HomeMy WebLinkAboutC-5651 - PSA for Lower Castaways Park)s
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I AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
Cj WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR
LOWER CASTAWAYS PARK
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. One') is made and entered into as of this 25th day of March, 2014
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "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:
RECITALS
A. On November 6, 2013, City and Consultant entered into a Professional Services
Agreement ( "Agreement') to engage Consultant to provide an initial planning
map identifying potential park uses for the Lower Castaways Park Properties
( "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 dated February 21, 2014, attached hereto and incorporated herein by
reference ( "Services" or "Work"). Exhibit A of the Agreement and Exhibit A of
Amendment No. 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
2.1 City shall pay Consultant for the Services in accordance with the
provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B
and incorporated herein by reference. Exhibit B of the Agreement and Exhibit B of
Amendment No. One shall collectively be known as "Exhibit B ".
2.2 Section 4.1 of the Agreement shall be amended in its entirety and
replaced with the following: Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant fees,
shall not exceed Thirty-Eight Thousand Seven Hundred Fifty -Five Dollars and 001100
($38,755.00), 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.
2.3 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 -Four Thousand Three Hundred Fifty -Five Dollars and 00/100
($24,355.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
David Volz Design Landscape Architects, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S -1,$ - I4
By: 11km 4kk
Aaron C. Harp
City Attorney
ATTEST: ZZ I
Date:
By:am
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a Californ'11a rrlunicipal corporation
Date: ' I -"1 �1' t
By: ' J
David" A. W
Public Works Director
CONSULTANT: David Volz Design
Landscape Architects, Inc., a California
corporation
Date:
ON
By:•
D Volz
President and Secretary
Date:
By:
G ryV s uez
Principal Director of Design
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
David Volz Design Landscape Architects, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
David Volz Design Landscape Architects, Inc. Page A -1
February 21, 2014
Lower Castaways Park— Initial PlanninE May Phase II
Concept Development and Commission Reviews
David Volz Design (DVD) proposes to update initial planning map concepts that were
presented at the ad -hoc committee hearing on November 5, 2013. These concepts A and
B show potential park uses for the bower Castaways Park Properties in the City of
Newport Beach, The city is interested in exploring potential park uses for the property
within the proj act area.
The project is envisioned to include natural habitat areas, bayside park uses and access to
the water for boats, for viewing, and for fishing. Other elements already identified for the
site are passive and active recreation, parking and restrooms, bicycle facilities,
interpretative opportunities and environmental education. These and other ideas will be
further explored through the process described below:
SCOPE OF WORK
The primary project area includes the properties directly south of the developed
Castaways Park between Dover Drive and the bay and south to Pacific Coast Highway.
The proposed planning map concept development process will update the alternative park
development maps presented at the ad -hoc committee meeting on November 5, 2013.
The following tasks have been identified for the preparation of updated sketches
depicting ideas for possible project layouts.
PHASE II CONCEPT DEVELOPMENT
1. Update Initial Planning Maps
a. Prepare informed site concept plans based upon input from the "ad -hod'
committee.
b. Prepare annotated project boards for review
c. Prepare Draft planning map documents, maps, sketches and letter report
d. Meet with City Staff and stakeholders to review work to date
e. Receive direction and document input
f. Finalize Draft Planning Map components and letter report
g. Staff review
Scope of Work
Page 2 of 2
2. 3D Imaging
a. Develop 3D computer model of proposed planning map
b. Prepare preliminary oblique views of the proposed improvement concepts
Draft Planning Map Deliverables
• Concept Map Graphics and Section
• 3D Computer simulation model
• Perspective images of the proposed improvements
3. Presentation of Concept Sketches
a. Staff (as needed)
b. Stakeholders/Ad -hoc Committee, 2 anticipated
c. Reviewing Bodies /commissions, 2 anticipated
d. Council Study Session, 1 anticipated
Not Included:
• Design Development
• Traffic Engineering
• Floor plans of proposed structuresibuildings
• Environmental Documentation
Meetings
• Staff , as needed
• Stakeholders, include those individuals or groups of focus groups identified by
staff (5 meetings anticipated)
Lower Castaways Park IDWID
Phase II Concept Development February 3, 2014
Lower Castaways Park— Initial Planning Maw Develollment
SEPTEMBER 23, 2013
David Volz Design (DVD) proposes to develop an initial planning map identifying
potential park uses for the Lower Castaways Park Properties in the City of Newport
Beach. The city is interested in exploring potential park uses for the properties within the
project area. The project is envisioned to include natural habitat areas, bayside park uses
and access to the water for boats, for viewing, and for fishing. Other elements already
identified for the site are passive and active recreation, paring and restrooms, bicycle
facilities, interpretative opportunities and environmental education. These and other
ideas will be explored through the process described below:
SCOPE OF WORK
The primary project area includes the properties directly south of the developed
Castaways Park between Dover Drive and the bay and south to Pacific Coast Highway.
The proposed planning map study process will explore and include the possibility of
accommodating several alternative park development opportunities. The following tasks
have been identified for this study.
Task One — Preliminary Study
1. Initial Kick -off Meeting with City Project Team
a. Review project criteria and program objectives
b. Review procedures and design schedule
c. Assign calendar dates to each milestone
d. Identify planning and research documents including data collections compiled
by the city and the Harbor Commission, and identify potentially useful
information
2. Analysis of Opportunities and Constraints for Developments on this Site
a. Catalog restrictions associated with site constraints within the site properties
b. Collect and document agreements with and expectations to deed restrictions.
c. Identify oversight agencies and possible development criteria
d. Prepare map of findings, planning base map
Task Two – Planning Map Development Process
1. Draft Planning Map Development
a. Visioning Workshop with Staff and /or Stakeholders
• Review history and project objectives
• Site tour (if applicable)
• Review snaps and findings to date
Scope of Work
September 23, 2013
Page 2 of 3
• Collect ideas and input
• Develop design ideas for project areas, site circulation, connections, etc.
b. Record and analyze input received at workshop
c. Meet with city staff (and stakeholders) to review and process information
obtained to date
2. Develop Concept Plans
a. Develop initial plans and layouts that define park areas and development
opportunities
b, Render rough concept plans and prepare character sketches and letter report
describing concepts and park elements
c. Define on -site development areas and circulation patterns (bubble diagram)
d. Meetings with stakeholders, as directed by staff
• Meet with stakeholder groups and regulatory agencies to inform them of
the project, create interest and solicit input. Three meetings or
presentations anticipated.
e. Document input and findings
f Meeting with Staff to review input and receive design direction
g. Refine documents and update project report with findings
3. Prepare Initial Draft Planning Map(s)
a. Prepare informed site concept plans based upon work to date.
b. Prepare annotated project idea boards for review
c. Prepare initial Draft planning map documents, maps, sketches and letter report
d. Meet with City Staff and stakeholders to review work to date
e. Receive direction and document input
f. Finalize Draft Planning Map components and letter report
g. Staff review
Draft Planning Map Deliverables
• Draft Planning Map Graphics and Displays
• Display map depicting proposed park development for the project area
4. Presentation of Final Documents
a. Staff (as needed)
b. Stakeholders, 2 anticipated
c. Reviewing Bodies, 2 anticipated
Scope of Work
September 23, 2013
Page 3 of 3
Not Included:
• Site Survey
• Park Master Planning, Design Development
• Traffic Engineering
• Floor plans of proposed structuresibuildings
• Habitat mitigation design, beyond conceptual drawings
• Environmental Documentation
Assumptions
• City will provide vertical and horizontal datum information for the survey field
work
• Design development construction documents, engineering, permitting, etc. will be
a future phase of the design work,
Meetings
• Staff, as needed
• Stakeholders, include those individuals or groups of focus groups identified by
staff (5 meetings anticipated)
EXHIBIT B
SCHEDULE OF BILLING RATES
David Volz Design Landscape Architects, Inc. Page B -1
February 21, 2014
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TASK
PROPOSED
INVOICED
Initial Planning Services per letter dated revised October 14, 2013 and Invoice 0421045 on
November 11, 2013:
1. Initial Meetings and Review $ 2,840.00 $ 2,825.00
2. Alternative Layout Sketches $ 11,100.00 $ 11,093.00
3. Reimbursables $ 500.00 $ 92.80
$ 14,400.00 $ 14,009.03
Initial Planning Map Services Phase II per letter dated February 3, 2014 and Invoice
#421072 on Feb. 7, 2013
1. Update Initial Planning Maps $ 10,905.00
2. 3D imaging $ 9,450.00
3. Presentations of Concept Sketches $ 3,500.00
4. Reimbursables $ 500.00
$ 24,355.00
Initial Planning Map Services Phase II — Services thru March 2014.
1. Update Initial Planning Maps $ 10,905.00
2. 3D imaging $ 9,450.00
3. Presentations of Concept Sketches $ 3,500.00
4. Reimbursables $ 500.00
$ 24,355.00
TOTAL FOR ALL SERVICE TASKS $38,755.00
s
$ 10,858.75
$ 0.00
$ 0.00
0.00
$ 10,858.75
$ 46.25
$ 9,450.00
$ 3,500.00
$ 500.00
$ 13,496.25
$38,364.03
Hoene ott&o
Fong SB
9
151 Kalmus prive,Suim.MB
City of Newport Beach
Costa Mesa, CA 92626
phone 714,641.1300
Public Works Department
fax 714.641.1323
3300 Newport Blvd.
Newport Beach, Ca 92663
Coachella' Valley o[jce
78060 Calle Estado
La Quints, CA 92253
phone 760.580.5165
fox 760564.0369
RE: Lower Castaways Park Services provided to date and
Proposed Services for the
project thru February 28, 2014
TASK
PROPOSED
INVOICED
Initial Planning Services per letter dated revised October 14, 2013 and Invoice 0421045 on
November 11, 2013:
1. Initial Meetings and Review $ 2,840.00 $ 2,825.00
2. Alternative Layout Sketches $ 11,100.00 $ 11,093.00
3. Reimbursables $ 500.00 $ 92.80
$ 14,400.00 $ 14,009.03
Initial Planning Map Services Phase II per letter dated February 3, 2014 and Invoice
#421072 on Feb. 7, 2013
1. Update Initial Planning Maps $ 10,905.00
2. 3D imaging $ 9,450.00
3. Presentations of Concept Sketches $ 3,500.00
4. Reimbursables $ 500.00
$ 24,355.00
Initial Planning Map Services Phase II — Services thru March 2014.
1. Update Initial Planning Maps $ 10,905.00
2. 3D imaging $ 9,450.00
3. Presentations of Concept Sketches $ 3,500.00
4. Reimbursables $ 500.00
$ 24,355.00
TOTAL FOR ALL SERVICE TASKS $38,755.00
s
$ 10,858.75
$ 0.00
$ 0.00
0.00
$ 10,858.75
$ 46.25
$ 9,450.00
$ 3,500.00
$ 500.00
$ 13,496.25
$38,364.03
David Volz Design
FEE SCHEDULE
Phase It Concept Development
1. Update Initial Planning Maps
Prepare informed site concept plans based upon Input from
a. the "ad -hoc" committee
b. Prepare annotated project boards for review
Prepare Draft planning map documents, maps, sketches and
c. letter report
d. Meet with City Staff and stakeholders to review work to date
e. Received direction and document Input
f. Finalize Draft Planning Map components and letter report
g. Staff review
2. Presentation of Concept Sketches
a. Staff as needed
b. Stakeholders /Ad -hoc committee / 2 anticipated
c. Reviewing Bodies /Commissionst2 anticipated
d. Council Study Session
REIMSURSABLES
Reimbursable expenses, printing, copying, postage, etc.
Billed at cost plus 15 %.
NOTINCLUDED
1. Site Survey
2. Park Master Planning, Design Development
3. Traffic Engineering
4. Floor plans of proposed structureslbulldings
5. Habitat mitigation design, beyond conceptual drawings
6. Environmental Documentation and Studies
7. Permitting and oversight agency submittals
LOWER CASTAWAYS PARK
1- INITIAL PLANNING MAP DEVELOPMENT
City of Newport Beach
PR $195
I $1751 $1551
$125
I $11151
Total I
Fee
2
8
8
10
$ 1,790
6,990
4
8
4
$ 700
$
2
2
2
$ 350
8
$
1,120
6
44
0
$
2
fib
0
$
0
$
0
1
$
2
1 14
0
1 0
1 0
16
Update Initial Planning Maps Total $ 2,840
Presentation of Concept Sketches Total $ 11,100
Estimate $ 500
TOTAL PROPOSED FEE $ 14,440
ASSUMPTIONS
1. City will provide vertical and horizontal datum information for the survey field work.
2. Design development construction documents, engineering, permitting, etc. will be a future phase of the design work.
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4
4
8
$ 1,200
2
32
8
42
$
6,990
2
8
10
$
1,790
2
4
2
8
$
1,120
6
44
D
16
2
fib
Presentation of Concept Sketches Total $ 11,100
Estimate $ 500
TOTAL PROPOSED FEE $ 14,440
ASSUMPTIONS
1. City will provide vertical and horizontal datum information for the survey field work.
2. Design development construction documents, engineering, permitting, etc. will be a future phase of the design work.
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David Volz Des
FEE SCHEDULE
PHASE il: CONCEPT DEVELOPMENT
Task I. Update Initial Planning Maps
Prepare Informed site concept plans based upon
a. Input from the "ad -hoc" committee
b. Prepare annotated project boards for review
c Prepare Draft planning map documents, maps,
sketches and letter report
Meet with City Staff and stakeholders to review work
d' to date
e. Received direction and document input
f Finalize Draft Planning Map components and letter
report
9. Staff review
Task 2- Site Survey and 3D Imaging
a. Prepare aerial survey
b. Develop 3D computer model
c Prepare preliminary oblique views of proposed
improvements
LOWER CASTAWAYS PARK
PHASE II - CONCEPT DEVELOPMENT
City of Newport Beach
February 21, 2014
PR
$195
LA
$175
PP
$155
CT
$125
AD
$115
Total
Hrs
Fee
2
16
8
2
28
$ 4,420
b. Stakeholders/Ad- hoc committee
4
2
16
20
$ 2,700
2
4
c. Reviewing Bodies /Commissions
2
2
8
$ 1,340
2
6
$
1,130
d. Council Study Session
2
$ 390
2
2
4
$
2
$ 390
2
2
0 1
4
2
10
$ 1,470
1
Presentation of Concept Sketches
Total
$
1
$ 195
11
26
0
30
4
71
$
Update Initial Planning Maps Total $ 10,905
4 4 $ 700
6 40 46 $ 6,050
4 16 20 $ 2,700
0 14 1 0 56 1 0 70
Site Survey and 3D Imaging Total $ 9,450
Task 3- Presentation of Concept Sketches
a. Staff as needed
2
2
4
$
620
b. Stakeholders/Ad- hoc committee
4
2
6
$
1,130
c. Reviewing Bodies /Commissions
4
2
6
$
1,130
d. Council Study Session
2
2
4
$
620
12
4
0 1
0
1 4
1 20
Presentation of Concept Sketches
Total
$
3,500
Reimbursables
Reimbursable expenses, printing, copying, postage, etc.
Estimate
$
500
Billed at cost plus 15 %.
NOTINCLUDED
1. Finished Artist Renderings
2. Park Master Planning, Design Development
3. Traffic Engineering
4. Floor plans of proposed structures /buildings
5. Habitat mitigation design
6. Environmental Documentation and Studies
7. Permitting and oversight agency submittals
8. Site Survey
TOTAL PROPOSED FEES $ 24,355
ASSUMPTIONS
1. Design development construction documents, engineering, permitting, etc. will be a future phase of the
design work.
2. Subconsultant services will Include a 15% administration mark -up.
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PROFESSIONAL SERVICES AGREEMENT
WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. FOR
LOWER CASTAWAYS PARK
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is made and
entered into as of this 6th day of November, 2013 ( "Effective Date'), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "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:
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 Develop initial planning map identifying
potential park uses for the Lower Castaways Park Properties ( "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:
INNEWIT;V1
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 30, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
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.
3. TIME OF PERFORMANCE
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 Fourteen
Thousand Four Hundred Forty Dollars and 00/100 ($14,440.00), 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.
43 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.
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.
David Volz Design Landscape Architects, Inc, Page 2
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 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.
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.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director 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
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.
David Volz Design Landscape Architects, Inc. Page 3
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,
lookouts, 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.
9.1 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.
14. 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
David Volz Design Landscape Architects, Inc. Page 4
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.
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
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
David Voiz Design Landscape Architects, Inc__ Page 5
power or twenty -five percent (25 %) 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 speck 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
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
David Voiz Design landscape Architects, Inc. Page 6
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.
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 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)
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
David Volz Design Landscape Architects, Inc. Page 7
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.
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
David Volz Design Landscape Architects, Inc. Page 8
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: Fong Tse, Principal Civi 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: David J. Volz
David Volz Design Landscape Architects, Inc.
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
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 of 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.
David Volz Design Landscape Architects, Inc. Page 9
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, rules, 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.
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.
_ .•., _u_
David Volz Design Landscape Architects, Inc. Page 10
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.
David Volz Design Landscape Architects, Inc. —�'�- 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:
By: , v r
Aaron C. FjArp
City Attorney
ATTEST:
Date: P.1-3.0
By:
Leilani I. Brown
City Clerk
!q
r-4
►V
`'qU FO��
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:�1`-
By:
David A. Webb
Public Works Director
CONSULTANT: David Volz Design
Landscape Architects, Inc., a California
corporation
Date:
DE
David J. Volz
President and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
David Volz Design Landscape Architects, Inc. Page 12
• i
M s
SCOPE OF SERVICES
David Volt Design Landscape Architects, Inc. Page A -1
Lower Castaways Parr— Initial Planning Mai) Develoi)ment
SEPTEMBER 23, 2014
REVISED October 14, 2013
David Volz Design (DVD) proposes to develop an initial planning map identifying
potential park uses for the Lower Castaways Park Properties in the City of Newport
Beach. The city is interested in exploring potential park uses for the properties within the
project area. The project is envisioned to include natural habitat areas, bayside park uses
and access to the water for boats, for viewing, and for fishing. Other elements already
identified for the site are passive and active recreation, paring and restrooms, bicycle
facilities, interpretative opportunities and environmental education. These and other
ideas will be explored through the process described below:
SCOPE OF WORK
The primary project area includes the properties directly south of the developed
Castaways Park between Dover Drive and the bay and south to Pacific Coast Highway,
The proposed planning map study process will explore and include the possibility of
accommodating several alternative park development opportunities. The following tasks
have been identified for the preparation of preliminary alternative sketches depicting
initial ideas for possible project layouts,
Task One — Preliminary Study
1. Initial Kick -off Meeting with City Project Team
a. Review project criteria and program objectives
b. Review procedures and design schedule
c. Assign calendar dates to each milestone
2. Prepare Initial Alternative Layout Sketches
a. Provide two alternative layouts depicting initial development scenarios
b. Review with City staff
c. Finalize sketches
d. Present sketches to commission
Additive Tasks — Services not included in the initial scope of work.
Task Two — Planning Map Development Process
1. Analysis of Opportunities and Constraints for Developments on this Site
a. Catalog restrictions associated with site constraints within the site properties
b. Collect and document agreements with and expectations to deed restrictions.
c. Identify oversight agencies and possible development criteria
d. Prepare map of findings, planning base map
Scope of Work
September 23, 2013
Page 2 of 3
2. Draft Planning Map Development
a. Visioning Workshop with Staff and /or Stakeholders
• Review history and project objectives
• Site tour (if applicable)
• Review maps and findings to date
• Collect ideas and input
• Develop design ideas for project areas, site circulation, connections, etc.
b. Record and analyze input received at workshop
c. Meet with city staff (and stakeholders) to review and process information
obtained to date
3. Develop Concept Plans
a. Develop initial plans and layouts that define park areas and development
opportunities
b. Render rough concept plans and prepare character sketches and letter report
describing concepts and park elements
c. Define on -site development areas and circulation patterns (bubble diagram)
d. Meetings with stakeholders, as directed by staff
• Meet with stakeholder groups and regulatory agencies to intbrm them of
the project, create interest and solicit input. Three meetings or
presentations anticipated.
e. Document input and findings
f. Meeting with Staff to review input and receive design direction
g. Refine documents and update project report with findings
a. Prepare Initial Draft Planning Map(s)
a. Prepare informed site concept plans based upon work to date.
b. Prepare annotated project idea boards for review
c. Prepare initial Draft planning map documents, maps, sketches and letter report
d. Meet with City Staff and stakeholders to review work to date
e. Receive direction and document input
f Finalize Draft Planning Map components and letter report
g. Staff review
Draft Planning Map Deliverables
• Draft Planning Map Graphics and Displays
• Display map depicting proposed park development for the project area
S. Presentation of Final Documents
a. Staff (as needed)
Scope of Work
September 23, 2413
Page 3 of 3
b. Stakeholders, 2 anticipated
c. Reviewing Bodies, 2 anticipated
Not Included:
• Site Survey
• Park Master Planning, Design Development
• Traffic Engineering
• Floor plans of proposed structures/buildings
• Habitat mitigation design, beyond conceptual drawings
• Environmental Documentation
Assumptions
• City will provide vertical and horizontal datum information for the survey field
work
• Design development consttvction documents, engineering, permitting, etc, will be
a future phase of the design work.
Meetings
• Staff, as needed
• Stakeholders, include those individuals or groups of focus groups identified by
staff (5 meetings anticipated)
X A'r4 =
SCHEDULE OF BILLING RATES
David Valz Design Landscape Architects, Inc. Page B 1
David Volz
RESCHEDULE
1, Initial Kick -off Meeting with City Project Team
a, Review project criteria and program objectives
b. Review procedures and design schedule
c. Assign calendar dates to each milestone
2. Prepare Initial Alternative Layout Sketches
a, Prepare base map for preliminary layouts
b. Provide two alternative layouts
c. Review with City staff
d. Present to Commission
.�f?t141 [3tii2St'ktJt.ES
Reimbursable expenses, printing, copying, postage, etc.
Billed at cost plus 15 0/a.
NOTiNCLUDED
1, Site Survey
2. Park Master Planning, Design Development
3. Traffic Engineering
4, Floor plans of proposed structures /buildings
5. Habitat mitigation design, beyond conceptual drawings
6. Environmental Documentation and Studies
7. Permitting and oversight agency submittals
Initial
LOWER CASTAWYS PARK
INITIAL PLANNING MAP DEVELOPMENT
City of fv'rswport Reach
September 24, 2013
PR
$195
LA
$175
I PP
$155
I CT
$125
AD
$115
Total
Hrs
pee
2
8
32
1
8
1
10
$ 1,790
$
4
2
8
4
$ 700
10
2
1,790
2
2
$ 350
2 14 0
0
1 0
16
Kick-off Meetina with
Citv
Protect
Team $ 2.840
Prepare initial Alternative Layout Sketches $ 11,100
" >l4 �)N - PRFLI '7iAIARY Ttit;3Y T!) f Ai. vii 13,940
Estimate $ 500
TOTAL PROPOSED FEE $ 14,440
ASSUMPTIONS
1. City will provide vertical and horizontal datum information for the survey field work.
2. Design development construction documents, engineering, permitting, etc. will be a future phase of the design work.
���T�� ➢ui{3wtwcy t..nrui5caprs that Cxtatt eosauue<x£ta , ! ��
4
4
8
$
1,200
2
32
1
8
1
42
$
6,990
2
8
10
$
1,790
2
4
2
8
$
1,120
6
44
0
16
2
88
Prepare initial Alternative Layout Sketches $ 11,100
" >l4 �)N - PRFLI '7iAIARY Ttit;3Y T!) f Ai. vii 13,940
Estimate $ 500
TOTAL PROPOSED FEE $ 14,440
ASSUMPTIONS
1. City will provide vertical and horizontal datum information for the survey field work.
2. Design development construction documents, engineering, permitting, etc. will be a future phase of the design work.
���T�� ➢ui{3wtwcy t..nrui5caprs that Cxtatt eosauue<x£ta , ! ��
fiNURTHR
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
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
David Volz Design Landscape Architects, Inc. Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
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
David Volz Design Landscape Architects, Inc. Page C -2
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.
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. 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.
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.
David Volz Design Landscape Architects, Inc. Page C -3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/16/13
Dept. /Contact Received From: Vladimir
Date Completed: 9/11/13 Sent to: Vladimir By: Chris/Renee
Company /Person required to have certificate: David Volz Design Landscape Architecture, Inc.
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 3/14/13 to 3114/14
A.
INSURANCE COMPANY: RLI Insurance Company
B.
AM BEST RATING (A-: VII or greater): A +; XI
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000/$2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® 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)
® 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)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
Included?
® Yes ❑ No
1.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTIONI (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® NIA ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 3/14113 to 3/14/14
A.
INSURANCE COMPANY: RLI Insurance Company
B.
AM BEST RATING (A-: VII or greater) A +; X1
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M 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 I Proof of coverage (if indivkluat)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ NIA ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/14/13 to 3/14/14
A. INSURANCE COMPANY: RLI Insurance Company
B. AM BEST RATING (A-: VII or greater): A +; XI
C. ADMITTED Company (Must be California Admitted): N Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory Z Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included? IN Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: M N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A IN Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
9/11/13
Date
❑ N/A M Yes ❑ No
0 N/A ❑ Yes ❑ No
MAZINN ■
Fel - ■ �
RISK MANAGEMENT APPROVAL REQUIRED (Non-admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $_) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
Sep. 5. 2413 9:42AM
No. 0236 P. 2
-
Step 6: Safely wait for the low truok, Ourfndep riderlt service
information of the ddvw(s) of the olhor vehlGe(s)
provi ders' low Iructm always display the AAA en>dlam
PROOF OF INSURANCE 1'
VEHICLES ON POLICY
stale ofregl90'atlon
YEAR
M-&
VEHI.D.S
Interirlaurance Exchange of the Automoblle Cluh I
2002
HOND
2WRL15922H54298e
NAIC 8: 15598
2886
WA
MAIN
Wl 3NOT1115958
Narrual Insufad Polley Number; CAA 06195M
VOLZ, MICHELE AND DAVID
Effenllve pate: 01 -13 -15 Euplratlon Date: 0143 -14
This polSnyprerair�ai leant the adnanun amauntc a(tiaNli('{{
Insurance rlaqMmd by ibe CA VEH COGS BEGTtOrI t6ari8 for the
n rssppeoffed whldon and named Maureda end MAY provide aovaraea for
alhartrumon, and ath408111ales as provided by the lnaurenae policy;
ORiVERS}OIN POLICY
��pp��qq..V1n4P6 I is , r l'. N
VOLZ, ROAN M � � � r � ;:
VOLZ, MAMWELLY -
IF YOU HAVE AN ACCIDENT CALL OUR 2417 AAA ACCIDENT ASSISI' HOTLINE
1-$OD -67 -CLAIM (1 -BAD. 672.6246)
After an accdent, folkak these 8 easy steps:
Step 1: Get the homed and add168Qe8 Of all per•50n8
InVolVad in the aeoldenl, e.g., pddeatriaru ;. %vllnesses, other
passengers at ,
Sjep s: Gall our AAAAccidentAGdsl Hopfie ar 1- 800- 67•,CLAAA
(1800- 872.6246) to report the accident and, if necessary, hove
your VehlGe towed to the repair shop or location or your
prefoyence
Step 2; Gatthe dfA&6 pennant number and Insurance
Step 6: Safely wait for the low truok, Ourfndep riderlt service
information of the ddvw(s) of the olhor vehlGe(s)
provi ders' low Iructm always display the AAA en>dlam
Ste 3: Write down the YetrICla6 license•lale, inoludin
P (} P 9
06 nor * �ntm ponstulkyforwd "essmod&vn>srancasarms aaedde
w@h anyone oMar than Me ponce or an authoamd Auto Clue churns
stale ofregl90'atlon
reparmaniathre. Do nor disaldcayoar'pOyaYlMNfe /o anyone.
.
LGvotago Uadjeer ro Polroy lama+ and dirrtda.
Forqueadons ormanom to your poll W, can 14?-1-4U,21 00, Monday thOlreh Frusy from 7 a.m,)a 9 b m- or Solurdaylrom o a m. to 5 qm•
A� p® CERTIFICATE OF LIABILITY INSURANCE
1 F DATE
8/15/20113
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($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol)cy(les) must be endorsed. If SUBROGATION IS WANED, 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
Cornerstone Specialty Insurance Services, Inc.
CNAMONTA
E: CT Aimee La RUB
PNONE (714) 731 -7700 F' (714)731 -7750
E -MALI.
Mss.aimee@cornerstonespecialty.cCut
14252 Culver Drive, A299
INSURE R43 AFFORDING COVERAGE N=#
INSURERARLI Insurance Company
13056
Irvine CA 92604
INSURED
INSURER B:L1b9rt Ins, Underwriters Inc.
19917
INSURER C;
X COMMERCIALGENERAL LMBILnY
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC.
INSURER O:
151 Kalmus Drive, Ste. N -B
INSURERE:
A
CwMB -MADE OCCUR
INSURER F:
Costa Mesa CA 92626
COVERAGES CFRTIFICATF NNMRCU• 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
R
TYPE OF INSURANCE
DDLa
a
POLICY NUMBER
N E
M
LURTS
AUTHORRED REPRESENTATIVE
GENERAL LIABILITY
Aimee La Rue /AINEEL
EACH OCCURRENCE
$ 1, 000, 000
-DAMAGE TO RENTED
$ 1,000,000
X COMMERCIALGENERAL LMBILnY
A
CwMB -MADE OCCUR
X
RSBOOO1402
/1412013
/14/2014
MED EXP( we mm )
$ 10,000
PERSONAL B ADV INJURY
S INCLUDED
X ADDTL INSORBD /PRINARY
PER ATTACHED END 'T
X
BLNRT MR OF BURRO
GENERAL AGGREGATE
$ 2,000,000
AS REQUIRED BY WRITTEN
BENL AGGREGATE
LIMITAPPLIES
PER:
PRODUCTS - COMP /OP AW
$ 2.000,000
CONTRACT
$
POLICY
X PRO
JPrT
LOC
PONTRACTUAL LIAR INCLD
AUTOMOBILE
LIABILITY
COMWNED SINGLE LIMIT
11000,00 0
BODILY INJURY(Pw pwmn)
$
A
ANY AUTO
ALLOWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS X AUTOS O
AUTOS
X
SBOOO1408
/14/2013
/14/2014
BODILY UN RY(Px eecl m)
$
X
PROPERTYDAMAGE
$
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$
H
AGGREGATE
3
EXCESS LIAR
CLAIM544ADE
DEO I.. J RETENTION S
$
A
WORKERS COMPENSATION
ANO EMPLOYEAB' LIABILITY
ANY PROPRIETORPARTNERIE XECUTNE YIN
OFFICERN11WOER EXCLUDE DT
(Mndal4l N NH)
NIA
SK0001346
/142013
/14/2014
X WC STATU- GTN-
E.L EACH ACCIDENT
$ 1 000 000
E.L. DISEASE - EA EMPLOYE
$ 1 1 000 1 DO
EL.DISEASE- POUCYLINT
$ 11000,000
If yyet, deamiha urdw
DESCRIPTION OF OPERATK helmv
B
PROFESSIONAL LIABILITY
100668 -0002
/14/2013
/14/2014
EAcHCLAIM $2,000,000
Claims made
ANNUAL AGGREGATE $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Ramaft Sahadula, Nmom span n raqu'rnd}
RE: West Newport Landscape Enhancement Project, Balboa Blvd. from West Coast Hwy to 22nd Street. The City
and its officers, officials, employees, and agents are Additional Insured for General and Non -Owned &
Hired Auto Liability but only if required by written contract with the Named Insured prior to an
occurrence and as per attached endorsement, including waiver of subrogation. Workers' Camp waiver of
subrogation endorsement included. Coverage is subject to all policy terms and conditions. *30 days notice
of cancellation, except for 10 days notice for non - payment of premium.
CFRTIFICATE Hot DFR CANCELLATION
ATION
ACORD 25 (2010105) ®1988.2050 ACORD CORPORATION. All rights reserved.
INRh05nn,n Dm The ACnon.— ...A1,...,. s.e mn;aln.n0 ... =H,n,.4 ACnon
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City Of Newport Beach
Public Works Department
100 Civic Center DTvie
AUTHORRED REPRESENTATIVE
Newport Beach, CA 92660
Aimee La Rue /AINEEL
ACORD 25 (2010105) ®1988.2050 ACORD CORPORATION. All rights reserved.
INRh05nn,n Dm The ACnon.— ...A1,...,. s.e mn;aln.n0 ... =H,n,.4 ACnon
COMMENTSIREMARKS
For Professional liability coverage, the aggregate limit is the total insurance available
for all covered claims reported within the policy period.
' OFREMARR COPYRIGHT 2060, AM SERVICES INC. f
Policy Number: PS8000 1448 RLI Insurance Company
Named insured: David Volz Design Landscape Architecture, Inc,
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack* FOR DESIGN PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION It — LIABILITY
S. C. WHO I$ AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
Insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
Injury ", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the perFormance of your ongoing operations;
b. In oornection with premises owned by or rented
to you; or
c, in connection with "your work" and included
within the `product- completed operations
hazard "_
2. The insurance provided to the additional insured by
this endorsement is limited as follows.
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy,
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of insurance.
1 The following is added to SECTION III H.2. Other
Insurance — COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II —
LUIBILITY)
However, if you specifically agree in a contract or
agreement that the Insurance provided to an
additional insured under this policy 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 additional insured as a named insured,
and we will not share with that other Insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered Into that contract or agreement; or
b. The "personal and advertising Injury' for which
coverage is sought arises out of an offense
committed after you have entered Into that
contract or agreement.
4. The fallowing is added to SECTION tit K. 2. Transfer
of Rights of Recovery Against Others to Us —
COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION 11 —
LIABILITY)
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 "persona# and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a contract
or agreement with such person or organization
entered Into by you before the "bodily injury" or
"property damage" occurs, or the "personal and
advertising Injury" offense Is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PP83Q40610 Page t of t
WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA
WC 04 03 06
(Ed. 04.84)
We have the right to recover our payments from anyone Gable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule, (This agreement applies only to the extent that you perform work
under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be _% of the California workers' compensation premium otherwise due
on such remuneration.
Person or Organization
All persons or organizations that are party to a
contract that requires you to obtain this
agreement, provided you executed the contract
before a loss
Schedule
Job Description
Job performed for any person or organization that you
have agreed with in a written contract to provide this
agreement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 03.14 -2013 Policy No. PSW0001346 Endorsement No. 1
Insured David Volz Design Landscape Archi Insurance Company RLI Insurance Company