HomeMy WebLinkAboutC-4835 - On-Call PSA for Landscape Architectural ServicesRaymund
From: McDonald, Cristal
Sent: Wednesday, June 04, 2014 7:49 AM
To: Reyes, Raymund
Subject: RE: 1/22/13 - Item 4
Hi Raymond, per our discussion let me know if an Amendment will be executed or if it is not needed. Thanks. Cristal.
From: McDonald, Cristal
Sent: Thursday, May 01, 2014 4:55 PM
To: Reyes, Raymund
Cc: Delorme, Lucie
Subject: 1/22/13 - Item 4
Hi there. Our office does not have a record of the Amendment No. One with David Pederson (C-4835) back from 2013.
Can you look into this one? I only have internal notes of receiving TCLA (which was on the same staff report). Thanks.
Cristal M. McDonald
Deputy City Clerk
City of Newport Beach
100 Civic Center Drive I Newport Beach I CA 192660
T (949) 644-30051 F (949) 644-3039 1 cmcdonald@new12ortbeachca.gov
1
McDonald, Cristal
From:
Reyes, Raymund
(�
Sent:
Wednesday, June 04, 2014 8:11 AM
To:
McDonald, Cristal
Subject:
RE: 1/22/13 - Item 4
v
Hi Cristal —this one will not
be needed —thanks!
Raymund
From: McDonald, Cristal
Sent: Wednesday, June 04, 2014 7:49 AM
To: Reyes, Raymund
Subject: RE: 1/22/13 - Item 4
Hi Raymond, per our discussion let me know if an Amendment will be executed or if it is not needed. Thanks. Cristal.
From: McDonald, Cristal
Sent: Thursday, May 01, 2014 4:55 PM
To: Reyes, Raymund
Cc: Delorme, Lucie
Subject: 1/22/13 - Item 4
Hi there. Our office does not have a record of the Amendment No. One with David Pederson (C-4835) back from 2013.
Can you look into this one? I only have internal notes of receiving TCLA (which was on the same staff report). Thanks.
Cristal M. McDonald
Deputy City Clerk
City of Newport Beach
100 Civic Center Drive I Newport Beach I CA 192660
T (949) 644-30051 F (949) 644-3039 1 cmcdonald@new12ortbeachca.gov
1
���WPORT CITY OF
NEWPORT BEACH
<I FO RN
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
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 CitVs 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 PagEMT2 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,
offlclals, 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.
1.5.2 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
`�-,,
it
Brown, Leilani9
From:
Laura Curran [lauracurran@me.comj
Sent:
Tuesday, January 22, 2013 12:00 PM
To:
Dept - City Council; dsinacori@newportbeachca.gov; Webb, Dave (Public Works)
Cc:
Kiff, Dave; Brown, Leilani
Subject:
Questions re Approval of Amendment No.1 to the On -Call Professional Services Agreements
with TCLA, Inc., and David A. Pedersen
Please include in the Public Record for the 1/22 Council Meeting.
To the City Council & City Staff:
Re Agenda Item 4
Approval of Amendment No.1 to the On -Call Professional Services Agreements with
TCLA, Inc., and David A. Pedersen
This Agenda item calls for an increase in the Professional Landscaping contract for 2
contractors, as per report: 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."
The Report does not discuss or describe:
1. what projects they have worked on previously
2. what projects they will be assigned to
3. how many City Staff will be working on related projects, who will supervise these
contractors, and why Contractors are required instead of City Staff
Can you please direct me to where this information is available.
Thank you
Laura Curran
I
ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH
DAVID A. PEDERSEN FOR ON-CALL
LANDSCAPE ARCHITECT SERVICES
THIS ON-CALL PROFESSIONAL SERVI ES AGREEMENT ("Agreement") is
made and entered into as of this __13Liv.day of KVPLJV , 2011, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and DAVID A.
PEDERSEN, a sole proprietor whose address is 20271 Acacia, Suite 120, 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 architecture services
C. City desires to engage Consultant to perform on-call landscape architecture
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 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 3151 day of January, 2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call' landscape architecture 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 (as defined below in
Section 6) 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.
David A. Pedersen Page 2
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. Total compensation paid to Consultant during the term of this
Agreement shall not exceed One Hundred Twenty Thousand Dollars and 00/100
($120,000.00) without written amendment to the Agreement.
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.
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
David A. Pedersen Page 3
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 City's Public Works Department. Mike
Sinacori, Assistant City Engineer, or his designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or an 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 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.
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
David A. Pedersen Page 5
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
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.
David A. Pedersen Page 6
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 Requirements.
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 Employer's Liability Insurance in accordance with
the laws of the State of Califomia for all of the subcontractor's
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
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
David A. Pedersen Page 7
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.
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.
David A. Pedersen Page 8
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 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. 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.
David A. Pedersen Page 9
19. 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.
20. 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.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
23. 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.
David A. Pedersen Page 10
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.
24. 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:
Mike Sinacori
Public Works Department
City of Newport Beach
PO Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Phone: 949-644-3342
Fax: 949-644-3308
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant at:
David A. Pedersen
20271 Acacia, Suite 120
Newport Beach, CA 92660
Phone: 949-251-8999
Fax: 949-251-0899
25. 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,
David A. Pedersen Page 11
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 and other
information developed or accumulated in the performance of this Agreement, whether in
draft or final form.
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 of seq.).
27. 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.
28. 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. 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.
30. 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.
31. 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.
David A. Pedersen Page 12
32. SEVERABILITY
If any term or porton of this Agreement is held to be invalid, illegal. or otherwise
unenforceable by a cowl of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
33. 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.
34. 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.
35. 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.
David A. Pedersen Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE Of TY ATTORNEY
Date:
r r
By.
Leonie Mulvihill
Assistant City Attorney 11p,
ATTEST: ,,II
Date:
: Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: Lt i e
By:
Dave KW
City Manager
CONSULTANT: DAVID A. PEDERSEN, a
Sole Proprietor
Date:
By: U-4
David A. Pedersen
Sole Proprietor
Attachment: Exhibit A — Statement of Qualifications and Schedule of Billing Rates
David A. Pedersen Page 14
EXHIBIT A
David A. Pedersen
20271 Acacia, Suite 120
Newport Beach, CA 92660
December 6, 2010
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,
1 am a self employed, licensed and insured Landscape Architect working
alone in my Newport Beach office. I have been working for twenty five
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 1 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
am 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
ACOM CERTIFICATE OF LIABILITY INSURANCE OP IDCL DAM(MMODmYV1
PEDER-3 03/11/11
PRODUCER
Oelker & Rohrer Insurance Agcy
151 Kal=s Drive, Suite J3
Costa Mesa CA 92626
Phone:714-352-0642 Fax:714-641-1744
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC0
M43URED
DaviO A. Pedersen Lauscape
NMitecture
1 Acacia Street Suite 120
Newport Beach CA 92660
INSURERA GOLDEN RUMS INSURANCE CO.
INSURER B
INSURER C.
INsuRERD'
INSURER E.
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
S
TWE OF INSURANCE
POLICY NUMBER
POUCY EFFECTIVE
DATE WAV
DATE
LIMITS
NEWPORT BEACH CA 92660
REPRESENTATIVES.
GENERAL LIABILITY
Gelker & Rohrer Insurance Ac
EACH OCCURRENCE $ 1000000
A
X
X CQVTAERCIALGENERALLIABIUTY
CEP6069873
03/10/11
03/10/12
PREMISES(ESX CEuC'ce $ 300000
MED EXP(fw Xre Per) $5000
CLAIMS MADE aOCCUR
PEREONOL B AOV INJURY $100000
GENERAL AGGREGATE 52000000
GENU AGC#GATE LIMIT APPLIES PER
PRODUCTS - COMPIOP AGG $2000000
X POLICY JJER� LDC
A
X
AUTOMOBILE
LIABILITY
ANYALITO
BA5945265
03/10/11
03/10/12
COMBINED SINGLE LIMIT $1000000
(Es.,del$)
EODILY INJURY
(Per person) $
X
PLL OYYNED ALTOS
SCHEDULEDALfOS
BODILY INJURY
(Per eXCle ) $
X
X
HIRED AUTOS
NONOY EDAUIOS
PROPERTY DAMAGE $
(Per ac 144)
GARAGE LIABILITY
NJTOONLY-EAACCIDEM $
OTHER THAN EAACC $
ANY ALTO
AUTO ONLY.
EXCESSNMBRELLA LIABILITY
EACH OCCURRENCE $
OCCUR ❑CWMS MCC£
j'
AGGREGATE $
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
CORY LIMITS ER
EMPLOYERS -LIABILITY
ANY PROPRIETORRARTNERTE ECUTIVE
EL. EACH ACCIDENT $
EL DISEASE EA EMPLOYE $
OFFICERrtVEMBER EXCLUDED?
If yes, UesCnbe.r er
SPECIAL PROVISIONS bNXw
EL DISEASE POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I MLUSIONS ADDED BY END ORSEMENT I SPECIAL PROVISIONS
CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE
NAMED ADDITIONAL INSUREDS PER ATTCHED FORM 22-123, WAIVER OF SUBROGATION
INCLUDED PER ATTACHED CO 2404
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2001108)
®ACORD CORPORATION 1986
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING WSURER WILL EIDEAVORTO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SLIT FAILURE TO 0080 SMALL
CITY OF NEWPORT BEACH
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KNO UPON THE INSURER, ITS AGENTS OR
3300 NEWPORT BLVD
NEWPORT BEACH CA 92660
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Gelker & Rohrer Insurance Ac
ACORD 25 (2001108)
®ACORD CORPORATION 1986
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AFFIRMATIVELY OR NEGATWELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT
CONSTITUTE ACONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: R 1W ceREkate holler Is an ADDITIONAL INSURED, the polloyges) must he endoraW. if SUBROGATION IS WAIVED, seb)ed to the 161M and condaions of the
p4m cartaln Policies may mqulm an endorsement. A st h ment en thN WrIfltcate does wl confer rights to ampriBcate holdar In Ilau d ouch ondarsament(s).
ER
atzowInsurance
72301W. 22nd Street Suite 208
k Brook, IL 60523
CONTACT NAND JO ELLEN COX _
PHONE (630)488 -OW FAX (630)928.OM
EMAIL ADDRESS IoolantzoW nsurance.Com
INSURER(S) AFFORDING COVERAGE NAIC M
INSURERA: New Hampshire Irlsufarm Company 23641
INSURED
David A. Pedersen
d/b/a: David A. Pedersen, L/A
20271 Acacia Street
Suite 120
Newport Beach, CA 92660
INSURER 6:
INSURER C;
T
INSURER o: _
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
A0121
INSR
SUBF
WYO
PCLK:Y NUMBER
POLICY EFF
IMWWNYVYI
POLICY EXP
(MMTOWYYYYI
LIMITS
•. _
GMUALLIABILItY
EACH OCCURRENCE
NTED e)
REMISES (Ea a accts
PREMISES (TY
COMMERCIAL GENERAL UARRI
0CLAIMS MADE OCCUR
r 7
❑
NED EXP (Mymis pagan) S
DOES NOT APPLY
FERSONAL AND ADV INJURY
NERAL AGGREGATE s
GENL AGGREGATE MIT APPLIES PER
PRODUCTS -CONPRW AGG S
POLICY 7PRojecT Loc
AUTOMOBILE LWBIIJTY
❑ANYAUTO SMadulotl
A.
a❑
COMBINED SINGLE LIAR 4
IEeadaNJU
900LLY INJURY (Per persoN S
ALLDOMED❑Nooawned
DOES NOT APPLY
aODRYINJURY(Per Aeddmt)
AUTOS Autos
❑Med Aurm
PROPERTY DAMAGE 5
IPePERswiY
UMBRELLALIAB OCCUR
LJ
I
EACH OCCURRENCE I
EXCESSLIA6 Ej CLAIMS41ADE
DOES NOT APPLY
AGGREGATE
DED U RETENTION a
WORKERS COMPENSATION
AND EMPLOYERS'DABAITY YIN
ANYPROPRIETORIPARTNE1UEXECUTIYE
OFFICENMEMBER EXCL.UDEOT
MAF]
DOESNOTAPPLY
WC LINUE
TORYIMR3 GIRH-
E.L. EACH ACCIDENT
E.L. OIBEASE • EA EMPLOYEE
EL b]6EASE-POLICY UMR
1,000,000 each claim
A
PROFESSIONAL LIABILITY
[j
011104763
1102D10
11/8/2011
11000,000 aggregate
DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more Space is mclulred)
CERTIFICATE HOLDER
CANCELLATION
City of Newport Beach,
Public Work Dept.
CIES BE CANCELLED BEFORE THE
EXEXPIRATION DATE THEREOF, NOTICE WILHOULD ANY OF THE ABOVE DESCRIBED L BE DELIVERED M ACCORDANCE WITH
Attn: Mike Sinaocri
THE POLICY PROVISIONS.
P.O. Box 1768
330 Newport Blvd.
Newport Beach, CA 92658-8915
AUTHOR S® REPRESENTATIVE
LEATZOW INSURANCE
I/ ®(1888.2010 ACORD CORPORATION. All rights reserved.
ACORD 26 (2010106) The ACCORD name and logo are registered marks of ACORD
Forming a part of
Policy Number: CBP 6069873
Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION
Named Insured:
Agent:
DAVID A. PEDERSEN LANDSCAPE
GELKER & ROHNER INSURANCE AGEN
ARCHITECTURE
CY
Agent Code: 4296100 Agent Phone: (714)-352-W2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule below
because of payments we make for injury or damage arising out of your ongoing operations or "your work" done
under a contract with that person or organization and included in the "products -completed operations hazard "This
waiver applies only to the person or organization shown in the Schedule below.
SCHEDULE
Name of Person or Organization:
CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS,
EMPLOYEES AND VOLUNTEERS
3300 NEWPORT BLVD., NEWPORT BEACH 92660
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement).
Copyright, Insumnce Services Office, Inc., 1992
CG 24 04 (10199)
AGENT COPY
031+10/2011 9099873 NEUSXRCB1509 PGDA90901) J32391 GOAFPPN 00009423 Pegs 31
Forming a part of
Policy Number: CBP 5069873
Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION
Named Insured:
Agent:
DAVID A. PEDERSEN LANDSCAPE
GELKER & RORHER INSURANCE AGEN
ARCHITECTURE
CY
Agent Code: 4296100 Agent Phone: (714)-352-0642
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF OTHER INSURANCE CONDITION - DESIGNATED
PERSONS OR ORGANIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the
endorsement.
A. The following is added to provision a. Primary Insurance of paragraph 4. Other Insurance under SECTION IV—
COMMERCIAL GENERAL LIABILITY CONDITIONS.
However, when the person or organization shown in the Schedule of this endorsement has been added as an
additional insured to this Coverage Part by attachmentof an endorsement, we will not seek contribution from
the "person's or organization's own insurance" provided that:
(1) You and such person or organization have agreed in a written contract that this insurance is primary and
non-contributory; and
(2) The "bodily injury' or "property damage" occurs, or the "personal and advertising injury" is committed,
subsequent to the execution of such contract.
B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS&.
"Person's or organization's own insurance" means other insurance:
a. That covers liability for damages arising out of the premises, ongoing operations, products or completed
operations described in the Schedule of this endorsement; and
b. For which the person or organization shown in the Schedule of this endorsement is designated as a
Named Insured.
SCHEDULE
Name and Address of Person Or Organization:
CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS,
EMPLOYEES AND VOLUNTEERS
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 82660
Description of:
Premises:
20271 SW ACACIA ST STE 120
NEWPORT BEACH, CA 92660
22123 (01107)
Includes copyrighted material of Insurance Services Office, Inc., with its perrnission.
AGENT COPY
03/10/2011 BDN873 NEUSXRCB1503 PGDMOSOD J32391 GCAFPPN 00009421 P090 29
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of1he State of California.
Executed on this 8`s' day of March 2011, at Newport Beach, California..
David Pedersen, Landscape Architect
(Print Consultant's name and title)
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 3-29-11
Date Completed: 3-30-11
Dept./Contact Received From:
Sent to: Shauna
By:
Company/Person required to have certificate: David A. Pederson Landscape Architecture
1. GENERAL LIABILITY
A.
INSURANCE COMPANY: Golden Eap1e Insurance Co.
B.
AM BEST RATING (A-: VII or greater): A: XV
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 M Oce/$2M Aggregate
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
® Yes
❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes
❑ No
H.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes
® No
I.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Endeavor Wording
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Golden Eagle Insurance Co.
B. AM BEST RATING (A-: VII or greater) A: XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What is limits provided? $1,000,000 CSL
E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail: per Lauren Farley, the City will accept the
endeavor wording.
Endeavor wording
A. INSURANCE COMPANY: Certificate of Exemption for Work Comp Insurance
B. AM BEST RATING (A-: VII or greater):
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
� March 30, 2011
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
❑ Requires approval/exception/waiver by Risk Management B&B initials
Comments:
Approved:
Risk Management Date
® Yes ❑ No