HomeMy WebLinkAbout17 - On-Call PSA for Landscape Design ServicesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 1L
June 10, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Michael J. Sinacori
949 - 644 -3342 or msinacori @city.newport- beach.ca.us
SUBJECT: Approval of Amendments to On -Call Professional Services
Agreements and an On -Call Professional Services Agreement for
Landscape Design Services
Recommendations:
1. Approve Amendment No. 1 with TCLA, Inc., for on -call landscape design services
and authorize the Mayor and City Clerk to execute the Amendment.
2. Approve Amendment No. 1 with David Volz Landscape Design for on -call landscape
design services and authorize the Mayor and City Clerk to execute the Amendment.
3. Approve an On -Call Professional Services Agreement with David A. Pederson for
landscape design services and authorize the Mayor and City Clerk to execute the
Agreement.
Discussion:
On -Call Professional Services Agreements (PSA's) were developed to avoid a large
volume of small but time - consuming agreements between the City and consultants to
accomplish on -going project tasks for implementation of the Capital Improvement
Program (CIP). On June 26, 2006, the City Council approved On -Call Professional
Services Agreements with TCLA and David Volz Design (both Landscape Architects) to
provide landscape design services regularly required for many CIP projects.
Over the last two years, these on -call PSA's have proven to be very effective and an
efficient way to conduct business. TCLA and David Volz Design have provided
exceptional high quality service and completed many landscape designs for the City to
supplement in -house street rehabilitation projects, such as Superior Avenue and
Jamboree Road. In addition, they have completed small restoration projects in concert
with the General Services Department.
Approval of Amendments to On -Call Professional Services Agreements and
an On -Call Professional Services Agreement for Landscape Design Services
June 10, 2008
Page 2
The proposed Fiscal Year 2008109 CIP budget is estimated at about $68 million and
includes over 92 projects. Many of these projects will require landscape architecture
design services. The anticipated need for these services will require the extension of
these contracts which are set to expire on June 30, 2008. Rates provided by the
consultants and included in the agreements are competitive and in -line with industry
standards.
In accordance with Council Policy F -14, staff requested statements of qualifications
from local firms. Based on the qualifications received, staff is recommending an
additional landscape architect to supplement the many planned street and median
improvement projects. David A. Pederson has completed many projects for the City in
the past and understands the needs to accomplish the Capital Improvement Program.
Staff recommends approval of the attached Amendments and On -Call PSA to facilitate
implementation of the CIP.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project
Funding Availabilitv:
Funds for these services are available in each of the specific project accounts within the
City Council approved Capital Improvement Program.
Prepared by: Submitted by:
fhael Sinacon, P.E. 3`te . Badum
ss . istant City Engineer Works Director
Attachment: Amendment No. 1 with TCLA
Amendment No. 1 with David Volz Design
On -Call Professional Services Agreement with David A. Pederson
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH TOTAL CONCEPT LANDSCAPE ARCHITECTURE, INC., (TCLA, Inc.)
FOR ON CALL SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL ON -CALL SERVICES AGREEMENT,
entered into this day of , 2008, by and between the CITY
OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
TOTAL CONCEPT LANDSCAPE ARCHITECTURE, INC. (TCLA, INC.), a California
Corporation whose address 1340 Reynolds Avenue, Suite 103, Irvine, California,
92614 -5551 ( "Consultant "), and is made with reference to the following:
RECITALS
A. On June 27, 2006, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement', for
landscape architectural on -call services. This Agreement is scheduled to
expire on June 30, 2008.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to December 31, 2010.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1" as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for various services performed pursuant
to this Amendment No. 1 and according to the Request to Extend On -Call
Services Agreement dated April 28, 2008, attached hereto as Exhibit A.
2. Compensation to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 1, 2008, to December
31, 2010, including all reimbursable items and subconsultant fees, shall
be based on the billing rates included in Exhibit A.
3. The term of the Agreement shall be extended to December 31, 2010.
4. The City Project Administrator for the Agreement shall be Michael J.
Sinacori, P.E.
5. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
City Attorney `
for the City of Newport Beach
ATTEST:
A
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
TOTAL CONCEPT LANDSCAPE
ARCHITECTURE, INC. (TCLA, Inc.):
(Corporate Officer)
Print Name:
M
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Request to Extend On -Call Services Agreement
F: 1UsersIPBIMSharedlAgreemenlslFY OM940n -Call ServiceslTCLA -On -Call- Amendment 1.doc
4
i
TCLA, Inc. Landscape Amintecdue
Environmental Planning
U Corporate Office:
27905 Smyth Drive
Valencia, CA 91355.4304
PH 661 - 702 -1011
FX 661- 702 -0293
April 28, 2008
Mr. Michael Sinacori
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
EXHIBIT A.
Joe Vamnin ASLA CA #1737 AZ # 13616 NV #206 TX #1180
Harry Kobwff ASLA CA #1777
■ Irvine Office:
1340 Reynolds Ave. Suite 103
Irvine, CA 92614.5551
PH 949 - 250-1615
FX 949- 250.1801
o Central Valley Office:
4600 Ashe Road Suite 319
Bakersfield. Ca. 93313 -2039
PH 661 - 398-9300
FX 661- 398 -9393
Subject: On -Call Landscape Architecture Services — Request for Contract Extension
Dear Michael
We are pleased to submit the following request for contract extension in respect to the City of
Newport Beach. It has been our pleasure to have served the City since our original contract of
June 2006.
The following information will I hope satisfy your requirements to extend our current contract for
another two years.
1.0 LOCAL STAFFING LIST
1.1 Our local staffing has not changed for the last several years. Although we have
available staff in our Valencia and Bakersfield offices, all work will be done within
the Irvine Office. The Irvine office of TCLA, Inc. consists of the following
personnel, who will be the only staff working on the City of Newport Beach's
projects.
Harry H. Kobzeff ASLA, - Principal in Charge
Mr. Kobzeff will be in charge of all design, construction documentation and
construction observation activities. He will oversee if not perform all drawing
and cost estimation. He also will be responsible for all meetings.
• Chris Davis — Job Captain
Mr. Davis will act as support staff. He may on occasion support graphic
and/or drafting services.
2.0 ADVANCE NOTICE
2.1. We have no new advance notice requirements for projects. We have performed
on a timely basis in the past and will continue to give the City the best service we
Mr. Michael Sinacori April 28, 2008
On -Call Landscape Architecture Services — Request for Contract Extension Page 2
can. We will notify the City should we feel deadlines are on achievable prior to
accepting any new project.
3.0 RESUMES QF NEW KEY PERSONNEL
3.1. We have had the same staff for the past several years. No new resumes are
included herein.
4.0 FEE SCHEDULE
4.1. The following fee schedule will be current for the City of Newport Beach for the
period from July 1, 2008 through December 31, 2010. Any project with a signed
contract during this period will be held to these fee rates, even if the contract
period extends past June 30, 2010.
• Managing Principal
$160.001hour
• Principal in Charge
$140.00 /hour
• Project Manager
$120.00 /hour
• Job Captain
$ 85.00/hour
• Professional Staff
$ 65.001hour
Thank you for allowing us this opportunity to extend our contract with the City of Newport Beach
for another two years.
Should you have any questions, please feel free to call us.
Cordially,
I•
Harry H. ..
Principal
CA#1 777
APPROVED AND ACCEPTED:
Name/Title
Date
Landscape Architects are regulated by the state of California. Any Questions concerning a Landscape Architect may be
referred to the Landscape Architects Technical Committee at:
Landscape Architects Technical Committee. 400 R Street, #4000, Sacramento, CA 95614 (916) 575 -7230.
P- NPB- Gncall- Extension- Ikc20I0.doc
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.,
FOR ON LANDSCAPE ARCHITECTURAL SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
David Volz Design Landscape Architects, Inc., a California corporation whose address
is 151 Kalmus Drive, Suite M8, Costa Mesa, California, 92626 "Consultant "), and is
made with reference to the following:
RECITALS
A. On June 27, 2006, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement', for On Call
landscape architectural services for the City of Newport Beach, hereinafter
referred to as `Project'. This Agreement is scheduled to expire on June
30, 2008.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to December 31, 2010.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for various services performed pursuant
to this Amendment No. 1 and according to the Request to Extend On -Call
Services Agreement dated May 1, 2008, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for services performed pursuant to this
Amendment No. 1 for all work performed from July 1, 2008, to December
31, 2010, including all reimburseable items and subconsultant fees, shall
be based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to December 31, 2010.
4. The agreement will now be administered by David Webb for the Public
Works Department as Bill Patapoff has retired.
1
5. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
C
City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
David Volz Design Architects, Inc.:
By:_
Title:
(Corporate Officer)
Print Name:
M
(Financial Officer)
Print Name:
Attachments: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
F, \Users \PBW\Shared\Agreements \FY 0 8-09 \0n -Call SeNlcesWolz- Landscape -On -Call Amendment -1.doc
May 1, 2008
Wkvi it %1F4 1v ®61aFIR I[
www.dvril�desfyn:com
Exhibit A
Heine Office
151 Ka4nW t ?rive: Suite. -f'1@
Newport Beach
City of New 17
Cosa Mesa. CA 92626
phone 714.64{.{ 3411
Michael Sinacori
fox 714.641.1323
3300 Newport Boulevard
Post Office Box 1768
�p°`heuOY°� Office
78M calla Estkdo
Newport Beach, CA 92658 -8915
-YW3
La Qul�m, CA 92233
phone 760.6 80.5145
RE: On -Call Landscape Architecture Design Service — Request for Contract .Extension fox 760.564.0369
Dear Mr. Sinacori,
Thank you for requesting a contract extension from my firm, David V olz Design. We are very happy
being a part of the City of Newport Beach team. Some of our previous successful projects with your city
include: a feasibility study for Morning Canyon, and park design and construction observation services
for Castaways and Cliff Drive Park, and our current projects at Irvine Blvd., River Avenue, and the small
parkette in Newport Shores.
David Volz Design is a full - service, LEED accredited, landscape architectural firm available to perform
the following services for the City of Newport Beach
■ initial planning
■ environmental coordination
■ concept design services
IN construction document. development
■ construction oversight and management
■ maintenance and operations analysis
■ programming
r on -call services
■ plan checking
I am eager to work with you to plan, design and see Newport Beach's projects through to their
completion. I will be managing this team and act as your point of contact with my firm. I will be assisted
by a team of respected landscape architects, civil and structural engineers, building designers, and support
staff.
The enclosed Request of Contract Extension package includes any updated information about my firm. I
am looking forward to continuing a long term relationship with the City of Newport Beach. Thanks again
for offering us this opportunity.
Very, truly yours,
vDAviob WDLE IMSPIGN
raVLoalnd-scape -
Princ Architect 42375
LEED Accredited Professional
nectgNt«g tardseapcsphat erratc corN:wa+tiy
DAVID VOLZ DESIGN HOURLY RATE
AND FEE SCHEDULE
(EFFECTIVE THROUGH DECEMBER, 2010)
PRINCIPALS $175-- $220/hour
PROJECT MANAGERS $145 - $175 /hour
LICENSED PROFESSIONALS $135 - $175 /hour
PROJECT DESIGNERS $125- $155/hour
TECHNICIANS $105- $125/hour
INSPECTORS $100- $130/hour
ADMINISTRATORS $75- $100/hour
DAVID VOLZ DESIGN hourly rates are inclusive of direct
costs such as vehicle usage and mileage, equipment usage
(including computers). Printing, copying, and sub - consultant
expenses will be billed at cost plus fifteen percent. Printing
prepared in -house will be provided at market rates with no mark-
up.
PROFESSIONAL SERVICES AGREEMENT WITH
DAVID PEDERSON, INC., FOR ON -CALL
ON CALL LANDSCAPE ARCHITECTURAL SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and DAVID PEDERSON, INC., a Nevada corporation, whose
address is 20271 Acacia, Newport Beach, California, 92660 ( "Consultant "), 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 has a need for on -call assistance for Landscape Architectural Design
Services.
C. City desires to engage Consultant to perform on -call landscape architectural
design services throughout the City on an as need basis (`Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be David A.
Pedersen.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2010, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Calf' landscape architectural design services as
described in the Statement of Qualifications attached as Exhibit "A." Upon
verbal or written request from the Project Administrator, Consultant shall provide
a letter proposal for services requested by the City (hereinafter referred to as the
"Letter Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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.
I:
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
.performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work 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 Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
3
5. PROJECT MANAGER
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 A.
Pedersen 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.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael
J. Sinacori, P.E. shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
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delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
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
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
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10. INDEPENDENT CONTRACTOR
It 'is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
O
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Reguirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation . Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
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any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million .dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
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F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
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 written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
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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.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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 contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Consultant's drawings and specifications provided
under this Agreement.
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22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
23. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his 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.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
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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 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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3342
Fax: 949 - 644 -3318
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
David A. Pedersen, Inc.
20271 Acacia, Suite 120
Newport Beach, CA 92660
Phone: 949 - 251 -8999
28. TERMINATION
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, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
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termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. 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, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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
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reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. 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.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:. A e"t'— C-
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward Selich
Mayor
for the City of Newport Beach
David Pedersen, Inc.:
is
(Corporate Officer)
Title:
Print Name:
M
(Financial Officer)
Print Name:
Attachments: Exhibit A — Statement of Qualifications
F :%Usem\PBw\Shared\Agreements%FY 08 -0910n -Call SewicesTederson- On Call - Landscape.doc
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Exhibit A
David A. Pedersen
20271 Acacia, Suite 120
Newport Beach, CA 92660
May 2, 2008
City of Newport Beach
Public Works Department
3300 Newport Blvd.
P.O.Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Sinacori and to whom it may concern,
I am a self employed, licensed and insured Landscape Architect working
alone in my Newport Beach office. I have been working for twenty years
and I am very conscientious. My business is based upon my reputation for
being responsible and reliable. I answer my own phone and therefore am
available upon request for last minute issues that come up as well as planned
meetings and consulting.
My fees vary based upon each individual job and depends on whether I am
being hired for an hourly consulting fee or a flat fee based upon a large
ongoing project.
My hourly fee is $95.00 per hr.
Printing fees are $10.00 first plot (the original) and then $2.75 per sheet. I a
happy to e -mail PDF files to the City so you can run your own prints.
If you have any questions regarding my services, please feel free to contact
me.
Sincerely,
David A. Pedersen
David A. Pedersen, Inc.
20271 Acacia, Suite 120
Newport Beach, CA 92660
(949) 251 -8999
Education:
Orange Coast College A.A. Horticulture
Cal Poly Pomona B.S. Landscape Architecture 1987
Skills & License
California L.A. License 3895
Computer Aided Drafting
Career Highlights
*Self employed for over 20 years
*Experience working with various city Building
Departments and Public Work Depts. including
the City of Newport Beach
*Experience working with private community associations `
*Landscape Architecture for Custom Residences and
Commercial Properties
*Experience working with the Coastal Commission
Recent Public Works Agency Work:
1. Mesa Birch Park
2. Mariners Park Restroom Building Landscape Changes
3. Joint use project in Santa Ana Heights O.C.F.C.D.
channel maintenance parcel and temporary equestrian facility
4. CDM median landscape lighting
5. Newport Shores 62nd St. green belt areas
6. Newport Beach Public Library Main Branch
Improvement Landscape Plan
References: Available upon request and Newport
Beach City Employees as follows:
1. Randy Kearns
2. Fong Tse
3. Michael Sinacori