HomeMy WebLinkAbout04 - Amdmt 1 Landscape Architectural Serv TCLA & Pedersen���WPORT CITY OF
NEWPORT BEACH
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Agenda Item No. 4
January 22, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb, Public Works Director /City Engineer
949- 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Michael J. Sinacori, P.E., Assistant City Engineer
949 - 644 -3342, msinacori @newportbeachca.gov
APPROVED:
°V
TITLE: Approval of Amendment No. 1 to the On -Call Professional Services
Agreements with TCLA, Inc., and David A. Pedersen
ABSTRACT:
The City previously entered into On -Call Professional Services Agreements with TCLA,
Inc. (TCLA), and David A. Pedersen (Pedersen), for Landscape Architect Services. The
term of the existing agreements will expire on January 31, 2013. If the amendments are
approved, the term will be extended for two years and the funding limit increased to
$250,000 allowing staff to assign additional landscape architectural services to the
consultants.
RECOMMENDATIONS:
1. Approve Amendment No. 1 to the April 29, 2011, On -Call Professional Services
Agreement with TCLA to extend the term until January 31, 2015, increase the
contract limit to $250,000 for continuing on -call landscape architectural services
and authorize the Mayor and City Clerk to execute the Amendment.
2. Approve Amendment No. 1 to the April 11, 2011, On -Call Professional Services
Agreement with Pedersen to extend the term until January 31, 2015, increase the
contract limit to $250,000 for continuing on -call landscape architectural services
and authorize the Mayor and City Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
Funding for these consultants will be paid from the individual capital improvement
project budgets at the time of project implementation.
Page 1 of 14
'C
Approval of Amendment No. 1 to the On -Call Professional Services Agreements with
TCLA, Inc., and David A. Pedersen
January 22, 2013
Page 2
DISCUSSION:
In order to decrease staff time and reduce cost, while at the same time deliver capital
projects in a timely manner, the Public Works Department retains on -call consultants for
various professional services such as Surveying, Geotechnical, Civil and Traffic
Engineering and Landscape Architecture. On -call consultants are selected through a
formal process to identify the most qualified firms who provide the necessary services.
With respect to Landscape Architectural services, the City entered into On -Call
Professional Services Agreements in April 2011 with TCLA and Pedersen. Both firms
have provided exceptional services in an expeditious manner. The original agreements
expire on January 31, 2013. Staff recommends extending the term of the agreements
for two additional years to January 31, 2015. Staff also recommends increasing the
maximum amount of compensation to the consultants from $120,000 to $250,000
throughout the term of the agreements. The current fee schedule for each consultant
will remain unchanged.
ENVIRONMENTAL REVIEW:
Environmental clearances will be completed for each Capital Improvement Project.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Public Works Director /City Engineer
Attachments: A. Amendment No. 1 to On Call Agreement with TCLA, Inc.
B. Amendment No. 1 to On Call Agreement with David A. Pedersen
Page 2 of 14
ATTACHMENT A
AIVIENDIVIENT NO. ONE TO
ON -CALL DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH TCLA, INC. FOR
ON -CALL LANDSCAPE ARCHITECT SERVICES
THIS AMENDMENT NO. ONE TO ON -CALL AGREEMENT FOR
PROFESSIONAL SERVICES ( "Amendment No. One ") is made and entered Into as of
this day of January, 2013 ( "Effective Date ") by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and TCLA, Inc., a
California corporation ( "Consultant "), whose address is 1340 Reynolds Ave., Suite 103,
Irvine, CA 92614 and is made with reference to the following:
RECITALS
A. On April 29, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for on -call assistance for landscape architecture
services ( "Project ").
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to January 31, 2015, to increase the total compensation and update
insurance requirements.
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. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of this Agreement shall commence on the April 29, 2011, and shall
terminate on January 31, 2015 unless terminated earlier as set forth herein.
2. COMPENSATION TO CONSULTANT
Section 4 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 hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all Services performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Two Hundred Fifty Thousand Dollars and 00 /100 ($250,000.00) 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.
3. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with
the following: Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
Page 3 of 14
ATTACHMENT A
expense dMing 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 D, and incorporated herein by
reference.
q. 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]
TCLA, Inc. T pag @aRe 4 of 14
ATTACHMENTA
IN WITNESS WHEREOF ", the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY AT 0 Y'S OFFICE A California municipal corporation
Date: Date:
B ;, By:
Aaron C. Flarp Keith Curry
City Attorney Mayor
ATTEST: CONSULTANT: TCLA, Inc., a California
Date: corporation
Date:
By:
Lellani I. Brown Joe Varonin
City Clerk President/Secretary
Attachments:
A11 -00171
[END OF SIGNATURES]
Exhibit B — Insurance Requirements
TCLA, Inc. Pag@y? 5 of 14
ATTACHMENT A
EXHIBIT B
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's Indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at Its own expense during the term of this Agreement, policies of Insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1,2 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.
1.3 Coverage Requirements.
1.3.1 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.
1.3.1.1 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.
1.3.2 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, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products- completed 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.
1.3.3 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 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 each accident.
David A. Pedersen Page -1, o 1
ATTACHMENT A
1.3.4 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.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All Insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation agalrtst
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.
1.4.2 Additional Insured Status. All liability policies Including general
liability, excess liability, pollution liability, and automobile liability, 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.
1.4.3 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.
1.4.4 Notice of Cancellation. All policies shall provide 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.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
Insurance to City as evidence of the Insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 Citys Right to Revise Requirements. The City reserves the right of
any time during the term of the Agreement to change the amounts and types of
Insurance required by giving the Consultant sixty (60) days advance written notice of
David A. Pedersen Page MIT 7 °r"
ATTACHMENT A
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 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.
1.5.4 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.
1.5.5 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.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant falls 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.
1.5.7 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, and that Involve or may involve
coverage under any of the required liability policies.
1.5.8 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.
0(14
Davfd'A. Pedersen Pape =
ATTACHMENT B
AMENDMENT NO. ONE TO
ON -CALL DESIGN PRorESSIONAL SERVICES AGREEMENT
11VITI -1 DAVID A. PEDERSEN FOR
ON -CALL LANDSCAPE ARCHITECT SERVICES
THIS AMENDMENT NO, ONE TO ON -CALL AGREEMENT FOR
PROFESSIONAL SERVICES ( "Amendment No. One ") is made and entered into as of
this day of January, 2013 ( "Effective Date ") by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ("City "), and David A. Pedersen,
a sole proprietor ( "Consultant "), whose address is 20271 Acacia, Suite 120, Newport
Beach, CA 92660 and is made with reference to the following:
RECITALS
A. On April 12, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for on -call assistance for landscape architecture
services ( "Project ").
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to January 31, 2015, to increase the total compensation and update
Insurance requirements.
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. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of this Agreement shall commence on the April 12, 2011, and shall
terminate on January 31, 2015 unless terminated earlier as set forth herein.
2. COMPENSATION TO CONSULT ANT
Section 4 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 hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all Services performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Two Hundred Fifty Thousand Dollars and 001100 ($250,000.00) 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.
3. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with
the following: Without limiting Consultant's Indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
Page 9 of 14
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 B, and incorporated herein by
reference.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terns, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
'David A. Pedersen PaggaP 10 of 14
IN WITNESS WNEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT" KEY'S OFFICE
Date:
Aaron C. Harp 6(�
City Attorney t�U1
CITY OF NEWPORT [TEACH,
A California municipal corporation
Date:
Keith Curry
Mayor
ATTEST: CONSULTANT: David A. Pedersen,
Date: sole proprietor
Date:
Leilanl I. Brown
City Clerk
Attachments:
A11 -00171
David A. Pedersen
Sole Proprietor
[END OF SIGNATURES]
Exhibit B — Insurance Requirements
David A. Pedersen PagAO11 of 14
EXHIBIT B
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at Its own expense during the term of this Agreement, policies of Insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employers 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.
1.3.1.1 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.
1.32 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, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed 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.
1.3.3 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 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 each accident.
David A. Pedersen PagEMT 2 of 14
1.3.4 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 min6rum 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.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 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 from each of Its subconsultants.
1.4.2 Additional Insured Status. All liability policies Including general
liability, excess liability, pollution liability, and automobile liability, but not Including
professional liability, shall provide or be endorsed to provide that City and its officers,
ofilcials, employees, and agents shall be Included as Insureds under such policies.
1.4.3 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.
1,4.4 Notice of Cancellation. All policies shall provide 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.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the Insurance coverage required herein, along with a
walver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of Insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
Insurance policies, at any time.
1.52 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
Insurance required by giving the Consultant sixty (60) days advance written notice of
David A. Pedersen gag "3 or 14
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged fallure 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.
1,5,4 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.
1.5.5 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.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsuitant falls 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.
1.5.7 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, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 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] A. Pedersen Page g'Y' of 14