Plans — vertical and horizontal control and surface grading and drainage (for curbs and compacted backfill only) 3. Striping and Signage Plans 4. Median Landscape Improvements & Paving Plans and Details 5. Irrigation Plans and Details 6. Planting Plans and Details 7. Electrical Plans In addition to the construction documents, the consultant team will provide the following: 8. Specifications: The Consultant will prepare technical specifications for special provisions in book form based on the City of National City standards in "Greenbook" format for the 90% submittals. 9. Opinion of Probable Construction Costs: The Consultant will estimate quantities and construction costs for the purpose of evaluating bids for the above construction plan documents for each submittal. 10. Meetings: During the course of preparation of the construction documents, specifications and opinion of probable construction costs, the Consultant will attend a maximum of two (2) two-hour project status meetings, held at the request of the Client. TASK 3 - CONSTRUCTION DOCUMENTS (100% SUBMITTAL) The Consultant shall provide a 100% submittal to the City of National City Engineering Department and Community Development Commission for review. The consultant will provide construction documents, including the following: 1. Title Sheet 2. Median Improvement Plans — vertical and horizontal control and surface grading and drainage (for curbs and compacted backfill only) 3. Striping and Signage Plan - 4. Median Landscape Improvements & Paving Plans and Details 5. Irrigation Plans and Details 6. Planting Plans and Details 7. Electrical Plans In addition to the construction documents, the consultant team will provide the following: 8. Specifications: The Consultant Team will prepare specifications for special provisions, in book form, based on the San Diego Regional Standard Drawings and Parts 2 and 3 of the Standard Specifications for Public Works Construction ("Greenbook") 2000 edition, and subsequent updates, for attachment to City of San Diego contract documents booklet. Proposal #990558 Mr. Ben Martinez December 3, 2004 Page 7 9. Opinions of probable construction costs: The Consultant Team will estimate quantities and construction costs for the purpose of verifying the project is within budget for the above construction documents. 10. Meetings: During the course of preparation of the construction documents, specifications and opinion of probable construction costs, a maximum of two (2) two-hour Prime Consultant/Client meetings may be held at the request of the Client. 11. Deliverables: Consultant shall deliver to the Client five (5) bond plan sets (full-size) of the construction documents, opinions of probable construction costs, and specifications in 8-1/2"x11" format. TASK 4 - CITY PROJECT APPROVAL AND FINAL PLANS (FINAL SUBMITTAL) Upon the receipt of the 100% submittal review comments, the Consultant Team shall Incorporate any revisions and prepare and submit final plan mylars, specifications for special provisions sections, and opinion of probable construction costs to the Client. These documents shall be assembled by the City for the final project construction booklet. Services will include the following: 1. Revisions to he-construetion-documents-will-be-prepared to-the-satisfaction-ef-the- ity of National City based on comments to the 100% submittal. 2. Comment responses to the 100% review submittal shall be addressed and included with this submittal for review/record. 3. Meetings: During the course of preparation of the construction documents, specifications and opinion of probable construction costs, a maximum of one (1) two-hour Consultant/Client meeting may be held at the request of City staff. Meetings, communication, completion of plan check submittal form (form provided by Project Manager), and correspondence with various City Officials and Departments will be provided as necessary to obtain plan approval and construction permit. 4. Deliverables: The Consultant shall deliver to the Client one (1) final mylar plan set of the construction documents, and one (1) copy of the opinions of probable construction costs and specifications in 8- 1/2"x11" format. The Consultant Team shall also provide a digital copy of final plan documents to the City Project Manager. TASK 5 - CONSTRUCTION ADMINISTRATION SERVICES Construction Observation Services: The Consultant Team will assist the Client/Owner's Representative during the construction phase of the project. The scope will generally include the following: 1. Bid Assistance: Landscape and Civil consultants shall provide bid assistance as required. 2. Review contractor submittals for amendments or approval, submittals reviews as outlined in each Consultant's schedule of services listed above. 3. Assist in clarification of design interpretation issues raised by the contractor, the Client/Owner's Representative and/or Resident Engineer and assist the City in preparing addenda and change orders as outlined in each Consultant's schedule of services listed above. 4. Observe the construction for general conformance and intent of contract documents and advise the City of conformity and progress. These services will include attendance at construction meetings at site, number of site visits based on each sub -consultants scope of work as listed above. 5. Prepare a letter of substantial conformance/completion upon completion of the pre -maintenance period walkthrough. Proposal #990558 Mr. Ben Martinez December 3, 2004 Page 8 6. Prepare as -built drawings based on the field records and information provided by installers and reviewed by the City. As-builts will be submitted to the City for approval. 7. Construction Staking: Nasland Engineering will provide construction staking to the general contractor for work in the project area. 80 hours of field time and 30 hours of office time are assumed for this task. FUTURE ADDITIONS Estrada Land Planning can also provide the following services for additional fees to be estimated at time of request: • Modification of subsurface drainage, connections to storm drains • Utility relocation plans • Planting or improvements beyond the project boundaries • Parking lot inventory and layout revision studies, plans, recommendations, reports, or drawings. • Plans for reclaimed water use • Water management plan • Erosion control / SWPPP plans • Gateway design and directions signage • Mid -median or mid -block crosswalk or enhanced pavings design, striping or layout • Signal modification and lighting • Storm drain, sewer, and water relocations • Surveying of new improvements • Staking for landscape irrigation or electrical control boxes • Changes to the design concept after commencement of construction document phase • Changes to the construction documents as a result of design changes to the approved landscape concept design, General Development Plan, or Master Plan • Changes to the construction documents due to changes to applicable codes, laws and regulations after the execution of this agreement • Phasing of construction drawings requiring multiple plan submittals in addition to those listed above • Plan submittals in addition to those listed above • Bid forms and documents, excluding plans and specifications • Site observations in addition to those listed above • Selection of plant material at nursery • Obtaining any necessary permits, with the exception of traffic control permit • Cost of permits and fees • Computer simulations • Colored presentation drawings • Title reports • Environmental reports • Plant establishment monitoring • Processing submittals through the governing agencies • Obtaining approvals from governing agencies • Coordination meetings in addition to those listed above • Meetings and/or presentations in addition to those listed above Proposal #990558 Mr. Ben Martinez December 3, 2004 Page 9 • Changes required to the documents due to revisions in the grading or improvement plans • Converting non-Autocad formats to Autocad format • Deliverables in addition to those listed above C. SCHEDULE OF SERVICES The anticipated start date is December 13, 2004, or sooner, with a completion date no later than August 31, 2005. If project is delayed, postponed or extended, Estrada Land Planning will be pleased to provide a new timetable and fee schedule applicable to the time and services resulting from changes in schedule. D. FEE AND PAYMENT SCHEDULE Task 1: Base Map Survey/Boundary Survey $ 60,248 Task 2: Construction Documents (100% Submittal) $ 230,545 Task 3: Construction uocuments (Fins► Submittal) $ 43,z12 Task 4Construction Administration $ 64,365 TOTAL LUMP SUM FEE $398,370 Fees will be billed incrementally as work progresses. E. ADDITIONAL SERVICES AND HOURLY FEE SCHEDULE Any additional services which may be requested by the Client or required due to changes in the project scope which are outside the control of the Consultant, may be requested on an hourly basis or negotiated for a lump sum fee. Following is our current hourly fee schedule. Our hourly rates are subject to change at any time with 30 days notice and will require your approval to continue services. Principal $200.00 Associate Land Planner/Landscape Architect 115.00 Land Planner/Landscape Designer 90.00 Draftsperson 65.00 Clerical 45.00 Hourly fees shall apply to travel time. Client authorized consultants may be subcontracted to the Consultant with their fees charged to the Client at cost plus 15%. Proposal #990558 -4.. Mr. Ben Martinez December 3, 2004 Page 10 F. CLIENT PROVIDED INFORMATION 1. Information regarding the project site including, but not limited to: topography, property lines, easements, utilities, restrictions, encroachments, zoning, structures, vegetation and surveys. 2. Special requirements of the project, not covered in governing agency policies and ordinances. 3. Construction budget, if applicable. 4. Any information which may affect the Consultant's services during the life of the Agreement. 5. Specification Format. 6. Preferred plan sheet layout. G. DELIVERABLE COSTS/REIMBURSABLE EXPENSES Cost of deliverables, other than those specifically included in the scope of services, will be charged at 15% if issued from Consultant's office. 1. Reproductions, plots, and photographic printing costs. 2. Delivery, shipping and mailing costs. 3. Travel, telephone and electronic communications costs. Maps and other-desument-aequisitien-oestc. 5. Client authorized consultants. 6. Expense of overtime services requiring higher than regular rates if authorized in advance by the Client. H. EXECUTION OF AGREEMENT Please sign below to indicate your approval. relationship with you and your team. Approved and accepted in accordance with the Consultant: Mr. Steve Estrada Estrada Land Planning, Inc. California Licensed Landscape Architect #1685 A California Corporation 755 Broadway Circle, Suite 300 San Diego, CA 92101 Client: Mr. Ben Martinez Assistant Director Community Development Commission of the City of National City 140 E. 12u' Street, Suite B National City, CA 91950 We look forward to a mutually rewarding working General Terms of Agreement on the next page. Date: 12/03/04 Date: Proposal#990558 . ACORD, CERTIFICATE OF LIABILITY OP ID CG INSURANCE ESTRA-1 DATE (MWDD/YYYY) 09/01/06 EXTEND OR BELOW. PRODUCER Supple Insurance Services , Inc 701 B Street, Suite 246 San Diego CA 92101 ne: 619-595-0380 Fax: 619-595-0381 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INSURERS AFFORDING COVERAGE NAIC Ih.../RED Estrada Land Planning Inc. 755 Broadway Circle Suite 300 San Diego CA 92101-6161 INSURER A: U. S. Fidelity S. Guaranty INSURER B. St. Paul Proteot.va Ina. Co. INSURER C. U.S. 3Pac.alty Insurance Co. INSURER O. INSURER F. COVERAGES THE POLICIES ANY REQUIREMENT. MAY PERTAIN, POLICIES. AGGREGATE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIES CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS Or SUCI I LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TN3R WWI.' LTR NSR1 - ._._ .. 1 POLICY EFFECTIVE TYPE OF INSURANCE I POLICY NUMBER , DATE (MM/OD/YY) POLICY EXPIRATION I - — DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY BK01965065 09/04/06 09/04/07 EACH OCCURRENCE i $ 1000000 X UAMA6E IOHF.NIEU ' PREMISES(Enomirence) , $ 300000 CLAIMS MACE ' X . OCCUR ! I I MED CAP (Any one person) ItIt $ 10000 I I PERSONAL 8 ADV INJURY S 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: • PRODUCTS - COMP/OPAGG • 82000000 POLICY [ JEC1' 1 i LOC I - --- AUTOMOBILE LIABILITY A ANY AUTO .BK01965065 09/04/06 I 09/04/07 COMBINED SINGLE LIMIT $ 1000000 (Eaacadent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) IS HIRED AUTOS ' BODILY INJURY X NON -OWNED AUTOS : (I Per accident)— I PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY- EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A X OCCUR 7 CLAIMS MADE BK01965065 09/04/06 09/04/07 AGGREGATE I s 1000000 DEDUCTIRI F $ RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' LI`JBIUTY WC STATU OTH %. ITORY LIMITS : I FR E L. EACH ACCIDENT $ 1000000 B BW02199416 09/04/06 1 09/04/07 ANY PROPRIETOR/VAR TNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? lives, describe under E.L. DISEASE - EA EMPI OYES I $ 1000000 — E.L. DISEASE POLICY LIMIT S 1000000 SPECIAL PROVISIONS below OTHER C Professional Liab. US061148202 09/04/06 09/04/07 Ea. Claim 2000000 I Aggregate 2000000 DESCRIPTION OP OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Professional Liability - Claims made form with defense costs included within the limit. General Liability - The certificate holder is named as additions �nVV— � - insured as required by written contract per the attached CL/BF 26090903. Workers Comp. - Includes waiver of subrogation.* Except 10-days for non-payment. Re: Design services for medians on Highland Avenue CERTIFICATE HOLDER COA41U-1 Community Development Commission of National City 140 East 12th Street, Suite B National City CA 91950-3312 ACORD 26 (2001/08) CANCELLATION Commundy SHOULD ANY OF THE ABOVE DESCRIBED POLICIEEIBEIBIOUM(PIRATION DATE THEREOF, THE ISSUI - - ER , ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CER • ICATE HOLD NAME' T•` E LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLI • • OR LIA - OF A KI ;J$ UPON THE INSURER, ITS AGENTS OR REPRESENTA ACORD CORPORATION 1988 Poky Number: BK01965065 Liability Coverage Enhancement - Architects and Engineers EHDORSU E ff THIS ENDORSE/MT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of SECTION II. WHO IS AN INSURED, 1.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present 'unnamed joint venture", or if that person or organization is otherwise an insured under Paragraph 2. below. 2_ The following is added to SECTION II. WHO IS AN INSURED. 2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury' or 'property damage" occurs or the offense that causes the 'personal injury" or 'advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of 'your work' for that person or organization. However, such person or organization is not an insured with respect to any: (1) "Bodily injury", 'property damage', 'personal injury" or 'advertising injury' that does not arise out of: (a) Your negligence; or (b) The negligence of another person or organization for whom you are liable; (2) 'Bodily injury", "property damage', 'personal injury' or 'advertising injury' for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage' to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work' performed for the insured; or (4) "Bodily injury', 'property damage', 'personal injury' or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service', when such person or organization is an architect, engineer or surveyor. 3. The following is added to SECTION II. WHO IS AN INSURED: CUBE Z5 09 09 03 Includes copyrighted material at Insurance Services Office with its permission. Page 1 of 3 Copyright, Insurance Services Office, Inc. 2001 "Unnamed Joint Venture' You are an insured for your participation in any past or present 'unnamed joint venture". However, you are not an insured if the 'unnamed joint venture" has: a. Direct employees; or b. Owns, rents, or teases any real or personal property. No other member or partner, or their spouses, of any past or present 'unnamed joint venture' is an insured. 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: b. Will apply separately to the sum of all: (1) Damages because of "bodily injury' and "property damage", under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for 'bodily injury', under SECTION I. COVERAGE, B. Medical Payments above: arising out of each location listed in the Schedule of Premises or each of 'your projects": and 5. The following replaces SECTION IV. CONDITIONS. 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non- contributory with, 'other insurance" issued directly to a person or organization added as an additional insured under SECTION II. WHO IS AN INSURED, 2.: COIF 26 09 09 03 (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required By Written Contract if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non- contributory with, such "other Includes corgeightad material of Insurance Services Office with its permission Copyright, Instance Services Office. Inc. 2001 insurance". This insurance will then be applied as primary insurance for damages for 'bodily injury', 'property damage', 'personal injury' or "advertising injury' to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance". 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance", b. Excess Insurance: This insurance is excess over any 'other insurance" whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present 'unnamed joint venture'. 7. The following is added to SECTION IV. CONDITIONS, 8. Transfer Of Rights of Recovery And Proceeds Against Others To Us: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION II. WHO IS AN INSURED, 2.: 6. a. Because of payments we make for 'bodily injury", "property damage', 'personal injury' or 'advertising injury' arising out of 'your work' in ongoing operations or included in the "products -completed operations hazard'; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury' or "property damage' occurs or the offense that causes the 'personal injury' or 'advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. The following are added to SECTION V. DEFINITIONS: Page 2of3 'Unnamed joint venture' means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. 'Your premises' means any premises, site, or location owned or occupied by, or rented to, you. 'Your project': a. Means any premises, site or location at, on, or in which 'your work' is not yet completed; and b. Does not include 'your premises' or any location listed in the Schedule of Premises. All other terms of your policy remain the same. CUBE 26 09 09 03 Includes copyrighted material of Insurance Services Office with its perm.ssion. Page 3 of 3 Copyright. Insurance Services Office, Inc. 2001 MRS WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CAUFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The following 'attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy I This endorsement, effective on 09/04/06 (Date) Policy No. BW02199416 at 12:01 A.M. standard One. forms a part of Endorsement No. of the St. Paul Fire and Marine Insurance Company NCCI Carrier Code 13706 {Name of Insurance Company) issued to: Estrada Land Planning, Inc. Policy Expiration Date: 09/04/07 Premium lit any) $ Authorized Represent, we We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.0 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver Schedule Job Description Any person or Organization for whom the Named Insured has agreed by w contract to furnish this waiver for Blanket Waiver of Subrogation ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID CG E STRA- 1 DATE (MM/DD/YYYY) 11/08/05 PRODUCER Supple Insurance Services B Street, Suite 246 Diego CA 92101 Phone:619-595-0380 Fax:619-595-0381 INSURED Estrada Land Planning Inc. 755 Broadway Circle Suite 300 San Diego CA 92101-6161 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 POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: U.S. Fidelity & Guaranty INSURERB: St. Paul Fire & Marine INSURER C. u.s. Specialty Ineuranao Co. INSURER D. 1 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR �L1CY EFFECTM1/E I POLICY EXPIRATION SRMTYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) i DATE (MWDDIYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 $1000000 A I I X1 COMMERCIAL GENERIALLLIABILITY BK01965065 09/04/05 09/04/06 UAMAi,t IO HEN IEU PREMISES (Ea ocpxence) $ 300000 CI AIMS MADE I X I OCCUR i MED CXP (Any one person) S 10000 j PERSONAL BADV INJURY r$ 1000000 1 __ — GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: — PRODUCTS - COMP/OP AGG S 2000000 POLICY �[7 JE I LOC A AUTOMOBILE LIABILITY ANY AUTO BK01965065 09/04/05 09/04/06 COMBINED SINGLE LIMIT (Ea accident) S 100000D I ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par person) S X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A OCCUR CLAIMS MADE BK01965065 I 09/04/05 09/04/06 AGGREGATE $ 1000000 IX $ I DEDUCTIBLE S IX 1 RETENTION S 0 S WORKERS COMPENSATION AND WC STAIU- , OTH- X f EMPLOYERS' LIABILITY ITORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE BW02148923 09/04/05 09/04/06 El. EACH .vCCIDENT $1000000 I OFFICER/MEMBER EXCLUDED? describe under that E.L DISEASE - EA EMPLOYEE S 1000000 '• SPECIAL PROVISIONS below - E.I.. DISEASE - POLICY LIMIT S 1000000 OTHER C :Professional Liab. US051148201 09/04/05 09/04/06 Ea. Claim 2000000 Aggregate 2000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Professional Liability - Claims made form with defense costs included within the limit. General Liability - The certificate holder is named as additional insured per the attached CL/BF 22451102. Workers Compensation - Includes Voluntary Compensation per the attached. *Except 10-days for non-payment. Re:Design services for medians on Highland Avenue. CANCELLATION COMMU-1 The Community Development Commission of the City of National City 140 East 12th Street, Suite B National City CA 91950-3312 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAWf;OYA; *30 DAYS WRITTEN NOTICE TO THE CVR i' AT! HO +; ED TO . LEFT, CORD CORPORATION 1988 Polity Nicobar. BK01965065 Owner. Lessee Or Contractor —Scheduled Person Or Onjanizetion —Primary And Non-Contrihrrttery When Required By Written Contract ADDITIONAL INSURED OIDORSEM83T THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART, Owners, Lessees Or Contractors — Scheduled Persons Or Organizations Schedule Name Of Person Or Organization: Location Of Covered.,yerations: The Community Development Commission of the city of National City and it's officers, agents and employees. Re: Design services for medians on Highland Avenue 1. The following is added to SECTION II. WHO IS AN INSURED, 2.: Owner, Lessee Or Contractor — Schedaled Person Or Organization — Primary And lion -Contributory When Required By Written Contract Each person or organization shown in the Owners, Lessees Or Contractors — Scheduled Persons Or Organizations Schedule, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: Ili "Bodily injury", "property damage", "personal injury" or "advertising injury" QJ F 22 45 11 02 that does not arise out of your negligence; (2) "Bodily injury", "property damage", "personal injury" or "advertising injury' for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of that contract or agreement; (3) "Property damage" to: la) Property owned, used or occupied try or loaned or rented to such person or organization; (b) Property in the care. custody or control of such person or organization or over which such Includes copyrighted mateis% of Insurance Services Office, Inc.. with its permission. Page 1 of 2 Copyright, Insurance Semites Office. Inc., 2001 Person or organization is, for any purpose exercising physical control: or (c) "Your work' performed for such Person or organization; (4 "sadly MOW "may damage, "Personal injury' or "advertising injury" arising out of arty ardnitects, engineer's or settve�y(oi'3 "professional satyr*" or failure too vnr. , and "professional s tyr*" when such person or organization is an architect engineer or surveyor, or 15) "Bodily injury" or "property damage that ocdrrs after "your work' for such person or organization has been ompleted. "Your rnorif' will be deemed omglebsd at the eaAiast of the tollowing tarts: (a) When all of the work on The project to be done at the Location of Covered Operations shown in the Owners, lessees Or Contractors — Scha ed Persons Or Organizations Schedule has been completed; or (b) Men that part of the work out of which the "bodily injury" or "properly damage" arises has been put to intended use by any person or organization, other than another contractor or subcontractor working on the same project. "Your work" that may need service, maintenance, correction, repair or repiacemmt but which is otherwise dewed uottpieted above, will also be deemed axrlpleted. 2. The following replaces SECTION IV. CONOmONS. S.'Other Insurance", e. Primary Inherence. (2l: (2) Nov/ever, this insurance will be considered to be printery to, and non- xxittibutory With, "other insure' issued dhreCtiy to a person or organization added as an additional insured under. NI SECTION 1L WHO IS AN INSURED, & b. Car.ria Maditaaaat lemmata By Gentled Or Agreement if you specifically agree, in that written contract or agreement that this insurance must be Omani to, and renvonoiladrolY with, such "other insurance"; or Ill) The Owner. Lessee Or Contractor — Scheduled Puhme a Orgeniraoion - Primary And Non-Centribrtort When Required By Written Contract M&[ional Insured Endorsement if you specifically agree in a written contract or agreement that is made before, and in effect when, the "herby injury" or "property damage' occurs or the offense that causes the "personal injury' or "advertising injury" is first mmitted, that this inStttantk mast tea })Tasty to, and non-contributory with, such "other inmate". This insurance will then be applied as primary insurance for damages because of "bodily injury, "property (Image "personal injury" or "advertising injury': (a) To which this insurance applies; and lb) That are incurred by such person or organization. We will not share those damages with such 'other insurance". All other terns of your policy remain the same. CVO 22451102 *Wes copii#sstAutero or inflameswoon arse,lne.wit ihpMfission. CaPRt➢St. (mamba series, Oita. Inc. 2m1 Pi eat WCO40305 (Ed. 1-85) VOLUNTARY COMPENSATION AND EMPLOYERS UABILITY COVERAGE ENDORSEMENT-CAUFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The following' attaching clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 09/04/05 (Date) Policy No. BWO2148923 Endorsement No. of the St. Paul Protective Insurance Company NCCI Carrier Code 12904 (Name of Insurance Company) issuedto: Estrada Land Planning, Inc. Policy Expiration Date: 09/04/06 Premium (if any) S at 12:01 AM. standard time, forms a part of Authorized Representative If the employer named in item 1 of the Information Page has in his employment persons not entitled to compensation under Division 4 of the Labor Code of the State of California, this policy shall operate as an election on the part of the employer to come under the compensation provisions of Division 4 with respect to those persons described in the Schedule below. This policy applies to those persons described in the Schedule below as employees. Schedule Not subject to law Checklist for Evidence of Insurance Commercial General Liability: ffInsurance is per occurrence. Ig Insurance is per Agreement. Insurance amounts are correct. „p(, Coverage dates are correct. `�Jj Aggregate limit is per Agreement. Automobile: 19 Insurance is combined single limit. S1 Insurance is per occurrence. Insurance includes non -owned vehicles. Insurance amount is correct. Coverage dates are correct. tta Aggregate limit is per Agreement. Worker's Compensation: Covers all employees. Covers all volunteers. F\1( gat Insurance amount is correct. Pro#essional Liability: Insurance is per Agreement. Insurance amounts are correct. Coverage dates are correct. Aggregate limit is per Agreement. Other: ET El gr Names correct on policy/endorsement/certificate. Additional insured is provided. Additional insured name is correct. Primary Insurance is provided. 30-day notification is provided 30-day notification verbiage is correct. Certificate is signed. Descriptions of operations, locations, etc. are correct. Required waiver of subrogation provided. Complies with Best's Key Rating. 112.- Company is admitted in California. Checklist for Evidence of Insurance Commercial General Liability: Insurance is per occurrence. Insurance is per Agreement. Insurance amounts are correct. Coverage dates are correct. Aggregate limit is per Agreement. Automobile: 121 Insurance is combined single limit. ItInsurance is per occurrence. Insurance includes non -owned vehicles. Insurance amount is correct. Coverage dates are correct. /D Aggregate limit is per Agreement. Worker's Compensation: Covers all employees. Covers all volunteers Insurance amount is correct. IOW , fessi 1 Liability: Y" IA - Insurance ona Insurance is per Agreement. Q'1v'}'• `� Insurance amounts are correct. Coverage dates are correct. I"0l1P(0S Aggregate limit is per Agreement. Names correct on policy/endorsement/certificate. Additional insured is provided. Additional insured name is correct. Primary Insurance is provided. 30-day notification is provided. 30-day notification verbiage is correct. Certificate is signed. Descriptions of operations, locations, etc. are correct. E' Required waiver of subrogation provided. N Complies with Best's Key Rating. `I/ Company is admitted in California. - {LC r �t U✓ { (/ L Chairman Nick Inzunza Members Ron Monson I nis Natividad Frank Parra Rosalie Zarate Executive Director Benjamin Martinez November 3, 2005 Preservi Shaping the Future Community Development Commission of National City Ms. Vicki Estrada Estrada Land Planning 755 Broadway Circle, Suite 300 San Diego, CA 92101 Re: Compliance with Insurance Requirements for Agreement dated October 7, 2003 The documents you have submitted in compliance with your contract with the Community Development Commission are being returned to you for the following reason(s): X X X Policy coverages must begin on the date of execution of the Agreement (10/7/03) Name on certificate is incorrect, should read: "the Community Development Commission Erthe City of National City" Worker's Comp Policy must cover volunteers also. We are almost complete with the insurance requirements, please make the necessary changes and return the correct documentation to the Community Development Commission. No order to proceed will be issued until the correct forms have been subtted. Sincerely, J Teresa Chakman Executive Assistant to the Executive Director 140 E. 12th Street, Suite B; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 ACORD., CERTIFICATE OF LIABILITY INSURANCE OP ID CG ESTRA-1 DATE (MM/DD/YYYY) 10/04/05 PRODUCE{ :.upple Insurance Services 701 B Street, Suite 246 A.--n Diego CA 92101 one:619-595-0380 Fax:619-595-0381 INSURED Estrada Land Planning Inc. Circle 755 Broadway 91�1Suite 300 San Diego CA 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 POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: U.S. Fidelity & Guaranty INSURER B. St. Paul Fire & Marine INSURER C'. U.s. specialty Insurance C. INSURER D. INSURER E. NAIC # 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 CON FRAC T 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 LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR I SRC TYPE OF INSURANCE POLICY NUMBER p TE[�pry )E POLY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY BK01965065 09/04/05 09/04/06 EACH OCCURRENCE $1000000 X MAU RENTED— UAPREMGE I ISES (Eaocamre)T s300000 CLAIMS MADE. n OCCUR MED EXP (Any one person) 310000 PERSONAL R ADV INJURY 131000000 GENT —1 GENERAL AGGREGATE S 2000000 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2000000 POLICY S^ I jEC7 n LOC A -,, AUTOMOBILE LIABILITY ANY AUTO ALL OWNFD AUTOS SCHEDULED AU1 OS HIRED AUTOS NON -OWNED AUTOS BK01965065 09/04/05 09/04/06 INED CO accident) (EaCOMBINED SINGLE LIMIT $1000000 _ __. X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S X_1 PROPERTY DAMAGE (Per accident) S GARAGE �jl LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN [A ACC $ AUTO ONLY AGO S A EXCESS/UMBRELLA LIABILITY BK01965065 09/04/05 09/04/06 EACH OCCURRENCE $ 1000000 X OCCUR I---1 CLAIMS MADE AGGREGATE $ 1000000 L , I DEDUCTIBLE X l RETENTION 30 $ S $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' It yes. describe under SPECIAL PROVISIONS below BW02148923 09/04/05 09/04/06 TH- !i ITORY LIMITS IOER E.I. EACH ACCIDENT $SOOOOOO E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 C OTHER Professional Liab. US051148201 09/04/05 09/04/06 Ea. Claim 2000000 Aggregate 2000000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Professional Liability - Claims made form with defense costs included within the limit. General Liability - The certificate holder is named as additional insured per the attached CL/BF 22451102. * Except 10-days for non-paymentRECEIJrED premium. Re: Design services for medians on Highland Avenue. YY`C OCT - 2005 CERTIFICATE HOLDER CANCELLATION COMMU-1 Community Development Commission for the City of National City 140 East 12th Street, Suite B National City CA 91950-3312 SHOULD ANY OR THE ABOVE DESCRIBED DATE THEREOF. THE ISSUING INSURER NOTICE TO THE CERTIFI POLICI aB WILT. (3�MAIL NAMED TO THE EEVPIRATNON O 3OR THE _ FT, �IKeuar L AUTHORIZEDREPRESENTA Robert R. Supp , CIC, AAI © ACORD CORPORATION 1988 Policy Number. B K01965065 Owner, Lessee Or Contractor —Scheduled Person Or Organization --Primary And Non -Contributory When Required By Written Contract MINIMAL INSURED INDORSEMENT THIS ENDORSEMENT DIANI ES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following LIABILITY COVERAGE PART. Owners, Lessees Or Contractors — Scheduled Persons Or Organizations Schedule Nome Of Person Or Organization: Location Of Covered ureretions: The Community Development Commission of the city of National City and it's officers, agents and employees. Re: Design services for medians on Highland Avenue 1. The following is added to SECTION U. WHO IS AN INSURED, 2.: Owner, Lessee Or Contractor — Scheduled Person Or Organization — ?Amary And Non -Contributory When Required By Written Contract Each person or organization shown in the Owners, Lessees Or Contractors — Scheduled Persons Or Organizations Schedule, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: It) "Bodily injury", "property damage", "personal injury" or "advertising injury" ai/BF 22 45 11 02 that does not arise out of your negligence; (2) "Bodily injury', "Property damage", "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of that contract or agreement (3) "Property damage" to: Ia) Property owned, used or ocarpred try or loaned or rented to such person or organization; (bj Property in the care, custody or control of such person or organization or over which such includes oogroighted =tens%of Imam Services Office. Inc.. with its permission. Page 1 or 2 CoPWignt insurance Services Office, Inc., 2001 person or organization is. for any purpose stentsing philtre! Contest or tel 'Your wraX' perfortmd for such Parson or organization; 41 "8cddg intuor". "Papal), carnage". 'Personal injury' or "advertising more" arising rent of any architect's, engineers of � ws,urveyors.�reen(dpde�.n�ng of, or failure y to .� render, any "professional service" when such person or organization is en architect, engineer orenveYor or IS) -Pally injury" or "property damage" that occurs after "your wort' for such person or organization has been completed. "Your work" will be deemed oarpteood at the earliest of the to)loOng tines: (41 the failed be d the work orlocation of CWretd Operations shown in the Owners. lessees Or Contractors - Scheduled Persons Or Organizations Schedule has been meted: or lbw 'Aden !flat Past of tie wort out of whudl the "bodily injury" or "property damage" arises has been Put !cysts intended mein arrf Person or organization, other than another contractor or subcontractor ntioriring on the same project. -!cur work" that may need service, maintenance. correction, repair or replacement. but which is odtenvise teemed meted abort, will also be deemed completer. 2. lea toittr+usg wises EC(lON IV. COMMONS, /. Titer lusift ace, e. f"rirna'y heals cs. (2114hvever, this insurance Will be considered to be vinery to. and non. contributor/ with. "other Memos" issuedor organizadirectly added asto a an additional insured. under. rtJ9F 22451/02 (al Sfccrni 11. V411O M AN lNSUARO. 2. b. Goble Or A m,ma st if yrxr specifically agree, in that written contract or agreement. that this insurance must tie oilman/ to. and ca vartotodtory with. such "other insurance": or Ib) The Owner, tams Or Ceatractor Sohedaled Parses+ et Oreweeedoe - Printery AM Non-CosuibetorY Whim Nogolted By Wrfttas Cotterect Additional krsumd Watson" it You sped II aty agree in a written contract or agreettvant drat is made before, and in effect when, the •bodily iniwf ra"ProeettY damage occurs or the offense that causes the "persenaf injury or "advertising kW' is that oim'tted, that this ‘morriat oust etc istifol to, and non -contribute with, such "other essence". This insurance writ den be %oohed as orrery insurance for damages because at "boddY $ir'". "PoPertf dolna9e.• .personal injury" o "adiehthsing injury: (a) 'to which this insurance applies: and (b) That are incurred by such person or organization. We will not share dose damages with such "other insurance". NI other terms of your poky !pivots+ The sorra. 0;100E. trtionove Rotes (Aka PsIcy Number BK01965065 Cowen Percy Coalition Throughout this Policy the Words you" and "your refer to B. the Named Insured spurn in the Declarations, and any other person or organization Qualifying as a Named Insured under the Policy. The words "we", "us" and "our" refer to the Company prwirfing this Policy. AN Coverage Parts and Additional Coverages included in this Policy are subject to the following condtions: At- Cancellatloa. • 1. The first Named Insured shown in the Declarations may cannel this policy by mailing or delivering to us advance written notice of cancellation. C. Z. We may cancel this policy by mailing or delivering to the first Named Insured written notice of D. cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium: or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first . Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. S. If thus policy is Cancelled, we will send the first Named Insured any premium round due. If we cancel, the refund will be pro rata. It the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. This policy contains all the agreements between you and us concerning the insurance afford the first - Named Insured sham in the Declarations is authorized to make changes in the terms of this policy with our consenrt. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examtaatioe Of Year Beaks Aed Records. We may examine and audt your hooks and records as they mate to this policy at any time during the policy period and up to three years afterward. lespeaioae And Somers. We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the mnoltions we find: and 3. Aewrrrnend changes. My inspections. surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public_ And we da not warrant that conditions: 1. Are safe or healthful: or 2 Comply with laws. regulations, codes or standards. This condition applies not only to us. but also to any rating. advisory. rate service or similar organization that makes insurance inspections. surveys. reports or recommendations. we 00 30 OS 02 Includes cwwiateed material el Mama Services Office_ Inc.. with its omnission. Paw 1 of ? E Premiums. The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. It this policy is issued under a oondnuous policy term. the premium shown in the Declarations was computed based on the rates in effect at the time the policy was issued. OR each renewal. continuation or anniversaly of the effective date of this policy. we will compute the pnemitin in accordance with our rates and rules then in effect. F. Transfer Of Yonr.Rights And Duties Under This Policy. Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die. your rights and duties will be transferred to your legal representative but only while acting within the scope of his or her duties as your legal representative. Until your legal representative is appointed any person or organization properly having temporary custody of your property will have your rights and duties, but only with respect to that property. G. Pnaniern Audit 1. We will compute all premiums for this policy in accordance with our rules and rates. 2. This policy may be subject to audit if a premium designated as an advance premium is shown in the Declarations. If an audit is performed, we will compute the final premium due when wee detemine your actual exposures. 3. Premium shown in this policy as an advance preinion is a deposit premium only. ff an audit is perfomiBck at the dose of each audit period we will compute the earned premium for that period Audit premiums are due and payable on notice to the first Named Insured If the sum of the advance and audit premiums paid for the poky period is greater than the earned premium for the period, we will return the excess to the first Named insured.• 4. The first Named Insured mmust beep records of the information we need for premium computation, and send us copies at such times as we may request. IL Ubsmtiratian If we adopt any revision of policy teens that would broaden the coverage of any Coverage Part or Additional Coverage that is part of this policy during the policy period and no premium is charged to that revision. the broadened average wilt apply to this policy on the date that revision becomes effective. L UniaterWonal Errors and Omissions Your rides and duties under this policy will not be affected if you unintentionally oammit the following error or txnission, provided you notify us after you discover such error or omission: 1. Improperly describe a covered premises; 2. Incorrectly report values or liability premium basis amounts due to a typographical ix transcription error contained in an application or other document submitted to us; or 3. Fail to report a premises, other than a premises that you acquire or begin construction on during the poInY Pew We have the right to collect additional or retro-active premium if such error or omission is made by you, and our right to cancel or nonrenew this policy will not be affected by such error or omission. afar onororeoz Includes Ci,s tht ieaMiJntMarano•.Cov....fM. w •• .._�� Estrada Land Planning Urban Design Landscape Architecture Computer Imaging EstradaLandPlan.com 619.236.0143 755 Broadway Circle Suite 300 San Diego California 92101-6161 619.236.0578 FAX RLA 1685 September 29, 2005 Teresa Chapman Executive Assistant to the Executive Director Community Development Commission of National City 140 East 12th St., Suite B National City, CA 91950 619-336-4286 fax Re: Estrada Land Planning Certificate of Insurance Dear Teresa, RECEIVED SEP302005 Community Commission I believe by now you have probably received a revised certificate of insurance from our insurance broker in response to your letter dated 9/22/05 requesting changes to our certificate. Please note that Estrada Land Planning does not own any vehicles, so we cannot provide owned vehicle coverage. We do have coverage for hired and non -owned vehicles. If you have any questions, please contact Caroline Consaul in my office at 619-236-0143. Sincerely, Estrada Land Tannin Vicki Estrada, RLA, FASLA President Chairman Nicklnzunza Members Ron Morrison Luis Natividad Rank Parra Rosalie Zarate Executive Director Benjamin Martinez 1111,&*1 Preserving History... Shaping the Future Community Development Commission of National City Checklist for Evidence of Insurance Coverage is as specified in the contract (e.g., only "Commercial General Liability insurance should be accepted for compliance with general liability insurance requirements). Names correct on policy/endorsement/certificate. General Liability is on an "occurrence" basis, not "claims made" (if claims made, three years continuation required). Policies are current. Limits are at least as high as the minimum required in the contract with combined single limits. The insurer's Best rating meets or exceeds the CDC's minimum requirements. The insurer is admitted in California. The primary insurance endorsement is attached. Primary and excess liability policies have concurrent coverage periods. No self -insured retention on liability policies. CDC has received evidence of each type of insurance required. Evidence provides for 30-day notification of changes or cancellation - or proper endorsement is attached. Evidence is of proper form, i.e.: certificates, endorsements or policies as appropriate. Additional insured endorsement is attached. Auto liability covers owned and non -owned vehicles. Required waiver of subrogation provided.)) (A Documents include proper signatures. Descriptions of operations, locations, etc. are correct. 140 E. 12m Street, Suite B; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 Chairman Nick Inzunza Members Ron Morrison Luis Natividad Frank Parra Rosalie Zarate Executive Director Benjamin Martinez Preserving Histo Shaping the Future Community Development Commission of National City September 30, 2005 Ms. Vicky Estrada Estrada Land Planning 755 Broadway Circle, Suite 300 San Diego, CA 92101 Re: Compliance with Insurance Requirements The documents you have submitted in compliance with your contract with the Community Development Commission are being returned to you for the following reason(s): Additional insured endorsement must name the Community Development Commission of the City of National City and its officers, agents and employees as additional insureds Name on certificate is incorrect, should read: "the Community Development Commission of the City of National City" X Auto policy does not include owned / all vehicles Auto policy does not reflect combined single limit per occurrence Need signature on certificate / endorsement / policy Insufficient Limits — Worker's Compensation is missing Description of services or location is incorrect / incomplete / missing X Wrong coverages — General Liability must have combined single limit X Insurers do not meet minimum requirements Required waiver of subrogation not included Primary insurance endorsement required X X Thirty (30) day notice of cancellation endorsement required Thirty (30) day notice of cancellation or coverage verbiage incorrect No self -insured retention is allowed on any liability policy Aggregate limits do not apply solely to the Agreement Other: 140 E. 12th Street, Suite B; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 Compliance with Insurance Requirements Page 2 Please make the necessary changes and return the correct documentation to the Community Development Commission. No order to proceed will be issued until the corv&ct forms have been submitted. Si.r? Teresa Chapman Executive Assistant to the Executive Director 140 E. 12t° Street, Suite B; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 Chairman Nick lnzunza Members Ron Monson Luis Natividad Frank Parra Rosalie Zaratc Executive Director Benjamin Martinez Prterving History.. Shaping the Future Community Development Commission of National City September 22, 2005 Ms. Vicky Estrada Estrada Land Planning 755 Broadway Circle, Suite 300 San Diego, CA 92101 Re: Compliance with Insurance Requirements The documents you have submitted in compliance with your contract with the Community Development Commission are being returned to you for the following reason(s): Additional insured endorsement must name the Community Development Commission of the city of National City and its officers, agents and employees as additional insureds X X X X X Name on certificate is incorrect, should read: "the Community Development Commission of theeity of National City" Auto policy does not include owned vehicles Auto policy does not cover bodily injury and property damage Need signature on certificate / endorsement / policy Insufficient Limits — Description of operation / location is incorrect / incomplete Wrong coverages — General Liability must have combined sin • le limit Insurers do not meet minimum requirements Required waiver of subrogation not included Primary insurance endorsement required 'Thirty (30) day notice of cancellation endorsement required Thirty (30) day notice of cancellation or coverage verbiage incorrect Aggregate limits do not apply solely to the Agreement Other: 140 E. 12th Street, Suite B; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 Compliance with Insurance Requirements P..c,e2 Please make the necessary changes and return the correct documentation to the Community Development Commission. No order to proceed will he issued until the &rrcct forms have been submitted. eresa Chapvman Executive Assistant to the Executive Director 140 E. 12`" Street, Suite B; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID CG ESTRA-1 DATE (MM/DDIYYYY) 09/09/05 PRODUCER Supple Insurance Services 701 B Street, Suite 246 -",n Diego CA 92101 'ne:619-595-0380 Fax:619-595-0381 I, ,D 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 POLICIES BELOW. INSURERS AFFORDING COVERAGE Estrada Land Planning Inc. 755 Broadway Circle Suite 300 San Diego CA 92101-6161 NAIC # INSURER A. U.S. Fidelity & Guaranty INSURERB St. Paul Fire & Marine INSURER C: U.S. Specialty Ineuranoe Co. INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ABOVE FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS. .-PISLIOP EFFECTIVE DATE (MWDD/YY) PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH TR`oH LTR A1111-U NSRO TYPE OF INSURANCE . ...-- - POLICY NUMBER POLICY EXPIRATION DATE (MMIDD/YY) LIMTS A • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CI AIMS MADE [X I OCCUR BK01965065 09/04/05 09/04/06 EACH OCCURRENCE $ 1000000 UAMAOE II)RENIEU PREMISES (Ea moon -moo) $300000 MED EXP (My one person) $ 10000 PERSONAL BADV INJURY S 1000000 GENERAL AGGREGATE $ 2000000 GEM -AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2000000 POLICY I^ LOG 1 JE C n - A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BK01965065 09/04/05 09/04/06 COMBINED SINGLE LIMIT (Ea accident) $1000000 BODILY INJURY (Per person) S X X BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per aCc denl) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S S _ ._. .. OTHER THAN EA ACC AUTO ONLY: AGG S A EXCESS/UMBRELLA LIABILITY BK01965065 09/04/05 09/04/06 EACH OCCURRENCE $ 1000000 X OCCUR CLAIMSMADE AGGREGATE S 1000000 S DEDUCTIBLE RETENTION S 0 $ X I S B EMPLOYWORKERS COMPENSATION TX)N AND EMPLOYERIETOR/_AR ANY PROPRIETOR/PAR7 NER/EXECU TIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAI PROVISIONS below BW02148923 09/04/05 09/04/06 WCSIATU- OTH- X LORY LIMITS I ] ER E.L. EACH ACCIDENT $1000000 E.I.. DISEASE - EA EMPLOYEES 1000000 E.L DISEASE -POLICY LIMIT S 1000000 C OTHER Professional Liab. US051148201 09/04/05 09/04/06 Ea. Claim 2000000 Aggregate 2000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Professional Liability - Claims made form with defense costs included withi3ECEIVED the limit. General Liability - The certificate holder is named as additiona insured as required by work contract per the attached. * Except 10-days for non-payment of premium. Re: Highland Avenue. SEP I L toil; COmmunitL• CERTIFICATE HOLDER CANCELLATION evelopment CotlimissloI CObA4U-1 Community Development Commission of National City 140 East 12th Street, Suite B National City CA 91950-3312 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSU NOTICE TO THE CE IMPOSE NO OB REPRESENTA RER • . ENDEAVOR TO MAIL * 30 DAYS WRITTEN THE LEFT, BUT FAILURE TO DO SO SHALL OF - 11p UPO THE INSURER, ITS AGENTS OR ACORD CORPORATION 1988 UJW2609OSCa Pelicy Miler: BK01965065 liability Coverage Bthancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLLY. PLEASE READ IT CARSUI.Y. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of SECTION R. WHO IS AN INSURED. I.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present 'unnamed joint venture', or if that person or organization is otherwise an insured under Paragraph 2. below. 2. The following is added to SECTION R. WHO IS AN INSURED.2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the 'bodily injury' or 'property damage' occurs or the offense that causes the 'personal injury' or 'advertising injury' is first committed, but only with respect to that persons or organization's liability arising out of 'your work' for that person or organization. However, such person or organization is not an insured with respect to any: (1) 'Bodily injury'. 'property damage'. 'personal injury' or 'advertising injury' that does not arise out of: h dudes cepytighred materol of lostvence Stwrcos Office with its permission. Copyright. laminae Services Office, Inc. 2001 (a) Your negligence: or (b) The negligence of another person or organization for whom you are liable: (2) 'Bodily injury', 'property damage'. 'personal injury' or 'advertising injury' for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) 'Property damage' to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization: (b) Property over which such person or organization is for any purpose exercising physical control; or (c) 'Your work' performed for the insured; or (4) 'Bodily injury', 'property damage', 'personal injury' or 'advertising injury' arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service', when such person or organization is an architect, engineer or surveyor. 3. The following is added to SECTION 11. WHO IS AN INSURED: Page t of 3 "Unnamed Joint Venture" You are an insured for your participation in arty past or present 'unnamed joint venture'. However, you are not an insured if the 'unnamed joint venture' has: a. Direct employees: or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present 'unnamed joint venture' is an insured. 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: b. Will apply separately to the sum of Mk (1) Damages because of 'bodily injury' and 'property damage'. under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for 'bodily injury', under SECTION I. COVERAGE, B. Medical Payments above: arising out of each location listed in the Schedule of Premises or each of 'your projects'; and 5. The following replaces SECTION IV. CONDITIONS, 5. "Other Insurance', a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non- contributory with, 'other insurance' issued directly to a person or organization added as an additional insured under SECTION II. WHO IS AN INSURED. 2.: COW 26 09 09 CO (a) Paragraph h. Certain Additional Insureds By Contract or Agreement or (b) Persons Or Organizations Required By Written Contract if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non- contributory with, such 'other Inch/des copyrighted materil or Nuance Bermes enic7 with its permission. Copyright. hutment Services poke, Inc. 2001 insurance'. This insurance will then be applied as primary insurance for damages for 'bodily injury', 'property damage'. 'personal injury' or ' advertising injury' to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such ' other insurance'. 6. The following is added to SECTION IV. CONDITIONS, 5. 'Other Insurance', b. Escess Insurance: This insurance is excess over any 'other insurance' whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present 'unnamed joint venture'. 7. The following Is added to SECTION IV. CONDITIONS, S. Transfer Of Rights of Recovery And Proceeds Against Others To Us: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION II. WHO IS AN INSURED, 2.: a. Because of payments we make for 'bodily injury', 'property damage', 'personal injury' or 'advertising injury' arising out of 'your work' in ongoing operations or included in the 'products -completed operations hazard'; and b. Performed under a written contract or agreement that is made before. and in effect when, the 'bodily injury' or 'property damage' occurs or the offense that causes the 'personal injury' or 'advertising injury' is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. 8. The following are added to SECTION V. DEFINITIONS: Page 2of3 'Unnamed joint venture' means any joint venture in which you are a member or partner where: e. Each and every one of your co -ventures a that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. 'Your premises' means any premises, site, or location owned or occupied by, or rented to, you. 'Your project': a. Means arty premises, site or location at, on, or in which 'your work' is not yet completed; and b. Does not include 'your premises' or any location listed in the Schedule of Premises. MI other terms of your policy remain the same. CUBF26090903 kichdes copyrighted material of Insurance Services Mice with its permission. Page 3 of 3 Copyright, Insurance Seminar Office, Inc 200t