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HomeMy WebLinkAbout10 - Construction Support ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 January 28, 2003 TO: Mayor and Members of the City Council FROM: Public Works Department Lois Thompson, Administrative Manager 949 - 644 -3311 Ithompson@city.newport-beach.ca.us SUBJECT: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH PROSOURCE, INC., FOR CONSTRUCTION SUPPORT SERVICES RECOMMENDATION: Approve Amendment No. 2 to the Professional Services Agreement with Pro Source, Inc., for extension of contract construction inspection services in the amount of $36,000. DISCUSSION: A Public Works contract construction inspector was retained through an informal contract with ProSource, Inc., on November 13, 2001. Due to the recent retirement of two construction section staff members (one a Senior Public Works Inspector) and the current and upcoming inspection workload for Capital Improvement Program (CIP) construction projects, we continue to require the services of a contract inspector. Recruitment for a replacement Public Works Inspector is underway at this time. However, it is expected there will be at least a two -month period before a replacement inspector is recruited and perhaps another two- months before the new inspector can take on a full load of inspection projects. A contract time extension for the current contract inspector will help meet the interim needs of the Public Works Department. Amendment No. 2 will extend the term of the contract to September 15, 2003, and is necessary to maintain an adequate staffing level to handle the current and future inspection workload. SUBJECT: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH PROSOURCE, INC., FOR CONSTRUCTION SUPPORT SERVICES January 28, 2003 Page 2 SCOPE OF SERVICES: Acting under the direction of the Public Works Construction Engineer, this contract inspector will be assigned to various construction projects with the following general scope of work: 1. Inspect construction work for assigned projects on a daily basis. Ensure work done is per contract specifications and plan drawings. 2. Coordinate the contractor's work with residents, businesses, other City departments, and utility companies on a regular basis. 3. Prepare item quantity estimates with contractor's superintendent to submit to construction engineer for monthly progress payments. 4. Inform construction engineer of potential project changes. Obtain contractor cost estimates for suggested changes and for approval by construction engineer. 5. Perform final inspections and prepare punch lists 6. Perform miscellaneous tasks as may be requested by City Staff. Environmental Review: This activity is not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: Funds are available in the Public Works, Engineering Division, Operations and Maintenance Account No. 5100 -8080 in the amount of $36,000 to cover the costs of the additional contract inspection services. Public Notice: Not Applicable Prepared by: Lois Thompson Administrative Manager Submitted by: $tephe - . Badum Publi Works Director Attachments: Amendment No. 2 November 13, 2001 — Approval of Professional Services Agreement February 26, 2002 — Approval of Amendment No. 1 PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES AMENDMENT NO. 2 THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and PRO SOURCE, whose address is 1221 E. Dyer Road, Suite 200, Santa Ana, California, 92705, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On November 26, 2001, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Construction Inspection services. B. On February 26, 2002, CITY and CONSULTANT amended the Professional Services Agreement by executing Amendment No. 1. , B. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to September 15, 2003. C. CITY desires to compensate CONSULTANT for additional professional services needed. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 2. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 2 shall not exceed thirty six thousdand and 001100 Dollars ($36,000). 2003. 3. The term of the AGREEMENT shall be extended to January 15, 4. 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. 2 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation L" APPROVED AS TO FORM: Mayor City of Newport Beach By: City Attorney ATTEST: By: LaVonne Harkless City Clerk Pro Source, Inc. XW f : \users\pblshared\agreements \fy 02- 03\prosource amend no. 2.doc PRO SOURCE, INC BASIC AGMAIENT City of Newport Beach EXHIBIT "A" PT-o r-ce- Pro Source, Inc. Suite 200 1221 E. Dyer Rood Santa Ana, CA 92705 Voice 714755+4100 Pax: 714,755,4104 In accordance with your instructions, we are assigning our employee, Nick Codinez to your Project in the capacity of Public Works Inspector bed Wing in January 2003. Confirming our verbal quotation, the Billings, Rate for these services will be as follows. Bill Rate: $ 51.00 per hour Overtime Rate: $ 76.50 per hour The following terms will govern this assignment Billings will be rendered weekly based upon time slips, which Pro Source, Inc. will provide to our employee that must be signed by your representative each week. Terms are payable Net 30 days. 2, This agreement is made with the understanding that City of Newport Beach will be allowed to employ Nick Godinez on a permanent basis without the permission of Pro Source, Inc. at any time during or at the end of the contract for at least a 6- month period. 3. You acknowledge and confum that our employee is working at your facility solely under your direction and supervision. We request that you sign and return a copy of this confirmation to Pro Source, Inc- Thank you for the opportunity to service your company. Pro Source Representative: 1221 E.e5,er Road, Suite 200 Santa Ana, CA 92705 Company: City of Newport Beach Authorized Signature and Title City of Newport Beach 3800 Newport; Boulevard Newport Beach, CA 92663 November 13, 2001 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC WORKS INSPECTION SERVICES RECOMMENDATIONS: Approve a Professional Services Agreement for Inspection Services with Quantum Consulting for $75,000. Authorize the Mayor and the City Clerk to execute the Agreement. Authorize a Budget Amendment appropriating $150,000 to 5100 -8080 (Services — Professional & Technical) from General Fund unappropriated surplus fund balance. DISCUSSION: Currently the inspection demands on the City's three full -time inspectors far exceeds their capacity. There are approximately 16 projects in various stages of construction at this time and an additional 5 projects scheduled to be awarded before January 1, 2002. From January 1, 2002 through July 1, 2002 Staff anticipates the award of an additional 20 construction projects. Our inspection staff needs to be increased by two contract inspectors as soon as possible to be able to provide necessary inspections for current and future construction projects as well as Encroachment Permit inspections. The first inspector is needed to provide inspection of the Newport and Balboa Piers Rehabilitation Project. The Quantum Consulting proposal in the amount of $75,000 offers the services of an.inspector with over 35 years of Public Works experience and ocean - related project experience with the City of Los Angeles Ports and Harbors Department. The second inspector is needed to inspect various CIP construction projects scheduled to begin shortly. Staff is communicating with several other firms to find this inspector. It is anticipated an additional $75,000 will be needed for these services and another Agreement will be brought to Council for consideration at a future meeting. SCOPE OF SERVICES: Acting under the direction of the Public Works Construction Engineer, the contract inspectors will be assigned to the Pier Rehabilitation and various other construction projects with the following general scope of work: SJ3-'ECT: Approval of Proiessional Services Agreement for Public Works Inspection Services npte: November 13, 2001 Page 2 1. Inspect construction work for assigned projects on a daily basis. Insure work done is per contract specifications and plan drawings. 2. Coordinate the Contractor's work with residents, businesses, other City Departments, and utility companies on a regular basis. 3. Prepare item quantity estimates with Contractor's Superintendent to submit to Construction Engineer for monthly progress payments. 4. Inform Construction Engineer of potential project changes. Obtain Contractor cost estimates for suggested changes and for approval by Construction Engineer. 5. Perform final inspections and prepare punch lists. 6. Perform miscellaneous tasks as may be requested by City Staff. Staff is requesting Council to authorize a total of $150,000 to the Public Works/Engineering Operations budget to facilitate the payment of these services throughout the fiscal year. Although this expenditure is initially being authorized in the General Fund as an operating expenditure, at year -end, these expenditures will be allocated back to the specific CIP's the inspection services were utilized for. The General Fund will be reimbursed if the inspection services were utilized for CIP's funded by sources other than the General Fund. Respectfully - -- -PUBL C -WORKS DEPARTMENT Step'h'en G. Badum, Director By: R. Gunther, P.E. Construction Engineer Attachment: Agreement PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES THIS AGREEMENT, entered into this sq� - day of 210Jefl7ber— , 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Pro Source, Inc., whose address is 1221 E. Dyer Road, Suite 200, Santa Ana, CA 92705, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to perform construction inspection services upon the terms and conditions contained in this Agreement. C. The principal member of Consultant for purpose of this Agreement is Scott Ryan. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided 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 thea(0 day of e �l/e464Y' 2001, and shall terminate on the 28th day of February 2002, unless terminated earlier as set 1 forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide Construction Inspection services. (Consultant Fact Sheet attached as Exhibit "K.) Upon verbal request from Services Administrator, Consultant shall provide letter proposals for services requested by the City. The letter proposal shall include the estimated cost and time to complete the services, including the estimated number of hours and position for each person assigned to perform the services contained in the letter proposal. No Services shall be provided until the City has provided written acceptance of the letter proposal. Consultant shall diligently perform the duties in the approved letter proposals, in accordance with the terms and conditions of this Agreement. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Appendix `B" to Exhibit "A' attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all services performed in accordance with this Agreement shall not exceed the total contract price of Twenty Nine Thousand Three Hundred Seventy Six Dollars ($29,376). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis, what task the work is for and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit `B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants.for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and 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. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the 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. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Inspection does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Agreement to a Services Manager, who shall coordinate all aspects of this Agreement. This Services Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Scott Ryan to be its Services Manager. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in a timely manner. The failure by Consultant to strictly perform in a timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in E. writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 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. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep 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. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property 9 damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City: Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, which includes the "Waiver of Subrogration" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including the primary and non- contributory wording, covering third party liability risks, including without VA limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including the primary and non- contributory wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 4 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. ADMINISTRATION The Public Works Department will administer this Agreement. Robert Gunther shall be considered the Services Administrator and shall have the authority to act for City under this Agreement. The Services Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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. 19. 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 for a period of thirty (30) days from the date of withholding 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 seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 20. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a 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. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Agreement. 22. CONFLICTS OF INTEREST A. 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 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. B. 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. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 11 24. NOTICES All notices, demands, requests or approvals to be given under 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: Robert Gunther, P.E. City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Scott Ryan Pro Source, Inc. 1221 E. Dyer Road Suite 200 Santa Ana, CA 92705 714- 755 -4100 Fax: 714 - 755 -4104 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that parry shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting parry fails to give adequate assurance of due performance within two (2) days after receipt by defaulting parry from the other parry of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting parry may terminate 19 the Agreement forthwith by giving to the defaulting parry written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. WAIVER A waiver by either parry 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. 28. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her 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. 13 30. PATENT INDEMNITY Consultant shall 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. 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: 0 City Attorney t: \users\pbvhshared\agreementskty 01- 02\prosource.doc CITY OF NEWPORT BEACH A Municipal Corporation S. G. Badum ublic Works Director Pro Source, Inc. By: f PRO SOURCE, INC City of Newport Beach Froj�- Somee Pro Source, Inc. Suite 200 1221 E. Dyer Road Santa Ana, CA 92705 Voice 714-755.4100 Fax: 714- 755 -4104 In accordance with your instmcdons, we are assigning our employee, Nicholas Godinez to your Project in the capacity of Public Works Inspector beginning on, Monday, November 5, 2001. Confirming our verbal quotation, the Billing Rate for these services will be as follows. Straight time. $ 51.00 per hour Overtime Rate: $ 76.50 per hour The following terms will govern this assignment: Billings will be rendered weekly based upon time slips, which Pro Source, Inc. will provide to our employee that must be signed by your representative each week. Terms are payable Net 30 days. 2. This agreement is made with the understanding that City of Newport Beach will not be allowed to employ Nicholas Godinez a permanent basis without the pemrission of Pro Source, Inc. at any time during or at the end of the contract for at least a 6-month period. You acknowledge and confirm that our employee is working at your facility solely under your direction and supervision. We request that you sign and retain a copy of this confirmation to Pro Source, Inc Thank you for the opportunity to service your company. Pro Source Representative: Resource Specialist Pro Source, Inc 1221 E. Dyer Road, Suite 200 Santa Ana, CA 92705 Company: City of Newport Beach Authorized Signature and Tide City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 i r C T [(pp t5� i i'aiS�L LI [�k` tj�'� b �� Ge R.J 'J �..i PA D Z TO: Mayor and Members of the City Council FROM: Public Works Department February 26, 2002 CITY COUNCIL AGENDA ITEM NO. 4 SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES WITH PRO SOURCE, INC. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement for construction services with Pro Source, Inc. DISCUSSION: On November 13, 2001, the Council authorized a budget amendment appropriating $150,000 for contract inspection services. Public Works inspection staff needed to be increased by two contract inspectors as soon as possible to be able to provide necessary inspections for current and future construction projects, as well as Encroachment Permit inspections. The first inspector was retained via that Council approval and is being used on the Ocean Pier Rehabilitation project. The second inspector was retained using an informal contract that did not require Council approval. This inspector has many years of municipal inspection experience and has adjusted well to inspecting Newport Beach projects. The current and upcoming inspection workload for CIP construction projects will require continued additional inspection staff. The original contract amount for inspection services is approaching the threshold amount that requires Council approval and we are therefore bringing the amendment to the agreement to Council for approval. SCOPE OF SERVICES: Acting under the direction of the Public Works Construction Engineer, this contract inspector will be assigned various construction projects with the following general scope of work: 1. Inspect construction work for assigned projects on a daily basis. Ensure work done is per contract specifications and plan drawings. SUBJECT: Approval of Amendment No. 1 to the Professional Services Agreement for Construction Support Services with Pro Souroe, Inc. February 26, 2002 Page 2 Coordinate the Contractors work with residents, businesses, other City Departments, and utility companies on a regular basis. 3. Prepare item quantity estimates with Contractors Superintendent to submit to Construction Engineer for monthly progress payments. 4. Inform Construction Engineer of potential project changes. Obtain Contractor cost estimates for suggested changes and for approval by Construction Engineer. 5. Perform final inspections and prepare punch lists. 6. Perform miscellaneous tasks as maybe requested by City Staff. Council approved the expenditure for this contract inspection on November 13, 2001. Per that approval, the expenditure was initially being authorized in the General Fund as an operating expenditure. At year -end these expenditures will be allocated back to the specific CIP's utilizing the inspection services. The General Fund will be reimbursed if the inspection services were utilized for CIP's funded by sources other than the General Fund. Respectfully sub 'tted, PUBLt=W MENT Steve Badum, Director By: %1 R. Gunther, P.E. Construction Engineer Attachments: Amendment No. 1 Agreement Council Memo, November 13, 2001 S SEP.25.20021 3:20PM 07SPROSOURCE SANTA ANA Pro source -Corp 444 5&NrANO 156 v AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH PRO SOURCE P. 6/1 1'1j� 005 THIS AMENDMENT N0, 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this e?Lrt& day of 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as °CITY") and PRO SOURCE, whose address is 1221 E. Dyer Road, Suite 200, Santa Ana, California, 92705, (hereinafter referred to as "Consuftant" ), is made with reference to the following: SECITALS: A. on November 26, 2001. CITY and CONSULTANT entered Into a Professional services Agreement, hereinafter referred to as 'AGREEMENT', for Construction Inspection services. S. CITY desires to entw into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to September 30, 2002. C. CITY desires to compensate CONSULTANT far additional professional services needed. D. 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 fnilows: 1. CONSULTANT shall be carnpensated for services performed pursuant to this AMENDMENT NO. 1 according to 'Exhibit A' dated November 26, 2001, attached hareW. f T "�iStPBgps•pNRl�q,senxnSiFyoi- ,u_ I _ -rI0&Wd:01 ° aTV SSG -VTL UW HiRds SMU 4F to 23m 4 TV w SEP. 25. 20021 3:21PM %P78PROSOURCE SANTA ANA Pro source -Corp SAnANO, 156 P. ]/] �goos 2, Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed forty-five thousand and 001900 Dollars ($45,000,00). 3. The term of the AGREEMENT shall be extended to September 30, 2002. 4. Except as expressly modified hersin, 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. APPROV b AS TO FORM: ay: City Attorney CITY OF NEWPORT BEACH, A municipal corporation BY; (W Mayor City of Newport each Pro Source, Inc. ATTEST: B * S. G. wev Lavonne Haridess City Clerk 01420ra,o4= amend r a. I A= r-\US S\P9W bwedWSlce =&,FyDl- QZWmSaueeAmondNo.1Apt 82'd 0C6'OW VOW SS&-VIZ "81WbS 33H)SONJ W 82's 2m,TTWw PRO SOURCE, INC BASIC AGREEMENT City of Newport Beach EXHIBIT A Pro Source- Pro Source, Inc. Suite 200 1221 E. Dyer Road Santa Ana, CA 92705 Voice 714.755.4100 Fax: 714- 755.4104 In accordance with your instructions, we are assigning our employee, Nicholas Godinez to your Project in the capacity of Public Works Inspector beginning on, Monday, November 5, 2001. Conf inning our verbal quotation, die Billing Rate for Qnese services will be as follows. Straight time: $ 51.00 per hour Overtime Rate: $ 76.50 per hour The following teens will govem this assignment: Billings will be rendered weekly based upon time slips, which Pro Source, Inc. will provide to our employee that must be signed by your representative each week. Temps are payable Net 30 days. 2. This agreement is made with the understanding that City of Newport Beach will not be allowed to employ Nicholas Godinez a permanent basis without die pemrission of Pro Source, Inc. at any time during or at the end of the contract for at least a 6 -monde period. 3. You acknowledge and confirm that our employee is working at your facility solely under your direction and supervision. We request that you sign and return a copy of Qnis conlinnation to Pro Source, Inc. Thank you for tine opportunity to service your connpany. Pro Source Representative: Resource Specialist Pro Source, Inc 1221 E. Dyer Road, Suite 200 Santa Ana, CA 92705 Connpany: City of Newport Beach Authorized Signature and Title City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663