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HomeMy WebLinkAboutC-5073 - PSA for West Newport Landscaping Revitalization ProjectN} AMENDMENT NO.ONE TO PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR WEST NEWPORT LANDSCAPING REVITALIZATION PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES A REEMENT U ( "Amendment No. ONE "), is entered into as of this 3iday of '12012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a California Corporation whose address is 151 Kalmus Drive, Suite M8, Costa Mesa, California 92626 ( "Consultant "), and is made with reference to the following: RECITALS: A. On February 9, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for landscape design services for the West Newport Landscaping Revitalization Project ( "Project "). B. City desires to enter into this Amendment No. ONE to reflect additional services not included in the Agreement 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 Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated November 28, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION Section 4.1 of the Agreement shall be 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 to the Agreement, as Exhibit B. Consultant's total amended compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Ninety Five Thousand, Seven Hundred Eighty Five Dollars and no /100 ($95,785.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 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 Twenty Two Thousand Dollars and no /100 ($22,000.00), without prior written authorization from City. 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ONE on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S FFICE Date: 3 i /Z- By: Aaron C. Harp ",,� City Attorney tI ATTEST: Date: J5',0' 12,- CITY OF NEWPORT BEACH, A California municipal corporation Date: S [1Aj1j -Z By: C. i s-_ Dave KiffJ City Manager CONSULTANT: DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a Califor Co oration Date:•�� �Z • olz President and Secretary Attachment: Exhibit A — Additional Services to be Performed DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 2 � 1� � �� Vii; 1 ` l� �� m A I �o 74 . OSS"14111 November 28, 2011 vi: 6dvalvde :Igri.can, . 1-10,110 O /Qc0 .' 151 Kalnms D}ivc ,Svlce. MO Costa Mosa. CA 92626 phone 714.641.1300 - Clty tdN Wp6A Beach ,' - .. - fnK 714.641.1023 Ms, Ms Lee; P:E - Conchelln Valley of(Ice - - 33601 NeNvport Boulevard. - 70060 Call6 Estadd Newport Beach;. CA ta'Qnlntz; CA 82250 - - phone 760.500.5165 fax 760.S6.0069 CITIZEN'S ADVISORY PANEL — WEST NEWPORT Neighborhood Coinuiftee Scope and Tees Scope pf Wdi,k for Neigliborhood Committ le The. following tasks arc'piopos.ed foi` the'preparatioii and participation in the Neighborhood Committee review oftlre; West Newport L:andsgape Inipj vemert piojecf. A hicoiporate. CAP meuiberaddenda request uito the approved project exhibits: 41 7 iteuis for Balboa Boillevaicl and a.'sirnilai number are alittclpatec for the West Newport exliibifs: B.. Prepare a boruid collection of the approved CAR eslrlbts as well as elech'aiio compiling of the exhibits for power point presentation..... C. Pfe'pare air Order of Maguitadepieliminary budget estimate for project construction costs: Tius will be' a planning level biidgef, detailecl acid ieseaictiedcost by item is not aliticipated to. be needed at, thisdesign stage: . .D.' Pieseiitpoject docuiiients to Neigliboiliood Cohlinittee at their me.etiirg on Decelbbei; 15, 2011.•., :.' ........ ..... E. Prepare additional services as iequired'and as duected by city staff. Cost f o r. additional Work 522:.000: DAVID. .V0JZ DESIGN o, LEED's Accredited Prpfessioual �d � utstgKfvt%� UmAsogPts Limearude eoimwnfta PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR WEST NEWPORT LANDSCAPING REVITALIZATION PROJECT THIS AGREEMENT AA PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of _ 012 by and between the CITY OF 1 NEWPORT BEACH, a California Municipal Corporation ( "City "), and, DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. a California corporation ( "Consultant'), whose address is 151 Kalmus Drive, Suite M8, Costa Mesa, CA 92626 and is made with reference to the following: 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 is planning to revitalize the landscaping in West Newport C. City desires to engage Consultant to provide landscaping design services for the West Newport Landscaping Revitalization Project (`Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be David J. Volz. F. 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 above written date, and shall terminate on December 31, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 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 to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, 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 Seventy - Three Thousand, Seven Hundred Eighty -Five Dollars and no /100 ($73,785.00) 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) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 2 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 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. 4.5 Notwithstanding any other provision of this Agreement, when payments made by City equal 90 % of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final Work under this Agreement 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 David J. Volz 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Iris Lee, Senior Civil Engineer or her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 3 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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 perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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. 8.3 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, or 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from 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. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 4 Nothing in this indemnity shall be construed as authorizing any award of attorney's 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. 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. 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 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 and /or his /her duly authorized designee 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 14.1 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. 14.2 Proof 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. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 5 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. 14.2.1 Consultant shall 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 Work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 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. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 6 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 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 and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements 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. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 Additional 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. 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 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 cotenancy, which shall result in changing the control of DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 7 Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization 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 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image 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. COMPUTER DELIVERABLES 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 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 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 8 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 CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY 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 authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work 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) 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 his /her 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. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 9 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 paragraph 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 The 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. 26. NOTICES 26.1 All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3323 Fax: 949 - 644 -3318 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 10 Attention: David J. Volz DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 Phone: 714 - 641 -1300 Fax: 714 - 641 -1323 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 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 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 discretion and without cause, of terminating this Agreement at any time by giving 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 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, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 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. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 11 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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 or age. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 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 and the same instrument. [SIGNATURES NEXT PAGE] DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 12 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: ( /L (o It L Aaron C. F1w City Attorney ATTEST: �� Date: 4,4 j • City Clerk Attachments: (1;r CITY OF N A CaliforniE Date: 7,/ in-G. Badum Works Director BEACH, corporation CONSULTANT: DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a California Corporation Date: /'r YJ - /.J . y: Volz President and Secretary [END OF SIGNATURES] Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. Page 13 EXHIBIT A DESIGN SERVICES A. Project Initialization Project start -up and document review. Initial site reconnaissance and discussions with project team. Review of presentation materials and prepare for first CAP (Citizen's Advisory Panel). B. Preliminary Design Meeting with Panel, CAP #1 Pre - meeting with city staff and support Denny Stone in his facilitation of the community meeting. Collect ideas and inspirations from panel. C. Preliminary Design Based upon input from the first panel meeting and direction from city staff, prepare exhibits and slides for panel review. This design work will include collaboration with city staff, collection and preparation of photos, graphics, and text for the panel's consideration. Meetings with city project team and preparation of up to four plan view panels and two dozen photos are anticipated to be a part of this work. D. Design Workshop with CAP, CAP #2 Pre - meeting with city staff and provide design support to Denny Stone in his facilitation of the community panel meeting. Annotation of plans and graphics, collection of ideas and input. E. Preparation of Draft Concept Plans As directed by city staff, DVD will prepare plan view graphics, conceptual layouts and sections for the landscape improvement plans. DVD will also provide planting pallets and representative pictures for review first by city staff, then by the citizen's panel. F. Design Workshop with CAP, CAP #3 Pre - meeting with city staff and provide design support to Mr. Stone in his facilitation of the meeting. Receive input on preliminary concept plans, annotate documents, receive direction on preparation of final concept plans. Home Office 151 Kalmus Drive, Suite. M8 Costa Mesa, CA 92626 NEWPORT BEACH LANDSCAPE PLAN phone 714.641.1300 {ax 714.641.1323 CITIZEN'S ADVISORY PANEL DESIGN SERVICES PROPOSAL Cooc hella Volley Office 7806 78060 Calle Estado September 2, 2011 La Quinta, CA 92253 Revised September 12, 2011 phone 760.580.5165 fax 760.561.0369 DESIGN SERVICES A. Project Initialization Project start -up and document review. Initial site reconnaissance and discussions with project team. Review of presentation materials and prepare for first CAP (Citizen's Advisory Panel). B. Preliminary Design Meeting with Panel, CAP #1 Pre - meeting with city staff and support Denny Stone in his facilitation of the community meeting. Collect ideas and inspirations from panel. C. Preliminary Design Based upon input from the first panel meeting and direction from city staff, prepare exhibits and slides for panel review. This design work will include collaboration with city staff, collection and preparation of photos, graphics, and text for the panel's consideration. Meetings with city project team and preparation of up to four plan view panels and two dozen photos are anticipated to be a part of this work. D. Design Workshop with CAP, CAP #2 Pre - meeting with city staff and provide design support to Denny Stone in his facilitation of the community panel meeting. Annotation of plans and graphics, collection of ideas and input. E. Preparation of Draft Concept Plans As directed by city staff, DVD will prepare plan view graphics, conceptual layouts and sections for the landscape improvement plans. DVD will also provide planting pallets and representative pictures for review first by city staff, then by the citizen's panel. F. Design Workshop with CAP, CAP #3 Pre - meeting with city staff and provide design support to Mr. Stone in his facilitation of the meeting. Receive input on preliminary concept plans, annotate documents, receive direction on preparation of final concept plans. G. Preparation of Final Concept Plans As directed by city staff, DVD will prepare final plan view graphics, concept layouts, and sections for the landscape improvements. These documents will include concept level thirty scale plans of potential layouts for sample sections of each roadway, conceptual planting palettes for each street identification of conceptual street furnishings and median and landscape layout concepts. H. Final Concept Plans Review with Panel, CAP #4 Pre- meeting with city staff and provide design support to Mr. Stone as he facilitates the panel's discussion. Annotate documents, and receive direction on revisions of final concept plans. I. Prepare Revised Final Concept Plans (services to be determined /if needed) As directed by city staff, DVD will provide revisions to the final concept plans prepared in earlier stages of this project. Prepare all graphics and plans for delivery to city staff. Assist city in finalizing concept documentation. Optional Services OS1 Additional Meetings and Additional Concept Plans OS2 Artist Renderings and Photo Simulations OS3 Presentations to City Council or Others OS4 Cost Estimates and Engineering Services OS5 Revisions and Additional Concept Plans, New Graphics, Report Preparation, Additional Meetings, etc. EXHIBIT B West .. . . Ci�y of NewporE Beack ESTIMATED HOVRS Task5 $175 $145 $135 $12, 90 Hours PHASEI 1. Site reconnaissance 4 4 8 S 1,280.00 2. Project team coordination 8 4 12 S 1,980.00 3. Materials review and meeting preparation 2 6 8 S 1220.00 Subtotal 14 14 0 0 0 28 S 4.480.00 1. Pre - meeting and CAP meeting 4 4 8 $ 1,280.00 2. Meeting summary 4 4 $ 580.00 Subtotal 4 8 0 0 0 12 $ 1.86000 1. Project preliminary design 10 40 22 72 $ 10300.00 2. Exhibit preparation 4 16 2 22 $ 2,760.00 3. Colaborations with city project team 4 4 8 $ 1,280.00 4. Example photos and project photos 8 8 '_ 18 S 1260.00 5. Site view graphics preparation 2 8 8 18 S 2,510.00 Gihbn.il 16 56 1 8 1 54 1 4 1 138 S 19,110.00 1. Pre - meeting and CAP meeting 4 4 8 $ 1.280.00 2. Meeting summary and follow -u 4 2 6 $ 940.00 _. ..._ _ _ Subtotal 4 8 ll 0 2 14 S 2.220.00 E. • . of • -. ' 1. Draft Concept Plans Design 14 48 12 12 86 S 12,530.00 2. Exhibit preparation 12 12 S 1,500.00 3. Colaborations with city project team 4 4 8 $ 1,280.00 4. Conceptual layout graphics preparation 8 8 $ 1,000.00 5. Planting palette and pictures 2 4 12 8 26 $ 3,550.00 Subtotal 20 56 24 40 0 140 4 1,,8".00 Onvid oeln I1110exign 9/2/11 Revised 9/12/2011 Page 1 W. 72Meeting meeting and CAP meeting 4 4 8 $ 1.280.00 summary and follow -up 4 2 6 $ 580.00 Subtotall 4 8 1 0 0 2 6 $ 1.860.00 G. Ptepate Final Concept r 1. Final concept plan design services 1 8 40 8 13 69 $ 9,905.00 2. Exhibit preparation 8 8 $ 1,000.00 3. Colaborations with city project team 4 4 8 $ 11280.00 4. Final concept graphics preparation 8 12 20 $ 2,660.00 5. Finalize planting palettes 2 4 4 10 $ 1,330.00 6. Finalize recommendations and design description 4 12 4 4 24 $ 3,340.00 Subtotal 16 66 16 37 4 139 S 19.515.00 Concept . r 1. Pre - meeting and CAP meeting 4 4 8 $ 1,640.00 2. Meeting summary and follow -up 4 2 6 $ 940.00 Subtotal ,l 8 U 0 2 6 $ 2.SSO.MI. 1. Prepare revisions /adenda as directed 0 TBD /if needed 2. Package all deliverables 4 4 $ 500.00 3. Finalize concept documentation 0 TBD/ if needed qubtotal 4() 0 4 0 4 $ 500.00 1. As required 0 As Re nested Subtotal 0 U 0 U $ - HOURS 1 EXTENSIONS AVERAGE BILLING PATE $175 $145 $135 $105 90 EXTENSION PHASE I I .1 $6.480 $14,175 1260 Printing -r •r r :•• •• TOTAL PROPOSED SERVICES BVDGET $ 73,785.00 PRI= Principal PLA= Project Lan450pe Architect PP= Project Professional CT= 004 Tech A= Acimin M"V141 rNN ilea 9/2111 Revised 9/12/2011 Page 2 CERTIFICATE OF LIABILITY INSURANCE 2i712M 2� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aimee La Rue NAME PHONE (714)731 -7700 FAC Not; (714)T31 -7750 Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A299 a DD.eS, Aimee @cornerstonespecialty.com PRODUCER 00000715 INSURE 5 AFFORDING COVERAGE NAIC9 Irvine CA 92604 INSURED INSURERA:Traveler5 Property Casualty CO 25674 INsuaERa:Travelers IndearnitV Cc of Conn 25682 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC. INSURER Argonaut Insurance Company 151 Kalmus Drive, Ste. M -8 INSURER D: A NSURER E: X Costa Mesa CA 92626 -5980 INSURER F: /14/2012 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INS INSR SUBR WO POLICY NUMBER POLICYHFP MMIDD POLICY EXP MMIDO LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES A ao On '$ 300,000 A CLAIMS -MADE FXI OCCUR X 680- 3493N995 /14/2011 /14/2012 MED EXP (Any one person) 5 5,000 PERSONAL B ADV INJURY $ 1,000,000 X ADDTL INSURED /PRIMARY PER FORM N SE- 300176 -B X I BLNKT WVR OF SUBROGATION GENERALAGGREGATE $ 2,000,000 AS REQUIRED BY WRITTEN GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 CONTRACT 5 POLICY X PRD LOG ONTRACTUAL LIAB INCLD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acdd. rat) S 1,000,000 B ANY AUTO ALL OWNED AUTOS - 3506N461 /14/2011 /14/2012 BODILY INJURY (Per person) S BODILY INJURY (Per accident) 5 ]xx SCHEDULED AUTOS HIRED AUTOS (P rota ent) GE (Precdtlen0 s NON -OWNED AUTOS S UMBRELLA DAB OCCUR EACH OCCURRENCE 5 AGGREGATE S EXCESS LIAD C!yM5 -MADE OEDUCRBLE S S RETEMION 5 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y� X WCSTATU- 0M TORY - ANY PROPMETOR/PARTNEVEXECl1TNE EL EACH ACCIDENT 5 1,000,000 OFFICERM1ELISER EXCLUDED) (Mandatory In NH) NIA JUS- 2981T20 -0 /14/2011 /14/2012 E- DISEASE - EA EMPLOYE $ 1 000,000 R es desrnDe antler DESCRIPTION OFOPERATIONS M. EL. DISEASE - POLICY LIMIT 5 1 000 000 C PROFESSIONAL LIABILITY AE11805 -01 /14/2011 /14/2012 EACH CLAIM $1,000,000 Clalms Made ANNUALAGGREGATE $2,000.,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anacll ACORD 101, Additional Remarks Schedule, if mom space Is required) RE: The West Newport Landscaping Revitalization Project. Certificate Folder is Additional Insured for General Liability but only if required by written contract with the Named Insured orior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. Workers' Comp waiver of subrogation endorsement included. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. Attn: Angela Liu AUTHORIZED REPRESENTATIVE 3300 Newport Blvd. Newport Beach, CA 92658 Aimee La Rue /AIMEEL ©1988 -2009 ACORD CORPORATION. All rights reserved. (NS025 (200909) 1 ne AL,UKu name ana logo are reglslerea marKS or Awrcu POLICY NUMBER: 680- 3493N995 COMMERCIAL GENERAL LIABILITY NAMED INSURED: David Volz Design Landscape POLICY PERIOD: 3/14/11 - 3/14/12 Architecture, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; lo. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following, is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "b'odily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily Page 1 of 2 © The Travelers Companies, Inc. CG D3 891 09 07 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury" offense is committed. .'property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 © The Travelers Companies, Inc. CG D3 891 09 07 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. INSURED: David Volz Design Ladscape Architecture, Inc. POLICY DATES: 3/14/11 - 3/14/12 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) - 001 POLICY NUMBER: XJUB- 2981T20 -0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2 -06 -12 Dept. /Contact Received From: Tania Date Completed: 2 -07 -12 Sent to: Tania By: Joel Company /Person required to have certificate: David Volz Design Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 3- 14- 201113 -14 -2012 A. INSURANCE COMPANY: Travelers Property Casualty Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided ?) include): Is it included? (completed Operations status does F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVEIEXPIRATION DATE: 3 -15- 11/3 -14-12 A. INSURANCE COMPANY: Travelers Indemnity Co of Connecticut B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1000,000 CSL E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): N NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ NIA N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 3 -14- 11/3 -14 -12 A. INSURANCE COMPANY: Travelers Property Casualty Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 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: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 2 -07 -2012 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract.