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HomeMy WebLinkAboutAGMT - RMA International (Design PSA Various Landscape Areas) PROFESSIONAL SERVICES AGREEMENT Between `F SEAL 9F''Q�__O- S PORgt4, c,S,i i* *I i � i RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of$10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of one (1) year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than $28,000. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B. 2 of 14 S7296-0001\1236808v1.doc 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Robert McMahon is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 14 57296-0001\1236808v1.doc To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: RMA International, Inc. 315 3rd Street Suite N Huntington Beach, CA 92648 Attn: Robert McMahon 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 4 of 14 S7296-0001\1236808v 1.doc 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain 5 of 14 S7296-0001\1236808V1.doc of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, 6 of 14 S7296-0001\1236808v1.doc officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 7 of 14 57296-0001\1236606v1.doc privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of . Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 8 of 14 S7296-0001\1236808v1.doc 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT �� /� BY ':': : '111�Il. 11 By: er I ►.G7 N t V I R. Ingram, Ci nager /,-4 ,, • Name: ' Attest: Its: •W�vvf"--_ � ,iw By: V " (�/�J1}1/hl By: Linda Devine, City Clerk Name: Approved as to Form: Its: By: are- i Quinn Barrow, City Attorney 9 of 14 S7296-0001\1236808v1.doc Exhibit A Contract Scope of Work I. CONCEPTUAL DESIGN PHASE 1. RMA shall prepare and deliver to the City for approval a colored illustrative conceptual design plan that shall include the following landscape areas; a) Lampson Avenue (North side)- from the front of the City's Lampson Avenue well site (between Heather Street and Candleberry Avenue) to Seal Beach Blvd. existing landscape area is approximately (3' to 5') wide zone between the road and chain link fence adjacent to the Old Ranch Country Club Golf Course. (Area in front of golf course stucco wall is excluded from the project area) b) Lampson Avenue (2) Center Medians- East and West sides of Old Ranch Plaza driveway entrance existing landscape area approximately (3' to 10') wide x (120') long. c) Seal Beach Boulevard (East side & Center Median)- from Lampson Ave. to St. Cloud Dr. existing landscape area approximately (30') wide x (800') long d) Seal Beach Boulevard (3) Center Medians - from St. Cloud Dr. to Plymouth Dr. Existing landscape areas approximately (8') wide x (75') long. CONCEPTUAL DESIGN PHASE (cont.) 2. Formulate a landscape plant palette and show areas of trees, shrubs and groundcover. 3. Prepare (1) new conceptual landscape photo image board of new planting palette. 4. Attend one (1) meeting with City Representatives to review planting concept, PowerPoint Presentation and program requirements. Deliverables for Conceptual Design Phase • One (1) City approved colored plan view @ 1"=20 scale • One (1) Planting Photo Image Board ( 24" x 36") • One (1) Computer PowerPoint Presentation II. CONSTRUCTION DOCUMENT PHASE RMA shall prepare and deliver the following to the City at 30%, 70% & 100% stage completion. 87296-0001\12368080.doc Survey Base Map shall be provided by the City. All plan sheets shall be on 24" x 36" format 1. Demolition plans at 1" =20' scale showing; a. Features to be removed as well as to remain and protect in place 2. Irrigation plans at 1" =20'scale with related details and calculations showing; b. New automatic irrigated system for new planting areas (water and power connections shall be from existing streetscape systems and / or new solar power controllers 3. Planting plans at 1"=20' scale with related details showing; c. Location, size and quantity of new plant material to be installed. 4. Cost estimate of probable construction cost in Microsoft Excel format. d. Provide cost estimate to City at 30% completion stage for review 5. Preparation of construction specifications Special Provisions in "Greenbook" format e. Incorporate City provided Standard Boilerplate specification documents f Provide standard construction specifications as well as any special provisions. (Initial specification booklet shall be delivered to City at 70% submittal stage). Deliverables for Construction Document Phase • One (1) Bond Check Set • One (1) Cost Estimate of probable construction cost Excel format • One (1) 8 1/2" x 11" landscape specifications (Special Provisions only) • One (1) Reproducible Mylar Set • One (1) Computer Disk of all Construction Documents III. CONSTRUCTION BIDDING PHASE 1. RMA shall attend (1) one Pre-bid conference meeting with City Staff representatives. 11 of 14 S7296-0001\1236808v1.doc IV. CONSTRUCTION OBSERVATION The RMA shall review and provide written comments / response to the contractor's irrigation and planting requests for information (RFI) and on contractor's materials submittals, shop drawings and change order requests. RMA shall perform a total of (4) four site observations to determine if the work is generally proceeding in accordance with the construction documents, and inform, advise and assist the City Staff representatives. (selection of plant materials at local nursery, a irrigation mainline pressure test, an irrigation coverage test prior to planting, and one final observation) during the construction phase of the project. Fee includes one way travel time to the site, time on the site, and a written field report or punch list. Any additional scope of work shall be provided on an hourly basis as requested by the City. Fees for these services will be billed per an hourly fee a monthly basis as services are generated as per attached fee schedule (Exhibit A.) V. PROJECT SCHEDULE The anticipated time schedule of the above RMA scope of work to be performed under this agreement shall be: a) Conceptual Design Phase (3.0 weeks) b) Construction Document Phase (4.0 weeks) 30 % submittal to City (3.0 weeks) 70% submittal to City (2.0 weeks) 100% submittal to City VI. FEE The total RMA fixed fee for Conceptual Design, Construction Documents, Specifications and Construction Bidding / Observation services listed above shall be Twenty Eight Thousand Seven Hundred Dollars ($28,700.00). The fee will be billed upon completion and payable upon receipt by the City. The Fee and Billing Schedule shall be as follows: Conceptual Design Phase $ 8,500.00 Construction Document Phase $ 18,500.00 Construction Bidding & Observation Phase $125 per/ hr rate x 8 hours (estimated) $ 1,000.00 Reimbursable Expenses $ 700.00 12 of 14 57296-0001\1236808v 1.doc Total Plan Services Fee $ 28,700.00 13 of 14 S7296-0001\1236808v1.doc Exhibit B Landscape Architectural &Engineering Services Principal Landscape Architect $ 125.00 /hr Irrigation Designer, Landscape Architect $ 80.00 /hr AutoCad Technical/ Draftsperson $ 50.00 /hr Clerical $ 50.00 /hr 14 of 14 S7296-0001\1 236808v 1.d oc ----1 RMAINTE-01 RIOJAI ACORo CERTIFICATE!OF LIABILITY INSURANCE DATE(MMA OYY YI `„�/ j 8(22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to , the terms and conditions of the policy,certain policleslmay require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such sndolsement(s). _ • PRODUCER License#0564249 1 NAME:CT Jackie Riola ' (OC)Heffernan Insurance Brokers inlc�tls.Ea)11 (714)361-7700 Lra,No):1 (714)361-7701 6 Hutton Centre Drive,Suite 500 i EMAIL Santa Ana,CA 92707 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC a INSURER A:Massachusetts Bay Insurance Company 22306 • INSURED INSURER 5:Travelers Casualty&Surety Company 19038 RMA International Landscape ;l1 INSURER C: Architecture 8 Planning,Inc. Y 315 3rd St.,Ste N Ij INSURER o: Huntington Beach 92648 INSURER E: ) INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM SUBH POLICY EFF POLCYEFP LIMITS TYPE OF INSURANCE NOM POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYYI GENERAL LIABILITY EACH OCCURRENCE 3 1,000,000 A X COMMERCIAL GENERAL LIABILITY X OD3889897302 12/1/2012 12/1/2013 PREMISES(Ea $ 1,000,000 CLAIMS-MADE I X OCCUR MEDEXP(Any one person) S 5,000 PERSONAL&ADV INJURY 3 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 3 2,000,000 —1 POLICY I I` sap e, LOC S AUTOMOBILELIABIUTY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) S A ANY AUTO OD3889897302 12/1/2012 12/1/2013 BODILY INJURY(Par person) 3 ALL OWNED ■ SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS X HIRED AUTOS ©AUTOS IPER ACCIDENT) 3 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 1,000,000 ' A EXCESS LIAO CLAIMS-MADE OD3889897302 12/1/2012 12/1/2013 AGGREGATE S 1,000,000 DED I I RETENTIONS 3 WORKERS COMPENSATION WC STA9�I:SI I ER AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE I I NIA E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED/ (Mandatory In NH) E.L DISEASE-EA EMPLOYEE S u y0$CRIPTION OF OPERATIONS below.desc,iba under EL DISEASE-POLICY LIMIT 3 DES B PROFESSIONAL 105374650 12/1/2011 12/1/2013 PER CLAIM 1,000,000 g LIABILITY 106374650 12/112011 12/1/2013 AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101.Additional Remarks Schedule,II more apace Is required) PROJECTS AS ON FILE WITH THE INSURED INCLUDING BUT NOT LIMITED TO SEAL BEACH BLVD/LAMPSON AVENUE LANDSCAPE IMPROVEMENTS PROJECT. CITY OF SEAL BEACH IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY POLICY-SEE ATTACHED ENDORSEMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SEAL BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 211 EIGHT STREET SEAL BEACH,CA 90740 AUTHORIZED REPRESENTATIVE I it/L– ----- ®1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Policy Number: OD3889897302 Insured: RMA INTERNATIONAL LANDSCAPE ARCHITECTURE & PLANNING, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT • This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM I. Additional Insured by Contract, "personal and advertising Agreement or Permit injury"; Under SECTION II — LIABILITY, C. (2) To any person or organization Who Is An Insured, Paragraph 4. is included as an insured by an added as follows: endorsement issued by us and a. Any person or organization for made part of this Policy; whom you are performing (3) To any lessor of equipment: operations when you and such (a) After the equipment lease person or organization have agreed expires;or in writing in a contract, agreement or permit that such person or (b) If the "bodily injury", organization be added as an "property damage" or additional insured on your policy. "personal and advertising Such person or organization is an injury" arises out of the sole additional insured only with respect negligence of the lessor; to liability for "bodily injury", (4) To any: "property damage" or "personal and (a) Owners or other interests advertising injury" caused, in whole from whom land has been or in part, by: leased which takes place (1) Your acts or omissions; or after the lease for that land (2) The acts or omissions of those expires; or acting on your behalf, (b) Managers or lessors of but only with respect to: premises if: (3) "Your work" for the additional (i) The occurrence takes insured(s) at the location place after you cease to designated in the contract, be a tenant in that agreement or permit; or premises; or (4) Premises you own, rent, lease, (ii) The "bodily injury", control or occupy. "property damage" or This insurance applies on a primary advertising and PP p �' advertising injury" arises basis if that is required by the out of structural written contract, agreement or alterations, new permit. construction or b. This provision does not apply: demolition operations (1) Unless the written contract or performed by or on written agreement has been behalf of the manager • executed or permit has been or lessor; or issued prior to the "bodily (5) To "bodily injury", "property injury", "property damage" or damage" or "personal and advertising injury" arising out of 391-1586 02 11 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission Page 1 of 4 the rendering of or the failure to If other valid and collectible render any professional insurance is available to the services. This includes but is Additional Insured for a loss we not limited to any professional cover under SECTION II - services as an architect or LIABILITY, Part A. Coverages, engineer arising out of any Paragraph 1., Business construction agreement or Liability our obligations are activities under which any limited as follows: , insured or anyone acting on any a. Primary Insurance insured's behalf provides or This insurance is primary to provided service, advice, other insurance that is expertise or work. Construction available to the Additional includes, but is not limited to, Insured which covers the the plan, conception, design, Additional Insured as a build, construct, assembly, Named Insured. We will not development, safety, erection, seek contribution from any formation, reconstruct, other insurance available to rehabilitation, repair, or any the Additional Insured improvement made to real except: property. Construction also (1) For the sole negligence includes the hiring, supervision of the Additional or management of any of these Insured; activities. However, this (2) When the Additional exclusion does not apply to liability arising out of an Insured is an Additional insured's presence at a jobsite Insured under another that was not caused by primary liability policy; professional activities listed in or the above paragraph. (3) When b.(2) below c. Additional insured coverage applies. provided by this provision will not be If this insurance is broader than coverage provided to primary, our obligations any other insured. are not affected unless • any of the other d. All other insuring agreements, insurance is also exclusions, and conditions of the primary. Then, we will policy apply. share with all that other II. Additional Insured by Contract, insurance by the Agreement or Permit - Primary and method described in Non-contributory b.(3) below. The following is added to SECTION III- b. Excess Insurance COMMON POLICY CONDITIONS: This insurance is excess over: M. Other Insurance (1) Any of the other 1. Additional Insureds insurance, whether If you agree in a written primary, excess, contract, written agreement or contingent or on any permit that the insurance other basis: i provided to any person or (a) That is Fire, - organization included as an Extended Additional Insured under Coverage, Builder's SECTION II - LIABILITY, Part Risk, Installation C - Who is An Insured, is Risk or similar primary and non-contributory, coverage for "your the following applies: work"; 391-1586 02 11 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission Page 2 of 4 (b) That is Fire (1) The total amount that all insurance for such other insurance would premises rented to pay for the loss in the the Additional absence of this insurance; Insured or and temporarily (2) The total of all deductible occupied by the and self-insured amounts Additional Insured under all that other with permission of insurance. the owner; (c) That is insurance We will share the remaining ( ) loss, if any, with any other purchased by the insurance that is not described Additional Insured in this Excess Insurance to cover the provision and was not bought Additional Insured's specifically to apply in excess of liability as a tenant the Limits of Insurance shown in for "property the Declarations of this damage" to Coverage Part. premises rented to the Additional c. Method Of Sharing Insured or If all of the other insurance permits temporarily contribution by equal shares, we will occupied by the follow this method also. Under this Additional Insured approach each insurer contributes with permission of equal amounts until it has paid its the owner; or applicable limit of insurance or none (d) If the loss arises out of the loss remains, whichever of the maintenance comes first. or use of aircraft, If any of the other insurance does "autos"or watercraft not permit contribution by equal to the extent not shares, we will contribute by limits. subject to Exclusion Under this method, each insurer's g. of SECTION II — share is based on the ratio of its LIABILITY, Part A. applicable limit of insurance to the Coverages, 1. total applicable limits of insurance of Business Liability. all insurers. When this insurance is excess, III. Aggregate Limit of Insurance (Per we will have no duty under Project) SECTION II — LIABILITY, Part A. Coverages, 1. Business a. For purposes of the coverage Liability to defend the insured provided by this endorsement, D. against any "suit' if any other Liability and Medical Expenses insurer has a duty to defend the Limits of Insurance under Section insured against that "suit". If no II — Liability is amended by adding other insurer defends, we will the following: undertake to do so, but we will be entitled to the insured's rights The General Aggregate Limit under against all those other insurers. D. Liability and Medical Expenses When this insurance is excess Limits of Insurance applies over other insurance, we will separately to each of"your projects" pay only our share of the or each location listed in the amount of the loss, if any, that Declarations. exceeds the sum of: 391-1586 02 11 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission Page 3 of 4 b. For purposes of the coverage provided by this endorsement F. Liability And Medical Expenses Definitions under Section it - Liability is amended by adding the • following: • a. "Your project" means: I. Any premises, site or location at, on, or in which "your work" is not yet completed; and ii. Does not include any location listed in the Declarations. IV. Blanket Waiver of Subrogation Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in • Section III—Common Policy Conditions is amended by the addition of the following: • • We will waive any right of recovery we may have against any person or organization when you have agreed in a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". • 391-1586 02 11 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission Page 4 of 4