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HomeMy WebLinkAbout12 - BA-059 - Gail Pickart Professional Services AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 March 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lois Thompson, Administrative Manager 949 - 644 -3311 Ihompson@city.newport-beach.ca.us SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL PICKART RECOMMENDATIONS: 1. Approve Amendment No. 1 to On -Call Engineering Services Agreement and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve a Budget Amendment transferring $20,000 from Account No. 5200- 7000 (Salaries — Misc.) to Account No. 5200 -8080 (Professional & Technical Services). DISCUSSION: On September 30, 2002, an Agreement was entered into with Gail P. Pickart, PE for On -Call Engineering Services. Mr. Pickart agreed to provide approximately 10 hours per week of work on an interim basis resulting from the two vacant positions, a Principal Civil Engineer, and a GIS Analyst/Trainer. The original Agreement had a total not -to- exceed price of $26,000 and ended on February 28, 2003. The Transportation and Development Services Manager, Public Works Director, and the Human Resources Department are in the process of reorganizing and recruiting for replacement of the vacant positions. It may take some time to fill the positions and in the interim, staff is recommending extending the term of the Agreement with Mr. Pickart through the end of June 2003. The scope of services include processing of private development projects for entitlement review, review and approval of final design drawings such as: street improvement plans, grading plans, utility plans, and subdivision maps. SUBJECT: Amendment to Professional Services Agreement with Gail Pickart March 25, 2003 Page 2 Staff estimates Mr. Pickart would work a maximum of thirteen hours per week over a period of seventeen weeks, at a billing rate of $90 per hour. The total, not -to- exceed cost is $20,000. Environmental Review: Not Applicable Public Notice: Not Applicable Funding Availability: Due to salary savings from vacant positions in the Transportation and Development Services Division, funds are available in the Salaries -Misc. Account No. 5200 -7000. Prepared by: YA1, 24ry Lois Thompson Administrative Manager Attachments: Amendment No. 1 Agreement Submitted Works Director AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH FOR ON -CALL ENGINEERING SERVICES THIS AMENDMENT NO. 1 TO ON -CALL ENGINEERING SERVICES AGREEMENT, entered into this 25th day of March, 2003, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Gail P. Pickart, PE, whose address is 3810 East Coast Highway, Suite 4, Corona del Mar, California, 92625, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On September 30, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for On- Call Engineering Services. B. CITY and CONSULTANT have entered into no other separate AMENDMENTS of the AGREEMENT. C. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to June 30, 2003. D. CITY desires to compensate CONSULTANT for additional professional services needed for On -Call Engineering Services. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated August 29, 2002, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed Twenty thousand dollars ($20,000). 3. The term of the AGREEMENT shall be extended to June 30, 2003. 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. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation am APPROVED AS TO FORM: Mayor City of Newport Beach By: City Attorney ATTEST: By: LaVonne Harkless City Clerk Consultant M f: luserslpbwlsharedlagreements\fy 02- 0Mpickart-on -call amend no 1.doc PROFESSIONAL SERVICES AGREEMENT FOR ON -CALL ENGINEERING SERVICES THIS AGREEMENT, entered into this 30 day of September 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Gail P. Pickart, PE, whose address is 3810 East Coast Highway, Suite 4, Corona del Mar, California, 92625, (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 is in need of engineering services for plan review and approval of street improvement plans, grading plans, utility plans, and subdivision maps. C. City desires to engage Consultant to provide engineering services for processing of development projects for entitlement review, as well as for review and approval of final design drawings (street improvement plans, grading plans, utility plans, and subdivision maps) upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Gail P. Pickart. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and -1- FxI-11 b 1 T „A Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 Corona del Mar, California 92625 Phone: (949) 640 -1076 Fax: (949) 640 -1076 August 29, 2002 Rich Edmonton, P.E. Transportation and Development Services Manager City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 Subject: PROPOSAL FOR PROFESSIONAL SERVICES Dear Rich: I am pleased to present this proposal for my professional civil engineering services as a consultant to your Development Services Section. The scope of services to be provided will involve the processing of private development projects for entitlement review, as well as for review and approval of final design drawings (street improvement plan, grading plan, utility plan, and subdivision maps). In essence, the services -to be provided are to partially replace those performed by a current staff member who is refiring. The services to be performed are anticipated to average approximately ten (10) hours per week over a period of three to six months. Services will be charged on an hourly basis at the billing rate of $90.00 per hour. Independent word - processing services to support my work efforts will be billed at the rate of $35.00 per hour. The two stipulated hourly billing rates will include incidental expenses and costs for transportation, telephones and photocopying. No extraordinary travel or reproduction costs are anticipated; therefore, a weekly budget of $900 to $1,000 should be adequate (approximately $13,000 for three months and $26,000 for six months). Billings will be submitted monthly. I currently have in effect automobile liability insurance coverage with a $1,000,000 limit. The City of Newport Beach is named as an additional insured under that policy. I am prepared to commence providing services at the beginning of September 2002, so that there will be several days of overlap before Dick Hoffstadt's retirement on or about September 13, 2002. Thank you for giving me this opportunity to present this proposal and I look forward to continuing my longtime relationship with the City of Newport Beach Public Works Department. Sincerely, Gail P. Pickart, P.E. ..• 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 the,-30 day of September 2002, and shall terminate on the 28' day of February 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 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 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 work performed on a time and materials basis only, including all reimbursable items and subconsultant fees, in accordance with this Agreement shall not exceed the total contract price of twenty six thousand and nol100 Dollars ($26,000.00). 3.1 Consultant shall maintain accounting records for its billings which include the type of work performed, times and dates of work which is billed on an hourly basis, and reimbursable expenses and services, including independent contractors, -2- subconsultants, reproductions, photocopying, printing, postage, travel, etc. 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 compensation for extra work without prior written authorization of City. 3.4 City shall reimburse Consultant only for those costs or expenses which have been authorized by this Agreement or specifically approved in advance by City. Such reimbursement shall be limited and shall include nothing more than the following costs or expenses incurred by Consultant: A. The actual costs of independent contractors and 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 granted in accordance with the terms and conditions of this Agreement. B. 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 - -3- are not employed by City nor have any contractual relationship with City. Consultant 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. 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 M City has retained the services of Gail Pickart to provide engineering services. Consultant agrees to work closely and cooperate fully with City's Transportation and Development Manager, and any other agencies, which may have jurisdiction or interest in the work to be performed. 7. PROJECT MANAGER Consultant shall act as Project Manager, shall coordinate all phases of development review, and shall be available to City at all reasonable times during term of this contract. Consultant shall not bill any services other than those services identified in Exhibit "A" without City's prior written approval by task and specific hourly billing rate. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. 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. 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 -5- Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Transportation and Development Services Manager 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 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 Consultant is not required to indemnify City with insurance coverages. 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. 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. 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. CITY'S RESPONSIBILITIES -7- In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. Copies of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or - -- -- - - - others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Richard Edmonston shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 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. 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. 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 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. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 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 0 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. 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: Richard Edmonston, PE City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3345 Fax (949) 644 -3318 10- All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Gail P. Pickart, PE 3810 East Coast Highway, Suite 4 Corona del Mar, CA 92625 (949) 640 -1076 Fax (949) 640 -1076 25. TERMINATION In the event either party 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 party 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 the Agreement forthwith by giving to the defaulting party written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving three (3) 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. -11- 27. 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. 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. 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: City Attorney SPA CITY OF NEWPORT BEACH A municipal corporation s l � By: her Badum Ubli� orks Director CONSULTANT By:," F Gail P. Pickart, PE E x 6--) 1 8 1 i it A " Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 Corona del Mar, California 92625 Phone: (949) 640 -1076 Fax: (949) 640 -1076 August 29, 2002 Rich Edmonton, P.E. Transportation and Development Services Manager City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 Subject: PROPOSAL FOR PROFESSIONAL SERVICES Dear Rich: I am pleased to present this proposal for my professional civil engineering services as a consultant to your Development Services Section. The scope of services to be provided will involve the processing of private development projects for entitlement review, as well as for review and approval of final design drawings (street improvement plans, grading plan, utility plan, and subdivision maps). In essence, the services -to be provided are to partially replace those performed by a current staff member who is retiring. The services to be performed are anticipated to average approximately ten (10) hours per week over a period of three to six months. Services will be charged on an hourly basis at the billing rate of $90.00 per hour. Independent word - processing services to support my work efforts will be billed at the rate of $35.00 per hour. The two stipulated hourly billing rates will include incidental expenses and costs for transportation, telephones and photocopying. No extraordinary travel or reproduction costs are anticipated; therefore, a weekly budget of $900 to $1,000 should be adequate (approximately $13,000 for three months and $26,000 for six months). Billings will be submitted monthly. I currently have in effect automobile liability insurance coverage with a $1,000,000 limit. The City of Newport Beach is named as an additional insured under that policy. I am prepared to commence providing services at the beginning of September 2002, so that there will be several days of overlap before Dick Hoffstadt's retirement on or about September 13, 2002. Thank you for giving me this opportunity to present this proposal and I look forward to continuing my longtime relationship with the City of Newport Beach Public Works Department. Sincerely, Gail P. Pickart, P.E. pdg City of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 059 AMOUNT: $20,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations related to a professional services agreement with Gail Pickart. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed Signed Signed: Description Description Description 5200 Public Works - Transportation Devt 7000 Salaries - Misc 5200 Public Works - Transportation Devt 8080 Services - Professional & Technical Administrative Approval: qty Manager City Council Approval: City Clerk Amount Debit Credit $20,000.00 $20,000.00 Automatic Director Date D� e Date