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HomeMy WebLinkAbout2009 CON Environs Landscape Architecture - Kimball Park Soccer Field ProjectAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ENVIRONS LANDSCAPE ARCHITECTURE, INC THIS AGREEMENT is entered into this 22nd day of April, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Environs Landscape Architecture, Inc., (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide architecture design project services for the Kimball Park Soccer Field Project. WHEREAS, the CITY has determined that the CONSULTANT is a landscape architecture firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT 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, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Kenneth Fernandez, Civil Engineering Technician, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Martin Schmidt, ASLA, Principal, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work performed not -to -exceed $24,800. 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 CITY. The CONSULTANT 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 CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates no later than December 31, 2009. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT 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 CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT 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 CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to 2 CiWs Standard Agreement — June 2008 revision the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. 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. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT 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 CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, 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 CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'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. 3 City's Standard Agreement — June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall 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 CONSULTANT 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 CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT 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 CITY. In its performance hereunder, the CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY 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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, 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 owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be 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 5 Citys Standard Agreement —June 2008 revision according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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 CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. 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 judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. The costs of mediation shall be borne equally by the parties. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 Citys Standard Agreement — June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be 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 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 CITY: To CONSULTANT: Ms. Maryam Babaki, P.E. Engineering Department City of National City 1243 National City Blvd National City, CA 91950 Mr. Martin Schmidt, ASLA Environs Landscape Architecture, Inc. 1909 State Street 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 be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, 7 Citys Standard Agreement — June 2008 revision process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT 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 CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. 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. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8 City's Standard Agreement — June 2008 revision K. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Chris Zapata, ity Manager APPROVED AS TO FORM: Geor iser, III g City Attorney Environs Landscape Architecture, Inc. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: (Prrogio rice.ost•tor int) 9' (Title By: (Name) Doc (C± (Print) c fO (Title) 9 City's Standard Agreement — June 2008 revision ENVIRONS LANDSCAPE ARCHITECTURE I . 29 . 2009 City of National City 1243 National City Blvd. National City, CA 91950 Attn: RE: Ms. Maryam Babaki — Director of Engineering Proposal for Landscape Architectural Services: KIMBALL PARK SOCCER FIELD — NATIONAL CITY, CA Env No. 09.006 Dear Maryam: We are pleased to submit this proposal for Professional Services in connection with the project referenced above for your review and consideration. This agreement is by and between ENVIRONS Landscape Architecture, Inc. (ENV), a (California corporation), and the City of National City (Client), in National City, CA. ENV shall provide professional services on the project referenced above, a proposed soccer field to be implemented on in the center of Kimball Park in National City, CA. The project site is located adjacent to the National City Civic Center an open field area that is in the center of the park with an existing sidewalk system encompassing the project area. The scope of the project is to remove the existing lawn and irrigation systems and to install a `field turf' synthetic lawn for the soccer field. The perimeter of the field will be landscaped with appropriate durable plant material, site furnishings and irrigation for both the landscape and for the field to wash and clean the synthetic turf. ENV will conceptually design the soccer field, related landscape and other improvements, to be presented to the City Review Committee for consideration and approval. An additional meeting with the community will be organized by the City and attended by Environs to present the design and receive input and feedback for consideration and incorporation. The design will be finalized and a presentation made to the City Council for action and approval. Upon Approval of the Concept Design, ENV will prepare the designs and plans as required and necessary for approval by the City of National City for the project to proceed. The area to be addressed is the center of Kimball Park and the immediate surroundings for access and observing. All available hard copies and electronic files of the project site are to be provided by Client or project manager to ENV for use in this process. The site survey will be utilized to verify and dimension all existing on site improvements to update the base sheet to accurately indicate all site features and improvements, vegetation and topography. The updated base sheet will be used by Environs for use in the design and plan preparations. When authorized, ENV will move forward with the analysis and design work and all related processes and improvements. ENV understands that the timeline for designing and implementing this project is limited and we are confident that we can get this project done efficiently and in short order. RLA 3 0 I 0 1909 State Street San Diego, CA 92101 619.232.7007 ext. 101 619.232.7008 (fax) www.environs.us Exhibit A Kimball Park Soccer Field Page 2 I . 29 . 2009 EXHIBIT 'A' SCOPE OF SERVICES/PROCEDURE 1.0 PRELIMINARY LANDSCAPE PLAN PHASE ENV shall review the existing Site and Engineering Plans, and visit the site with copies of the plans to document the existing site conditions, and to prepare evaluations and recommendations for consideration. With input from the Client, ENV will prepare a specific project development program identifying all desired improvements and features for incorporation into the project design process. A Preliminary Landscape Plan will be prepared for the project to submit to the Client for approval. The Preliminary Landscape Design Phase process will document existing conditions and initial design proposals to be prepared and forwarded to the Client for review and shall include: I.I Concept Landscape Planning ENV shall utilize the updated site plan as a basis for the preparation of the proposed landform and improvements. A site investigation will be conducted to identify issues specific to the project location. Specific project issues and requirements will be reviewed to identify design requirements and criteria prior to preparation of design concept and preliminary plan. • Establishment of the 'design approach' to the project and coordination with any other consultants + improvements. • Preparation of a Landscape Concept Plan for initial consideration by the City of National City for the following components of the project: • Soccer Field and layouts for the project area. ENV shall present the Landscape Concept Plan during two (2) meetings with the Client for their input. One with city staff and one with the community. The design concepts will be communicated to the Client through the following graphics prepared in a "tissue graphic" style with support images of the site and proposed improvements. Conceptual Landscape Plan - one (I) at I " — 20' scale Revisions shall be made, if required, as a result of these meetings. 1.2 Preliminary Landscape Plan The approved Landscape Concept Plan will serve as the basis for the Preliminary Landscape Plan, which will be the comprehensive, formal graphic communication of the proposed landscape architecture. The Preliminary Landscape Plan will be formatted to meet the submittal requirements and review comments of the City of National City and any Design Guidelines or requirements that may exist, and will include the following elements: Preliminary Landscape Plan - one (I) at I " — 20' scale (I) rendered Illustrative Plan and Computer modeling of the proposed layout and features ENV will present the Preliminary Landscape Plan Package to the Client for final design and budget input approval. ENVIRONS LANDSCAPE ARCHITECTURE Kimball Park Soccer Field Page 3 I . 29 . 2009 ENV shall assist by providing prints or electronic versions of the plans to the City for the submittal of the Preliminary Landscape Plan Package to the appropriate City Department(s) by the responsible party of the design team. ENV can provide the staff and services to facilitate the submittal process if required and directed by Client. ENV shall respond to the plan review comments of the agencies in the form of revisions to the Preliminary Landscape Plan package, if required and shall assist in the resubmittal of the plans for their approval (if required). If directed, the approved Preliminary Landscape Plan will serve as the basis for the Construction Document package of the proposed improvements. 2.0 CONSTRUCTION DOCUMENT PHASE 2.I ENV shall prepare one set of construction documents for the subject property when authorized by the Client. 2.2 Elements of Work One (I) complete set of Landscape Improvement Plans will be prepared at one time for the proposed landscape improvements. Plans will be prepared in Auto CAD 2006 at I" — 20' scale to coordinate with the Civil Engineer plans for submittal requirements to the City of National City. 2.3 Site Improvement Plan The Site Improvement Plan will indicate all items proposed for the implementation of the Soccer Field and the related work necessary to prepare the site for the installation of the specified features. Any demolition items and other aspects of work required will also be located and identified on this plan. 2.4 Landscape Irrigation Plan The Irrigation Plan will diagrammatically depict all landscape irrigation piping, valves, control equipment, sprinkler heads and related irrigation equipment (including sizes and types) for the automatic irrigation of planting areas. All necessary details required to install the irrigation system will be included. 2.5 Planting Plan The Planting Plan will graphically locate and identify all plant materials to be used including specific quantities, sizes and varieties, and will include all necessary planting details for the installation of plant materials. Lighting fixtures, quantities, locations and specifications will also be provided. 2.6 Specifications The Specifications will be in short form as a part of the construction documents, will identify the types, manufacturers and/or qualities of materials to be used or incorporated into the work, will outline methods of installation, and will establish the quality of workmanship for the completed work. 2.7 Meetings ENV will attend three (3) working meetings during the Construction Document phase. Additional meetings will be provided on an hourly basis at the rates defined in Exhibit 'C'. 3.0 CONSTRUCTION ADMINISTRATION/OBSERVATION PHASE 3.1 ENV shall visit the site at the following stages of construction when authorized by the Client or his authorized representative. These services will be provided on an hourly basis at the rates defined in Exhibit 'C' to the amount indicated in Exhibit 'B'. Authorization will be requested if required to exceed the amount indicated for Construction Administration services. ENVIRONS LANDSCAPE ARCHITECTURE Kimball Park Soccer Field Page 4 I . 29 . 2009 • Preconstruction Conference • Site demolition and hardscape / site feature installation • Irrigation Pressure and Coverage Tests • Soil Amending • Plant Material Selection/Tagging • Plant Spotting • Pre Maintenance • Final Maintenance 4.0 ADDITIONAL SERVICES Additional services outside the scope of this proposal, which are requested and authorized by the Client will be billed at the hourly rate as outlined in Exhibit "C". ENVIRONS LANDSCAPE ARCHITECTURE Kimball Park Soccer Field Page 5 I . 29 . 2009 OPTIONAL SERVICES I SCOPE OF SERVICES EXCLUDES Changes in the scope of the Project or services. Changes not initiated by ENV. Changes that are inconsistent with written approvals or instructions previously given or are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. Changes due to other causes not solely within the control of ENV. 2. Preparation, manipulation, modification, and/or revisions to the provided hard copy and/or electronic media for use in developing base sheets for the project. Staff time will be billed hourly at the staff rates indicated. 3. Perspective drawings, renderings, scale models, mock-ups, samples, photography or written text. 4. Presentations at hearings or community groups. 5. Acting as an expert witness. 6. Preparation of forms and/or written documents for development permit, environmental mitigation, or grading permit. The submission of partially completed documents — plans are to be completed for submittal. 7. Plan processing and/or obtaining approvals by governing agencies. Costs of permits and fees. 8. Survey to establish existing conditions. 9. Soils analysis and/or testing. 10. Labor and/or materials take offs and/or cost estimates beyond the `opinion of probable costs' prepared in the Concept Phase of work. 1 I. Engineering, design or selection or utility, mechanical and structural systems for walls, paving, lighting, recreational facilities, play courts, eating facilities, water features or pools, pumps, architectural planters, atriums, subterranean structure protection, drainage devices, sculpture, signage, and interior landscape improvements. 12. Phasing of the construction documents, and/or site observations. Fee proposal is based on implementing the project one time upon direction and authorization to proceed by the Client. 13. Bid forms and documents (excluding plans and specifications). 14. Selection of plant materials at nurseries. 5. Contract administration. 16. Drawings of record. 17. Providing any other services not otherwise included in this Agreement. These services may, however, be available as additional services. 18. The contribution of ENV to the project under Scope Items 1.0, and 2.0 shall be limited to areas of design and aesthetics and ENV does not assume responsibility for the work of others in the production of their respective construction documents or the sufficiency thereof necessary to the execution of the work. ENVIRONS LANDSCAPE ARCHITECTURE Kimball Park Soccer Field Page 6 I . 29 . 2009 EXHIBIT 'B' FEES AND TERMS Services described above shall be provided on an Hourly basis with a 'not to exceed' of $24,800.00 in accordance with the terms and conditions in Exhibit 'C' attached hereto and which is incorporated and made a part of this Agreement by reference. We estimate the following fee breakdown by phase: • Preliminary Landscape Plan Phase $8,500.00 • Construction Document Plan Phase $ 12,500.00 • Construction Administration Phase Hourly — As Requested $3,000.00 estimated • Additional Services Hourly - As Requested • Reimbursable Expenses Up to $800.00 with the caveat that if this amount is exceeded, a change order shall be issued to offset these costs. Fee Total $24,800.00 I am looking forward to working with you to design and secure the necessary approvals for the project. Should you have any questions, please do not hesitate to call. If this proposal merits your approval, please sign and return a copy for my records. Sincerely, Martin F. Schmidt, ASLA Principal RLA 3010 ACCEPTED: (Maryam Babaki) Date: ENVIRONS LANDSCAPE ARCHITECTURE Kimball Park Soccer Field Page 7 I . 29. 2009 EXHIBIT 'C' HOURLY RATES AND ADDITIONAL SERVICES ADDITIONAL SERVICES: A. Additional services and site observation shall be based on the following hourly rates: Principal $ 120.00 Landscape Architect $ 100.00 Landscape Designer $80.00 Site Observation/Plant Material Selection $100.00 Time for services performed outside the office starts and ends upon leaving and returning to the office. In the event the scope of services changes to a degree that will alter the fee, the Client shall be notified in writing and a revised fee will be established. Requests for additional services will be documented and a completion time and compensation amount will be submitted for approval. REIMBURSIBLE EXPENSES The following reimbursible expenses will be invoiced to the Client at cost plus 10% and are not included in the Fee for Professional Services: I. Costs for photographic, xerographic, dry mounting, and delivery services. 2. Outside consultants as authorized by Client. 3. Express mailing, delivery, and/or shipping costs inside or outside the County of San Diego. 4. Mileage to and from the project site and project related travel at $0.545 per mile. 5. Plotting services in house at current rates determined by Environs. FEES FOR PROFESSIONAL SERVICES: Services outlined under the Scope of Services shall be provided for the hourly rate stipulated in the agreement for Professional Services. STATEMENTS Fees for Professional Services shall be billed monthly for progress payment based hours expended. Reimbursible costs shall be billed with fee invoices. ACCOUNTS Accounts are payable net 30 days from date of invoice to our office in San Diego, CA. ENVIRONS LANDSCAPE ARCHITECTURE Client#: 83960 ENVILAN ACORDTM CIERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/17/09 PRODUCER Willis Ins. Srvcs. of CA„ Inc. P 0 Box 40022 Fresno, CA 93755-4022 559 432-1800 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 # INSURED Environs Landscape Architecture Inc 1909 State Street San Diego, CA 92101 INSURER A: Employers Fire Insurance Company 20648 INSURER B: New Hampshire Insurance Company 23841 INSURER C: INSURER 0: 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. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YY1 POLICY EXPIRATION DATE IMM/DD/YYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY FF2U04478 08/25/08 08/25/09 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISESjFa occurrence) $300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 $2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY n TT LOC A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS FF2U04478 08/25/08 08/25/09 COMBINED SINGLE LIMIT (Ea accident) $1 000�000 , BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC LIMIT- R E TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B OTHER Professional Liability 006936941 07/23/08 07/23/09 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ALL OPERATIONS. GENERAL LIABILITY: THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CITY OF NATIONAL CITY C/O CITY ATTORNEY'S OFFICE 1243 NATIONAL CITY BLVD. National City, CA 91950-4301 CANCELLATION Ten Day Notice for Non Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ttaxti RRxR MAIL In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,M(JtRIHMdP,K TAJAAAAAtSEstk )6/13011011019041XAROCIQRXIMAXXIMIZOMOUERXXOCIPAIKINKKRIXARDUCCOUX XR90184XXIROVXXX AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #454483 CCL 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #454483 Architects and Engineers Extender Additional Insured Language* The following policy language is from Employers Fire Insurance Company Business Owners Liability Coverage Form G15911 03 05: Form G1591 1 03 05 Amends the Commercial General Liability Coverage Form: 1. The following are added to Section II — Who is an insured: a. Person or organization required by Written Contract Any person or organization that you agree to add as additional insured under this General 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 and advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of your non- professional work for that person or organization. However such person or organization is not an additional insured with respect to any: (1) "Bodily Injury", "property damage", or "personal and 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" or "personal and 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: or (b) Property over which such person or organization is for any purpose exercising physical control: (4) All Professional liability as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advise, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection formation, reconstruct, repair, or in any improvement made to real property. Construction also includes the hiring, supervision or management of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. Primary & Non -Contributory: This insurance will be considered primary to, and non-contributory with any other insurance issued directly to a person or organization added as an additional insured. Per Project Aggregate: Section III Limits of Insurance is amended by adding the following: The General Aggregate Limit under Section III -Limits of Insurance applies separately to each of "your projects" or each location listed in the location information in the common policy declarations. Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the First Named Insured, this insured applies: a. As if each Named insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. Waiver of Subrogation: Transfer of Rights of Recovery Against Other to Us in Section IV — Commercial General Liability Conditions: However, we waive the right of recovery and proceeds we may have against any person or organization that is added as an additional insured under 1.1.a a. Because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" in ongoing operations include 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 and 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. Named Insured: Environs Landscape Architecture Inc Policy No.: FF2U04478 Az Al,. AUTHORIZED REPRESENTATIVE "From Form: : %15911 03 05 ADP 5/12/2009 2:01 PM PAGE 2/003 Fax Server ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/16/2009 PRODUCER (800)524-7024 FAX (800)524-4013 Automatic Data Processing Insurance Agency, Inc 1 ADP Boulevard Roseland, NJ 07068 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 # INSURED Environs Landscape Architecture 1909 State St. San Diego, CA 92101 Fax: 619-232-7008 INSURERA Employers Compensation Ins Co INSURER B: INSURER C: INSURER D: 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. INSR LTR ADD'L NSRG TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM!DD/YY1 POLICY EXPIRATION DATE (MM/DD/YYI LIMITS GENERAL UABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISFS (Fs ncairsncs) $ CLAIMS MADE OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 7 POLICY n j C LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLEL!MIT (Ea accident) $ " BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below EIG109797900 07/01/2008 07/01/2009 X WC L M TS OTH- FR E.L. EACH ACCIDENT $ 1, ooa, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS fc* THIS CERTIFICATE INCLUDES A WAIVER OF SUBROGATION IN FAVOR OF CITY OF NATIONAL CITY ** SCOPE OF JOB: LANDSCAPING DESIGN START DATE: 04/22/2009 )URATION: 04/22/2009 TO 07/01/2009 REFERENCE # : 09.006 CERTIFICATE HOLDER CANCELLATION City of National City C/O City Attorneys Office Attn: Jenny Orcutt 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE lr ACORD 25 (2001/08) FAX: (619)336-4327 Rudy Pena/ORONA ©ACORD CORPORATION 1988 ADP 5/8/2009 11:30 AM PAGE 3/003 Fax Server IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ADP 5/28/2009 5:23 PM PAGE 7/008 Fax Server EMPLOYERS COMPENSATION INS CO 2001 CORPORATE CENTER DRIVE NEWBURY PARK, CA 91320-1400 WORKERS' COMPENSATION AND EMPLOYERS UABIUUTY INSURANCE POLICY Policy Number. EIG 1097979 00 Named Insured: ENVIRONS LANDSCAPE ARCHITECTUR Agent: ADP -TELEMARKETING 0033011 ENDORSEMENT SCHEDULE State Form Nbr. Ed. Date Description CA WC040306 (4/84) CA WAIVER OUR RIGHT TO RECOVER AGENT COPY WC 99 0410 (Ed.7-06) Printed on 05/14/2009 Page 4 of 4 ADP 5/28/2009 5:23 PM PAGE 8/008 Fax Server WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA 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 0 %of the California workers' compensation premium otherwise due on such remuneration, Schedule Person or Organization Job Description CITY OF NATIONAL CITY C/O CITY ATTORNEY'S OFFICE 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 The charge for this endorsement is $250. LANDSCAPING DESIGNS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 04/22/2009 Policy No. EIG 1097979 Endorsement No. 001 Insured ENVIRONS LANDSCAPE ARCHITECZ'UR Premium $ 1,479.00 Insurance Company EMPLOYERS COMPENSATION INS CO WC 04 03 06 (Ed. 4-84) Countersigned by hait'Faim&eawk a Reader No:14.2424 ADP 5/28/2009 5:23 PM PAGE 3/008 Fax Server WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B (Ed. 7-01) POLICY INFORMATION PAGE ENDORSEMENT The following item(s) [ ] Insured's Name (WC 89 06 01) Policy Number (WC 89 06 02) Effective Date (WC 89 06 03) Expiration Date (WC 89 06 04) Insured's Mailing Address (WC 89 06 05) Experience Modification (WC 89 04 06) Producer's Name (WC 89 06 07) Change in Workplace of Insured (WC 89 06 08) Insured's Legal Status (WC 89 06 10) Item 3A. States (WC 89 06 11) "s changed to read: ADDING WAIVER OF SUBROGATION: CITY OF ATTN: JENNY ORCUTT 1243 NATIONAL CITY DESCRIPT: KIMBALL PAUL SOCCOR PROJECT EFFECTIVE DATES 4/22/09 TO 07/01/09 / NATIONAL CITY CA *ftern 4. Change To: ] Item 3.B. Limits (WC 89 06 12) Item 3.C. States (WC 89 06 13) Item 3.D. Endorsement Numbers (WC 89 06 14) item 4.* Class, Rate, Other (WC 89 04 15) Interim Adjustment of Premium (WC 89 04 16) Carrier Servicing Office (WC 89 06 17) Interstate/Intrastate Risk ID Number (WC 89 06 18) Carrier Number (WC 89 06 19) Issuing Agency/Producer Office Address (WC 89 06 25) NATIONAL CITY C/O CITY ATTORNEY'S OFFICE BLVD NATIONAL CITY CA 91950 / JOB / SCOPE OF DESCRIP: LANDSCAPING DESIGN / REF #09.006 / LOCATION: 12TH ST & D AVE, Classifications Code No. Premium Basis Total Estimated Annual Remuneration Rate Per$100 of Remuneration Estimated Annual Premium Total Estimated Annual Premium $ 1, 479 Minimum Premium $ 500 Deposit Premium $ o All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which It Is attached and is effective an the date issued unless otherwise stated. (rhe information below is required only when this endorsement Is issued subsequent to preparation cf the, policy.) Endorsement Effective 04/22/2009 Policy No. EIG 1097979 00 Endorsement No. Insured ENVIRONS LANDSCAPE ARCHITECTURPolicy Period 07/01/2008 To 07/01/2009 NCCI Carrier Code 00441 Insurance Company EMPLOYERS COMPENSATION INS CO Countersigned by 001 Premium $ 1, 479. 00 WC890600B (Ed. 7-01) Copyright 2001 National Council on Compensation Insurance, Inc. OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax ENVIRONS LANDSCAPE ARCHITECTURE Architecture Design Project Services Kimball Park Soccer Field Project Judy Hernandez (Engineering) Forwarded Copy of Agreement to Consultant