HomeMy WebLinkAboutC-5611 - PSA for Back Bay View ParkIri
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH MONICA SIMPSON, A LANDSCAPE ARCHITECT PC FOR
BACK BAY VIEW PARK
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ("Agreement') is made and entered into as of this 8th day of April, 2015
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City'), and MONICA SIMPSON, A LANDSCAPE
ARCHITECT PC, a California corporation ("Consultant'), whose address is 305 N.
Coast Hwy, Suite T, Laguna Beach, CA 92651, and is made with reference to the
following:
RECITALS
A. On September 25, 2013, City and Consultant entered into a Professional
Services Agreement ("Agreement') for the preparation of conceptual plans and
planting bid documents for the Back Bay View Park defining the general concept
of landscape architecture design and development and a budgetary estimate of
probably construction cost for that scope of work based upon the approved
concept ('Project').
B. On June 18, 2014, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement and to increase the total compensation.
C. On September 4, 2014, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to reflect additional services not
previously included in the Agreement and to increase the total compensation.
D. City desires to enter into this Amendment No. Three to reflect additional Services
not included in the Agreement, as amended, to extend the term of the Agreement
to June 30, 2016 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: 'The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment One, Exhibit A to
Amendment No. Two, and Exhibit A to Amendment No. Three shall collectively be
known as "Exhibit A." The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Twenty Two
Thousand Seven Hundred Twenty Dollars and 00/100 ($22,720.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Six
Thousand Dollars and 00/100 ($6,000.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Monica Simpson, A Landscape Architect PC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT R(4EY'S OFFICE
Date:
aNL--,
By:
Aaron C. Harp
City Attorney
ATTEST: ���
Date: '4 )
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: �- ed -
Br- --J
al' David A. Webb
Public Works Director
CONSULTANT: Monica
Landscape Architect PC,
corporation
Date:
By: By-
Leilani I. Brown ica L.
City Clerk President
t
%2FoRNrP
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Simpson, A
a California
Monica Simpson, A Landscape Architect PC Page 3
EXHIBIT A
SCOPE OF SERVICES
Tasks include:
Attend two additional site meetings to review progress of construction, review
submittals.
2. Prepare as built construction drawings.
3. Additional services as requested to complete the Project.
Monica Simpson, A Landscape Architect PC Page A-1
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH MONICA L. SIMPSON, A LANDSCAPE ARCHITECT PC FOR
BACK BAY VIEW PARK
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 4th day of September, 2014
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and MONICA L. SIMPSON, A
LANDSCAPE ARCHITECT PC, a California corporation ("Consultant'), whose address
is 364 Nyes Place, Laguna Beach, California 92651, and is made with reference to the
following:
RECITALS
A. On September 25, 2013, City and Consultant entered into a Professional
Services Agreement ("Agreement') for the preparation of conceptual plans and
planting bid documents for the Back Bay View Park defining the general concept
of landscape architecture design and development and a budgetary estimate of
probably construction cost for that scope of work based upon the approved
concept ("Project').
B. On June 18, 2014, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One') to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. City desires to enter into this Amendment No. Two to reflect additional Services
not included in the Agreement, as amended, and to increase the total
compensation.
D. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One
and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Sixteen
Thousand Seven Hundred Twenty Dollars and 00/100 ($16,720.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Two Thousand Three Hundred Ten Dollars and 00/100 ($2,310.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Monica L. Simpson, A Landscape Architect PC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2/21 // y
By: C',— -1C �—
A ro C. Harp
City Attorney
ATTEST:�(�
Date: q.I
qmv
i�N r/_
Leilani 1. •,
City
h2c.jFoa7:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David ebb
Public Works Director
CONSULTANT: Monica L. Simpson, A
Landscape Architect PC, a California
corporation
Date:
By: v/ ivUU,
M ica Simpso
President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Monica L. Simpson, A Landscape Architect PC Page 3
EXHIBIT A
SCOPE OF SERVICES
Monica L. Simpson, A Landscape Architect PC Page B-1
July 31, 2014
Patrick Arciniega, Senior Civil Engineer
City of Newport Beach Public Works Dept.
100 Civic Center Drive
Newport Beach, CA 92658
Subject: Back Bay View Park Landscape -Contract 5611
Change Order
Dear Patrick:
This letter is to request Additional Services on the subject project. The scope of these services will
be to attend additional meetings not in the contract and revise 95% Construction/Bid Documents
for the above referenced project.
SCOPE OF SERVICES
Tasks
1. Attend three additional meeting to review and coordinate the work.
2. Revise Construction Documents and Bid Forms.
3. Prepare Engineers Estimate.
FEES AND TERMS
Services described above will be provided on a time basis in accordance with the terms and
conditions in the Master Contract Agreement dated October 3, 2013 and made part of this
Agreement by reference. Fees for Professional Services are estimated not to exceed Two Thousand
Three Hundred and Ten Dollars ($2,310.00) without further authorization.
I would be pleased to answer questions you may have or to clarify the various points above.
Sincerely yours,
Monica Simpson ASLA
Monica Simpson
President
Landscape Architect, CA License #3835
Landscape Architects are licensed by the State of California
EXHIBIT B
SCHEDULE OF BILLING RATES
The additional services pursuant to this Amendment No. One shall not exceed
Two Thousand Three Hundred Ten Dollars and 00/100 ($2,310.00).
Monica L. Simpson, A Landscape Architect PC Page B-2
AMENDMENT NO. ONE TO
V PROFESSIONAL SERVICES AGREEMENT
WITH MONICA L. SIMPSON, A LANDSCAPE ARCHITECT PC FOR
BACK BAY VIEW PARK
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 18th day of June, 2014
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City'), and MONICA L. SIMPSON, A
LANDSCAPE ARCHITECT PC, a California corporation ("Consultant"), whose address
is 364 Nyes Place, Laguna Beach, CA 92651, and is made with reference to the
following:
RECITALS
A. On September 25, 2013, City and Consultant entered into a Professional
Services Agreement ("Agreement") for the preparation of conceptual plans and
planting bid documents for the Back Bay View Park defining the general concept
of landscape architecture design and development and a budgetary estimate of
probably construction cost for that scope of work based upon the approved
concept ("Project').
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement and to increase the total compensation.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One
and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Fourteen
Thousand Four Hundred Ten Dollars and 00/100 ($14,410.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eight Hundred Thirty Dollars and 00/100 ($830.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Monica L. Simpson, A Landscape Architect PC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY A
Date:
S OFFICE
Aaron C. Harp
City Attorney
ATTEST: C// . 15,
Date:
By: &M "" bAM"'—'
Leilan
I. Brown
City Clerk
U
SPU RNX
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: d,-
By:f✓/
David A. Webb
Public Works Director
CONSULTANT: Monica L. Simpson, A
Landscape Architect PC, a California
corporation
Date: QUNV� /D� To1
BYAM4�0
Monica SlmpWj
President
Date:
By:
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[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Monica L. Simpson, A Landscape Architect PC Page 3
EXHIBIT A
SCOPE OF SERVICES
Additional Services to provide an irrigation modification plan for the Project:
1. Prepare an irrigation schematic plan for new grass areas, add sheets to
bid set.
2. Coordinate work with the City's Project team
Monica L. Simpson, A Landscape Architect PC Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
The additional services pursuant to this Amendment No. One shall not exceed
Eight Hundred and Thirty Dollars and 00/100 ($830.00).
Monica L. Simpson, A Landscape Architect PC Page B-1
ry PROFESSIONAL SERVICES AGREEMENT
J WITH MONICA L. SIMPSON, A LANDSCAPE ARCHITECT PC FOR
BACK BAY VIEW PARK
U THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 25th day of September, 2013 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and MONICA L. SIMPSON, A LANDSCAPE ARCHITECT PC, a California
professional corporation ("Consultant"), whose address is 384 Nyes Place, Laguna
Beach, CA 92851, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to prepare conceptual plans and planting bid
documents for the Back Bay View Park defining the general concept of
landscape architectural design and development and a budgetary estimate of
probable construction cost for that scope of work based upon the approved
concept ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 31, 2015, unless terminated earlier as set forth herein.
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
• •►n
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Thirteen
Thousand Five Hundred Eighty Dollars 0001100 ($13,580.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
Monica L. Simpson, A Landscape Architect PC Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Monica L. Simpson,
ASLA to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval shall
not be unreasonably withheld with respect to the removal or assignment of non -key
personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Senior Civil Engineer or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
Monica L. Simpson, A Landscape Architect PC Page 3
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
Monica L. Simpson, A Landscape Architect PC Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
Monica L. Simpson, A Landscape Architect PC Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25°1x) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
Monica L. Simpson, A Landscape Architect PC Page 6
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
Monica L. Simpson, A Landscape Architect PC Page 7
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
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 to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
Monica L. Simpson, A Landscape Architect PC Page 8
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Patrick Arciniega, Senior Civil Engineer
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Monica L. Simpson, ASLA
Monica L. Simpson, A Landscape Architect
364 Nyes Place
Laguna Beach, CA 92651
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
s
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
Monica L. Simpson, A Landscape Architect PC Page 9
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven {7} calendar days` prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rales, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
Monica L. Simpson, A Landscape Architect PC Page 10
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 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, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Monica L. Simpson, A Landscape Architect PC Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:—q - I'I - I -�
By: 1
Aaron . . Harp
City A� rney 0
ATTEST: &-3—,0Date:
-2
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David A. Webb
A'
Director of Public Works
CONSULTANT: Monica L. Simpson, A
Landscape Architect PC, a California
profession co�pporation
Date: li3 '
By: (/ " "
nica L. SKd2jef
President a F
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
cieWOfficer
Monica L. Simpson, A Landscape Architect PC Page 12
i*A
SCOPE OF SERVICES
Monica L. Simpson, A Landscape Architect Page A-1
BACK BAY VIEW PARK
EXHIBIT A
Scope of Services
Monica Simpson ASLA (MSASLA) shall prepare Conceptual Plans and Planting Bid Documents defining the
generalconcept of landscape architectural design and development and a budgetary estimate of probable
construction cost for that scope of work based upon the approved concept,
Task 1 Conceptual Plan:
1. Attend project Kickoff, Visit Site, Review available existing pertinent data, provided by the Client,
in the form of existing plans, aerial photographs, phasing, schedule, and timeline.
2. Visit site to document current planting locations —take field measurements as appropriate.
3. Prepare conceptual landscape plans for two phases of project work. Phase One— planting
improvements only, Phase two - added features including shade structure, fencing, art and site
furniture.
A. Prepare cross sections and elevations to illustrate planting layers.
5. Prepare image photographs to convey the landscape design Intent.
6. Attend up to 2 project team meetings to review and coordinate the work.
7. Revise the plan one time based on the Client's input and prepare final Illustrative.
B. Prepare Conceptual Opinion of Costs for project.
Task Landscape Bid documents and Construction Observation—Phase One
Upon Client's approval of the concept development plans and preliminary cost estimate, M Simpson ASLA
will develop working drawings and technical sections of specifications to construct Phase One of the work
The client shall provide technical sections of specifications. Client shall be responsible for Bidding and
Contract Requirements and General Requirements divisions of the specifications.
1. Prepare AutoCAD Base Sheet
2. Prepare construction documentation for planting and soil amendments. We estimate the
following sheet schedule:
Description Sheet Number
Cover Sheet L-1
Demo Plan L-2
Planting Plan L-3
Planting Details L -a
Planttng Notes L -S
City of Newport Beach
Back Bay View Park
M Simpson ASLA
Exhibit A
3. Attend up to two meetings with project team to review and coordinate work.
4. Review of Final Documents with City staff, revise plan onetime prior to submittal.
5. Attend one pre bid meeting atthe request of Client.
6. Attend one Kick off meeting with contractor and client..
7. Attend two site visits to review and coordinate the work.
EXCLUSIONS TO SCOPE OF SERVICES
The Client shall provide the following information or services as required for performance of the work.
Should MSASLA be required to provide services in obtaining or coordinating compilation of this
information, such services shall be charged as Additional Services. MSASIA assumes no responsibility for
the accuracy of such Information or services, may rely on the accuracy of such information, and shall not
be liable for error or omissions therein.
A. Topography and boundary surveys in digital format.
B. Legal descriptions of property.
C. Soils Investigations and/or engineering
D. Existing site engineering and utility base Information.
E. Site environmental information required for planning processing.
F. Economic or market analyses.
G. Overhead aerial photographs at controlled scale.
H. Perspective renderings or other graphics.
I. Irrigation Plans.
Services described above shall be provided on an hourly basis.
Fee for Professional Services shall not exceed $13,580.00 without further authorization. See Attached Fee
Allocation Sheet.
Reimbursable expenses are estimated at $1,500.00
EXHIBIT B
SCHEDULE OF BILLING RATES
Monica L. Simpson, A Landscape Architect Page B-1
City of Newport Beach Fee Allocation Worksheet
Back Bay View Park
M SIMPSON ASIA
August 27, 2013
Task 1 Construction Documents, Bidding and Observations
Prepare Autocadd Base
Principal @ Associate@ CAD @
Total
$450
Prepare Planting Plan and Details (1 "=30'min.)
$150/hr
$110/hr $8S/hr
Hours
Total Fees
Task 1 Concept Landscape Plans
4
$600
Review the drawings with the Client
2
Project Kick Off with Staff, Visit the site
3
Revise Drawings One time
3
$450
Site Visit to measure and record exisiYng vegetation
3
3
6
$780
Prepare Sketch Trace plans for Phase One and Two
8
8
16
$2,080
Prepare image boards, sketches for structures and planting
2
6
8
$960
Prepare Cross Sections
2
8
10
$1,180
Prepare for, attend review meeting with staff
3
1
4
$560
Prepare Conceptual Cost Opinion
4
4
$440
Revise Plan one time - Final Illustrative and Phasing Plan
4
10
14
$1,700
Subtotal
25
40
65
$8,1 SO
Task 1 Construction Documents, Bidding and Observations
Prepare Autocadd Base
1
8 9
$450
Prepare Planting Plan and Details (1 "=30'min.)
2
3 18 23
$2,160
2 Meetings with City to coordinate work
4
4
$600
Review the drawings with the Client
2
2
$300
Revise Drawings One time
4 4
$340
Attend One Pre bid Meeting
2
2
$300
Attend Construction Kick Off
2
2
$300
Attend two site visits
4
4
$600
Subtotal
17
3 30 50
$5,050
Grand Total Manhours and Fee 42 43 30 115 $13,580
Grand Total Fee $6,300 $4,730 $2,SSO $13,580
M ' M _ 1. d. ►. r.
Rate Sheet
Landscape Architectural Services shall be provided on a time basis computed as follows!
Staff Rate / Hour
Principal
$150.00
Associate/Designer
$110.00-130.00
Staff/Cad Drafting
$85.00
Administrative
$60.00
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
MonicaSimpson, Landscape a
vehicles, in an amount not less than one million dollars ($9,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
Monica L. Simpson, A Landscape Architect Page C-2
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Reguirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Monica L. Simpson, A Landscape Architect Page C-3
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is
entered into, I shall not employ any person in any manner so as to become subject to the
Workers' Compensation Laws of the State of California.
Executed on this , �y Day ofA %-1ee&013, at Laguna Beach, California
Monica L Simpson, Owner
Monica Simpson ASLA
AC4ORbr CERTIFICATE OF LIABILITY INSURANCE F
I 09/30=13Y'
THIS CERTIFICATE IS ISSUED A$ A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, F)CIIEND 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(in) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and Conditions of the polity, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Kim Forsyth Insurance Agency Inc.
NAME:ICT Kim ForsythPHONE
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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.
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ADDITIONAL INSURED:
CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
CERTIFICATE HOLDER CANCELLATION
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
100 CIVIC CENTER DRIVE
AUTHO I ; �jED REPRESENTA11W t �
NEWPORT BEACH, CA 92660
®1388-20 0 ACORD CORPORATION. All rights reserved.
ACORD 25 {2010105) The ACORD name and logo are registered marks Of ACORD 1001486 132849.8 01.23.2013
uLlm Policy No.: 92 CDK584 0
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SECTION II ADDITIONAL INSURED ENDORSEMENT ,.+
Policy No.: 92 CDK584 0
Named Insured: MONICA SIMAPSON A LANDSCAPE ARCHITECT CORPORATION
DBA MONICA SIMPSON ASLA
CITY OF NEWPORT BEACH, IT'S OFFICERS, OFFICIALS, EMPLOYEES AND
VOLUNTEERS
100 CIVIC CENTER DRIVE
NEWPORT BEACH, CA 92660
WHO IS AN INSURED, under SECTION 11 DESIGNATION OF INSURED, is amended to include as
an insured the Additional Insured shown above, but only to the extent that liability is imposed on that
Additional Insured solely because of your work performed for that Additional Insured shown above.
Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a
suit brought for damages for which you are provided coverage.
The Primary Insurance coverage below applies only when there is an "X" in the box.
® Primary Insurance. The insurance provided to the Additional Insured shown above shall be
primary insurance. Any insurance carried by the Additional Insured shall be noncontributory
with respect to coverage provided to you.
All other policy provisions apply.
fE-8808 PriMea In U.S.A.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9127/13 Dept./Contact Received From: Vladimir
Date Completed: 1013/13 Sent to: Vladimir By: Chris
Company/Person required to have certificate: Nfonica Simpson A Landscape Architect
Type of contract: All Others
I. GENERAL LIABILITY
AM BEST RATING (A-: Vii or greater) A:XV
EFFECTIVE/EXPIRATION DATE: 4/4/13-4/4/14
A.
INSURANCE COMPANY: State Farm Fire and Casualty Company
ADMITTED COMPANY (Must be California Admitted):
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
E Yes
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,0007000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
E
LIMITS Waiver of Auto insurance / Proof of coverage (if lndKgduai)
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
❑ No
G.
its officers, officials, employees and volunteers): Is it
❑ N/A
❑ Yes
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
E Yes
❑ No
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L-
NOTICE OF CANCELLATION:
❑ NIA E Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/8/13-3/8/14
A. INSURANCE COMPANY: State Farm Fire and Casualty Company
B.
AM BEST RATING (A-: Vii or greater) A:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes
❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto insurance / Proof of coverage (if lndKgduai)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
E N/A
❑ Yes
❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
E No
H.
NOTICE OF CANCELLATION:
❑ N/A
E Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: Signed Exemption Form 10/3/13
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
[]Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® NIA ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
10/3/13
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
--------------------------------------------------------------------------------------------------------------------------
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.