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HomeMy WebLinkAboutC-1942 AMENDMENT NO. 1 PROVIDING LANDSCAPE DESIGN REVIW SERVICES FOR THE CITY OF ARCADIA This Amendment No. 1 ("Amendment No. 1") is hereby entered into by and between the City of Arcadia, a municipal corporation in the State of California, and Armstrong & Walker with respect to that certain Professional Services Agreement between the parties dated March 14, 2003 ("Agreement"). The parties agree as follows: 1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is extended to and including February 1, 2009. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment on the date set forth below. CITY OF ARCADIA CONSULTANT "Armstrong& Walker".4firrar••—• By By City Manager ' Dated: M , 2006 024/401i3V6W14EIL Title ATTEST: 1 � Ce II Ci Clerk APPROVED AS TO FORM: CONCUR: , P . J) City Attorney Department Head CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this I Vh day of 2003 by and between the City of Arcadia, a municipal organization organized under the laws of the State of California with its principal place of business at 240 West Huntington /Drive, Arcadia, CA 91007 ("City") and Armstrong & Walker, (a Partnership) with its principal place of business at 728 Mountain Avenue, Monrovia, CA 91016 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing landscape design review services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such landscape design review services as part of the City's design review team and as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Design Review Agreement/Agreements Armstrong & Walker Page 1 3.1.2 Term. The term of this Agreement shall be from February 1, 2003 to February 1, 2006 unless earlier terminated as provided herein. Consultant shall meet all established schedules and deadlines per the City's Architectural Design Review Guidelines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are Anna Armstrong and Richard Walker. 3.2.5 City's Representative. The City hereby designates Don Penman, Assistant City Manager/ Development Services Director, or his designee, to act as his representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. Design Review Agreement/Agreements Armstrong & Walker Page 2 3.2.6 Consultant's Representative. Consultant hereby designates Anna Armstrong and Richard Walker, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff and consultants at all reasonable times. 3.2.8 Standard of Care. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it and its employees have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Consultant and shall not be re-employed to perform any of the Services performed by the Consultant for the City. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Design Review Agreement/Agreements Armstrong & Walker Page 3 3.2.10 Insurance 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. 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 which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives or employees. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (B) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (C) Workers'Compensation and Employers'Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum maintain limits no less than: (A) General Liability: $1,000,000 per for p occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with 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; (B)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (C) Workers'Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.3. Professional Liability. [INTENTIONALLY OMITTED] 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (A) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (B) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, Design Review Agreement/Agreements Armstrong & Walker Page 4 employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. 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. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (A) 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; and (B) the insurance 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 of coverage excess of the Consultant's scheduled underlying coverage. 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. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) 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, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (A) 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 (B) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. Design Review Agreement/Agreements Armstrong & Walker Page 5 r 3.2.10.7 Acceptability of Insurers. 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. 3.2.10.8 Verification of Coverage. 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 must be received and approved by the City before work commences. The City reserves the rights to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. [INTENTIONALLY OMITTED] 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly-itemized statement that indicates work completed and hours of Services rendered by Consultant on each specific project. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a Design Review Agreement/Agreements Armstrong & Walker Page 6 representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.51 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services that have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Armstrong & Walker 728 Mountain View Avenue Monrovia, CA 91016 Attn: Anna Armstrong, Principal Richard Walker, Principal Design Review Agreement/Agreements Armstrong & Walker Page 7 CITY: City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 Attn: Donna Butler, Community Development Administrator Such notice shall be deemed made when personally delivered or when mailed,forty- eight(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement("Documents& Data"). Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data that were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at anytime, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, by used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Design Review Agreement/Agreements Armstrong & Walker Page 8 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's 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 reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Consultant shall pay for the cost of defense, indemnify and hold the City, its officials, officers, employees, volunteers and agents 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, arising out of any negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants arising out of or in connection with the negligent acts of error or omission in performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and reasonable expenses. 3.5.6 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. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. [INTENTIONALLY OMITTED] 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecates, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this.Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all Design Review Agreement/Agreements Armstrong & Walker Page 9 • personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5A6 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, nation_al origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require Design Review Agreement/Agreements Armstrong & Walker Page 10 every employer to be insured against liability for Worker's 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. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1. Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement. CITY OF ARCADIA ARMSTRONG & WALKER By: By: William R. Kelly, City Manager Anna Armstrong, Princip0 • Dated: F..e.i)-r-tra-r--y— 14 , 2003 Richard Walker, Principal ATTEST: e Alford City Clerk APPROVED AS TO FORM: CONCUR: St(fa-k\_, .6(AW 2/4/0.3 Stephen P. Deitsch Department Head Date City Attorney Design Review Agreement/Agreements Armstrong & Walker Page 11 EXHIBIT"A" SCOPE OF SERVICES To assist the City of Arcadia in the landscape design review process for multiple-family, commercial and industrial projects proposed within the community. The firm will be utilized on an "as needed" basis to assist staff in the review of landscape plans for new projects and major exterior remodels. The firm would be expected to critique and comment on the landscape and irrigation design of a project and review revisions based upon the recommendations of the initial design. In addition, the firm may be expected to conduct on-site review to assure the landscaping is in compliance with the approved landscape plans. EXHIBIT"B" SCHEDULE OF SERVICES The firm will be utilized on an "as needed" basis and plans shall be reviewed within the time frame set forth in the City's Architectural Design Review Guidelines. RVPUB\NGS\540868 EXHIBIT"C" COMPENSATION HOURLY RATE SCHEDULE: Principal Landscape Architect $85/hr Landscape Designer/Draftsperson $45/hr Clerical $30/hr Support $ 45/hr REIMBURSABLE EXPENSES: Mileage or travel time within the local Arcadia/Monrovia area will not be billed; reimbursable expenses such as blueprinting, CAD plotting, photocopying, film and photo developing, and postage/shipping expenses will be billed at direct cost with no additional administrative charges. Photocopies are currently priced at $.05 per sheet and there is no charge for faxing documents. RVPUB\NGS\540868 1 • CERTIFICATE OF INSURANCE STATE/ARM Like a good • ' ( `` Coo OS neighbor, State This certifies that ❑ STATE FARAT— IRE AND CASUALTY COMPANY, Blooming ,'llinois INSUTANCI o • ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ® Farm is there. ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida DAVID MORALES,Agent ❑ STATE FARM LLOYDS, Dallas, Texas Lic.#0B69715 1936 Huntington Drive,Suite 100 insures the following policyholder for the coverages indicated below: � South Pasadena,CA 91030 Name of policyholder ANNA ARMSTRONG & RICHARD WALKER DBA ARMSTRONG & WALKER LANDSCAPE Address of policyholder 728 MOUNTAIN VIEW AVE, MONROVIA, CA 91016-2441 Location of operations 728 MOUNTAIN VIEW AVE, MONROVIA, CA 91016-2441 Description of operations ARCHITECT The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) 92—Q8-4733-3 Comprehensive 8-14-02 8-14-03 BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes: ❑ Products-Completed Operations ® Contractual Liability ® Underground Hazard Coverage Each Occurrence $2,000,000 O Personal Injury ►5 Advertising Injury General Aggregate $ 4,000,000 ® Explosion Hazard Coverage ►�� Collapse Hazard Coverage Products—Completed $Excluded ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease-Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, OFFICE OF THE CITY ATTORNEY, CITY OF ARCADIA nbligatio Or liability will be imposed on State "Farm or its ag nt r r esentatives. A40EWEION: NIIA ' ✓ 240 WEST HUNTINGTON DRIVE / r POST OFFICE BOX 60021 ARCADIA, CA 91066-6021 �lA ET- e ot'Authorized presentative GENT� 2/10/03 ZTit( Date Agents Code Stamp AFO Code F413 558-994 a.3 04-1999 Printed in U.S.A. Sc Policy No. 92—Q8-4733-3 1177—F413 FE-6320 (7/88) ADDITIONAL INSURED ENDORSEMENT STATE FARM DESIGNATED PREMISES ONLY INSU ANCs Policy No.: 92—Q8-4733-3 Named Insured: ARMSTRONG, ANNA & WALKER, RICHARD DBA ARMSTRONG & WALKER LANDSCAPE Name of Additional Insured: THE CITY OF ARCADIA ITS DIRECTORS, OFFICERS,EMPLOYEES Address of Additional Insured: PO BOX 60021 ARCADIA CA 91066-6021 Interest of Additional Insured: CONTRACTOR OF SERVICES — NON CONSTRUCTION Location of Premises: 728 MOUNTAIN VIEW AVE MONROVIA CA 91016-2441 The word"insured",wherever used in this policy, also includes the designated person or organization named above as Additional Insured under the provisions of the policy Sections shown below as applicable by an "X"to the extent indicated. ❑ SECTION I. This applies only to COVERAGE A - BUILDINGS. ❑ SECTION I. This applies only to COVERAGE B - BUSINESS PERSONAL PROPERTY. Description of Property: © SECTION II. This applies only to COVERAGE L - BUSINESS LIABILITY and COVERAGE M - MEDICAL PAYMENTS and then only with respect to the ownership, maintenance or use of the premises designated above and operations necessary or incidental thereto. These SECTION II coverages do not apply to: 1. structural alterations or new construction performed by or on behalf of the designated person or organization; 2. personal injury caused by the designated person or organization; 3. liability the designated person or organization assumed under a contract; or 4. products-completed operations hazard arising out of goods or inventory which are not sold or distributed by you or arising out of the manufacturing or packaging of such goods or inventory. All other provisions of the policy apply. FE-6320 (7/88) Printed in U.S.A. DECLARATIONS PAGE AMENDED FEB 14 2003 Pdicy Number ,,.�,..• 92-08-4733-3 l ST'_,-,, FARM GENERAL INSURANCE.COMP' •• 31303 AGOURA RD, WESTLAKE VILLAGE,CA 91363-0001 A STOCK.COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS • Named Insured and Mailing Address 1177-F413 V ARMSTRONG, ANNA& WALKER, RICHARD DBA ARMSTRONG &WALKER LANDSCAPE 728 MOUNTAIN VIEW AVE MONROVIA CA 91016-2441 Coy A - Inflation Coverage Index: N/A BUSINESS POLICY-SPECIAL FORM 3 Coy B - Consumer Price Index: 179.8 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Policy Period: 12 Months • The policy period begins and ends at 12:01 am standard time at the Effective Date: AUG 14 2002 premises location. Expiration Date: AUG 14 2003 Named Insured: Partnership Your policy is amended FEB 14 2003 ADDL INSURED NAME &ADDRESS ADDED Location of Covered Premises: 728 MOUNTAIN VIEW AVE MONROVIA CA 91016-2441 Coverages & Property Limits of Insurance Occupancy: Office Section I A Buildings Excluded B•Business Personal Property $ 10.400 C Loss of Income- 12 Months Actual Loss Section II Deductibles -Section L Business Liability $ 2,000,000 M Medical Payments 10,000 $ 500 Basic Products-Completed Operations Excluded (PCO)Aggregate General Aggregate (Other $ 4,000,000 Than PCO) In case of loss under this policy, the deductible will bE applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply- refer tc policy:. Endorsement Premium None Forms Options, and Endorsements Special Form 3 FP-6143 Discounts Applied: Business Policy Endorsement FE-6464 Years in Business Amendatory Endorsement FE-6205 Claim Record Debris Removal Endorsement FE-6451 Policy Endorsement FE-6506.1 Glass Deductible-Section I FE-6538.1 Off Premises Coverage FE-6486 Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY-REFER TO YOUR POLICY Prepared 3- /3- d°3 MAR 04 2003 C' ,nter g =• FP-8030.2C C76U '41f 0 p. 1 S Agent 06/1993 'A,VOR'LES Your policy consists of this page,any endorsements (6-.- 41-1163 and the policy form.PLEASE KEEP THESE TOGETHER. (o1f21721