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Home My WebLink About07 - On-Call Public Works InspectionCITY OF F NEWPORT REACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: November 12, 2014 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644 -3330, dawebb@newportbeachca.gov Mark Vukojevic, Deputy Public Works Director /City Engineer (949) 644 -3319 Approval of Amendment No. 1 to the Professional Services Agreement with Interwest Consulting Group, Inc. for On -Call Public Works Inspection On December 9, 2013, the City entered into a Professional Services Agreement with Interwest Consulting Group, Inc. for on -call Public Works Inspection services. On -going capital projects and private developments necessitate an extension and increase in the agreement limits. RECOMMENDATION: a) Approve Amendment No. 1 to the current Professional Services Agreement with Interwest Consulting Group, Inc. for on -call as needed Public Works Inspection services increasing the original contract by $160,000 and extend the agreement term to February 29, 2016; and b) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. FUNDING REQUIREMENTS: Sufficient funds are available in the annual operations budget for Public Works Department Engineering Services Division (5100 -8080) for this agreement amendment for the current fiscal year. Funds for services to be performed in subsequent fiscal years will be appropriated annually as needed through the normal budget process. DISCUSSION: The City entered into a Professional Services Agreement with Interwest Consulting Group, Inc. on December 9, 2013 to provide on -call as needed Public Works Inspection services for various City Capital Projects, utility projects, and private development projects. Interwest was one of several firms chosen in the fall of 2013 through a competitive selection and evaluation process to provide on -call as needed services. Interwest specializes in providing contract staff to augment City staff in the delivery of these projects. Their services include construction inspection project and utility coordination material testing and contract administration duties. 7-1 Public Works will soon reach the contractual compensation limits of the current agreement and desires to extend the agreement for additional work. The City's Capital Improvement Program remains historically large and private related permitting /development continues to remain strong, which in turn necessitates the continued need for additional contract assistance. Over the past year, the contact inspectors with Interwest have proven their experience and have developed a familiarity with various projects, procedures and stakeholders in the City. In order to continue to be efficient, the Public Works Department recommends using this firm for approximately one additional year and increasing the agreement contractual limits. The scope of work by Interwest would remain the same. Services are provided on an hourly basis and remain very competitive and favorable to the City. The billing rates will be slightly adjusted per the upcoming Consumer Price Index values. Generally, the Public Works Department uses a variety of on -call professional services to accomplish its workload. For this reason, staff recommends that the not -to- exceed agreement amount be increased by an additional $160,000, bringing the new total agreement cap to $280,000. The annual budget allocations are sufficient and no budget amendment is requested. Additionally, approval of Amendment No. 1 will change and transition the term of the agreement to from December 31, 2015 to February 29, 2016. This term change will allow the Department some additional efficiency and flexibility at the end of the year. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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). ATTACHMENTS: Description Attachment A - Amendment No. One with Interwest Consulting Group, Inc. 7 -2 ATTACHMENT A AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. FOR PUBLIC WORKS INSPECTION (CAPITAL PROJECTS AND PRIVATE DEVELOPMENT) THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 29th day of October, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and INTERWEST CONSULTING GROUP, INC., a California corporation ( "Consultant "), whose address is 15061 Springdale Street, Suite 205, Huntington Beach, California 92649, and is made with reference to the following: RECITALS A. On December 9, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") to perform on -call inspection services throughout the City on an as- needed basis ( "Project "). B. City desires to enter into this Amendment No. One to extend the term of the Agreement to February 29, 2016 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on February 29, 2016, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is 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 B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Eighty Thousand Dollars and 00/100 ($280,000.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Sixty Thousand Dollars and 00/100 ($160,000.00). Interwest Consulting Group, Inc. Page 1 7 -3 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Interwest Consulting Group, Inc. Page 2 7 -4 IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 u14) I I U VA Aaron C. Harp c,M io ji ilr'1 City Attorney ATTEST: Date: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: BY: Rush N. Hill, II Mayor CONSULTANT: Interwest Consulting Group, Inc., a California corporation Date: Bv: Terry Rodrigue President Date: By: Debbie Thorson Chief Financial Officer [END OF SIGNATURES] Interwest Consulting Group, Inc. Page 3 7 -5