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HomeMy WebLinkAboutC-4052 - PSA for On-Call Electrical Servicesqo l� .�_ AMENDMENT NO. 9 TO PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 8th day of September, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and POUK & STEINLE, INC. a California Corporation whose address is 2520 Rubidoux, Riverside, California, 92519- 3039 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 9, 2008, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Electrical Services. B. CITY desires to enter into this AMENDMENT NO. 1 to extend the term of the AGREEMENT to May 31, 2010. C. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 2. TERM The term of the AGREEMENT shall be extended to May 31, 2010. City shall pay Contractor for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and shall be based on the attached Schedule of Billing Rates (Exhibit A). Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 3. SERVICES TO BE PERFORMED Contractor shall perform various electrical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Professional Services Agreement dated July 1, 2009, attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: nette D. Beau amp, Assistant City Attorney ATTEST: B - , Y Leilani Brown, City Clerk POvia� CITY OFNEWPOR' A Muni. �pal CKorpo In Edward Sekh, Mayor CONTRACTOR: POUK & STEI LE �NC. By: I (Corporate Officer Title: Vice President Print Name: Daniel H. Smith (Financial Officer) Title: Senior Financial Officer Print Name: Don E. McNair Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement City of Newport Beach Attn: Cindy Asher Labor Rates Effective June 1, 2009 Thru May 31, 2010 Classification: General Foreman Foreman Journeyman Tech. Straieht Time/Hr. $73.03 $68.22 $62.35 $49.92 Overhead and Markup will be based on Section 3 -32.3 Standard Specification for Public Work Construction Labor 20% Material 15% Equipment 15% Other Items & Expenditures 15% Tax 8.75% 10% for fiist $2,000.00 5% for anything over $2,000.00 Equipment Descrintion: Digger Derrick Boom Truck/Crane Bucket Truck (75' -90') Bucket Truck (65' -70') Bucket Truck (50' or Below) Crew Truck Pickup Truck Dump Tuck Underground Splice Truck/Van Utility Pole/Cable/Reel Trailer Tractor & Low Boy/Flatbed Trailer Underground Cable Puller (10,000 lb. Capacity) Arrowboard Air Comp. ElAnn-11B9 IR Premium Time/Hr. $99.78 $93.12 $85.14 $67.00 Rate Per Hour: $27.00 $38.30 $47.10 $38.00 $32.40 $15.35 $12.10 $31.10 $18.30 $16.50 $48.20 $27.00 $ 9.00 $12.50 When Employees work more than two and one half (2.5) hours past their regular quitting time, Sundays and Holidays. The Employees will be entities to a meal at intervals of four and one half (4.5) hours at the rate of $15.00 and one half (1/2) hour pay at the applicable rate (Premium). PCUK & STEINLE, INC. ELECTRICAL CONSTRUCTION P.O. BOX 8089 RIVERSIDE, CALIFORNIA 92519.303D 9511682.2982 • FAX 95117880688 A USI Company A CIO 676274 July 1, 2009 City of Newport Beach Utilities Department Attn: Cindy Asher 3300 Newport Blvd. Newport Beach, CA. 92658 -8915 Re: Amendment to Professional Service Agreement — Utility Repair Services Attn: Ms. Cindy EXHIBIT "8' Pouk and Steinle, Inc. is requesting to extend the Professional Services Agreement for another term. Attached ford hourly rates for one year to commence June 1. 2009 duu May 31, 2010. New rate sheet is attached. Please contact our office if you have any questions regarding this information. Sincerely. Danny Smith CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 September 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Cindy Asher, Administrative Manager 949 - 644 -3010 or casherCcDnewportbeachca.gov SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL SERVICES RECOMMENDATION: Approve Amendment No. 1 to Professional Services Agreement (PSA) with Pouk & Steinle, Inc. (PSI) for on -call electrical services and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On September 9, 2008, the City Council approved a PSA with Pouk & Steinle, Inc. to provide on -call electrical repair services. Amendment No. 1 with PSI incorporates a revised labor rate billing sheet that reflects a 1 % increase. The revised equipment rates reflect no increase and in several cases,a decrease in the hourly cost. The Electrical Division has a need from time to time for emergency repairs to streetlight series circuits, resetting poles and service cabinets that require new foundations, and pushing conduit a long distance. PSI is also an Edison approved contractor to drill into underground vaults and install larger conduits. PSI recently replaced the electrical conduit and two service cabinets located on Pacific Coast Highway at Fern and Superior. PSI also replaced a streetlight and pole foundation at Pinehurst. Staff is recommending that the PSA be amended to extend the term of the Agreement to May 31, 2010. PSI is a union shop and their new contract dates are June 1, 2009 to May 31, 2010. Please see the attached Rate Comparison Table. Electrical Repair Services — Approval of Amendment No. 1 On -Call Professional Services Agreement September 8, 2009 Page 2 Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability: Funding is available in Electrical Division line item 5300 -8160. Prepared by: Cindy Ash r, Administrative Manager Submitted by: Geor a Murdoch, Utilities Director Attachments: Amendment No. 1 to PSA with Pouk & Steinle, Inc. Rate Comparison Table POUK & STEINLE, INC. Position 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase /Decrease General Foreman $72.27 $73.03 $0.76 Foreman $68.19 $68.22 $0.03 Journeyman $62.76 $62.35 -$0.41 Tech. $49.67 $49.92 $.25 Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase /Decrease Digger Derrick $27 $27 $0 Boom Truck /Crane $38.30 $38.30 $0 Bucket Truck (75'-90') $48.10 $47.10 -$1 Bucket Truck (65'-70') $39 $38 -$1 Bucket Truck (50' or Below) $34.22 $32.40 -$1.82 Crew Truck $19.25 $15.35 -$3.90 Pickup Truck $13.20 $12.10 -$1.10 Dump Truck N/A $31.10 N/A Underground Splice Truck /Van $19.40 $18.30 -$1.10 Utility Pole /Cable /Reel Trailer $16.50 $16.50 $0 Tractor & Low Boy/ Flatbed Trailer $48.20 $48.20 $0 Underground Cable Puller (10,000 lb.) $27 $27 $0 Arrowboard $9 $9 $0 Air Comp. N/A $12.50 N/A Amount Expended 7/2008- 6/2009 Pinehurst Birch St. PCH & Fern PCH & Superior Total $ 5,706.09 $ 6,380.63 $ 4,882.96 $ 5,004.27 $ 21,973.95 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 8th day of September, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and POUK & STEINLE, INC. a California Corporation whose address is 2520 Rubidoux, Riverside, California, 92519- 3039 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 9, 2008, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred.to as "AGREEMENT ", for Electrical Services. B. CITY desires to enter into this AMENDMENT NO. 1 to extend the term of the AGREEMENT to May 31, 2010. C. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to May 31, 2010. 2. COMPENSATION City shall pay Contractor for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and shall be based on the attached Schedule of Billing Rates (Exhibit A). Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 3. SERVICES TO BE PERFORMED Contractor shall perform various electrical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Professional Services Agreement dated July 1, 2009, attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: ynett D. Bea c mp, Assistant City Attorney ATTEST: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation 0 Edward Selich, Mayor CONTRACTOR: POUK & STEINLE, INC. 0 (Corporate Officer) Title: Vice President Print Name: Daniel H. Smith (Financial Officer) Title: Senior Financial Officer Print Name: Don E. McNair Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement City of Newport Beach Attn: Cindy Asher Labor Rates Effective June 1, 2009 Thru May 31, 2010 Classification: General Foreman Foreman Journeyman Tech. Straieht Time/Hr. $73.03 $68.22 $62.35 $49.92 Overhead and Markup will be based on Section 3 -32.3 Standard Specification for Public Work Construction Labor 20% Material 15% Equipment 15% Other Items & Expenditures 15% Tax 8.75% l0% for first $2,000.00 5% for anything over $2,000.00 Equipment Descrintion: Digger Derrick Boom Truck/Crane Bucket Truck (75' -90') Bucket Truck (65' -70') Bucket Truck (50' or Below) Crew Truck Pickup Truck Dump Tuck Underground Splice Truck/Van Utility Pole/Cable/Reel Trailer Tractor & Low Boy/Flatbed Trailer Underground Cable Puller (10,000 tb. Capacity) Arrowboard Air Comp. EXHIBITW Premium Time/Hr. $99.78 $93.12 $85.14 $67.00 Rate Per Hour: $27.00 $38.30 $47.10 $38.00 $32.40 $15.35 $12.10 $31.10 $18.30 $I6.50 $48.20 $27.00 $ 9.00 $t2.50 When Employees work more than two and one half (2.5) hours past their regular quitting time, Sundays and Holidays. The Employees will be entitles to a meal at intervals of four and one half (4.5) hours at the rate of $15.00 and one half (1/2) hour pay at the applicable rate (Premium). W .. A USI Company A C 10 576274 July 1, 2009 City of Newport Beach Utilities Department Attn: Cindy Asher POUK & STEINLE, INC. ELECTRICAL CONSTRUCTION P.O. BOX 3039 RIVERSIDE. CALIFORNIA 92519.3039 961i682.8982 • FAx 9511788.0686 3300 Newport Blvd. Newport Beach, CA. 92658 -8915 Re: Amendment to Professional Service Agreement — Utility Repair Services Attn: Ms. Cindy EXHIBIT"B" Pouk and Steinle. Inc. is requesting to extend the Professional Services Agreement for another term. Attached find hourly rates for one year to commence June I. 2009 thru May 31, 2010. New rate sheet is attached. Please contact our office if you have any questions regarding this information. Sincerely. Danny Smith • 1 • u46aL PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL SERVICES THIS AGREEMENT is made and entered into as of this 90' day of September, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and POUK & STEINLE, INC., a California corporation whose address is 2520 Rubidoux, Riverside, California 92519 -3039 ( "Contractor"), 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 electrical services. C. City desires to engage Contractor to perform on -call electrical services on an as needed basis. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members of this firm for purposes of contact shall be Danny Smith. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor 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 30th day of June, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On -Call" electrical services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Contractor shall provide a letter proposal • • for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include the following: A. A detailed description of the services to be provided; B. The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the services; and D. The time needed to finish the specific project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor 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 Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractors 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 Contractor 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 Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor 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. El 0 0 No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by per Council Policy F -14. 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractors 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 Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor 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 Contractor: A. The actual costs of subconsultants for performance of any of the services that Contractor 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 Contractor in the performance of this Agreement. 4.3 Contractor 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 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable 3 • • times during the Agreement term. Contractor has designated Danny Smith to be its Project Manager. Contractor 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. Contractor, 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. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. If Contractor is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City staff. Consultant's Nextel Direct Connect I.D. number will be provided to City to be programmed into City Nextel units, and vice versa. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Herb Wollerman shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. T. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, 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 Contractor's work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. C. 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 Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and 0 0 0 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, nor have any contractual relationship with City. By delivery of completed work, Contractor 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 Contractor 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 Contractor to practice its profession. Contractor further represents and warrants to City that Contractor 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 Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Contractor shall not be responsible for delay, nor shall Contractor 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 Contractor's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Contractor is engaged in any aspect of the physical work of construction contracting. Contractor shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Contractor shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Contractor shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 5 0 0 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 any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Contractor, 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 Contractor to indemnify the Indemnified Parties from any Claim arising from the sole 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 Contractor. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 11. COOPERATION Contractor 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 Contractor on the Project. A 12. 13. 14. 0 CITY POLICY 0 Contractor 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. PROGRESS Contractor 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. INSURANCE Without limiting Contractor's indemnification of City, and Prior to commencement of work. Contractor 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. Contractor 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. 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. Workers' Compensation Coverage. Contractor 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, Contractor shall require each subcontractor to similarly maintain Workers' Compensation E. 0 0 Insurance and Employer's Liability Insurance in accordance with the laws of the State of California 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 Contractor for City. 2. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than two 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. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor 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. Contractor shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 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 Contractor. 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 Contractor's operations or services L-1 • 0 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. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Contractor. 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. 6 • 0 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor 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 Contractor, 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 Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Contractor 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 Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Contractor 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. 19. OPINION OF COST Any opinion of the construction cost prepared by Contractor represents his judgment as a design professional and is supplied for the general guidance of City. Since Contractor has no control over the cost of labor and material, or over competitive bidding or market conditions, Contractor does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 10 0 20. RECORDS 0 Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor to this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Contractor 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. 21. 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. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Contractor 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. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Contractor, the additional design, construction and /or restoration expense shall be bome by Contractor. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Contractors in connection with the Project. 24. CONFLICTS OF INTEREST The Contractor 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. 11 0 0 If subject to the Act, Contractor 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. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. 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 Contractor to City shall be addressed to City at: Cindy Asher Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3011 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Mr. Danny Smith Pouk & Steinle, Inc. 2520 Rubidoux Blvd. Riverside, CA 92519 -3039 Phone: 951 - 682 -2982 Fax: 951 - 788 -0686 26. 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 Contractor. In the event of fE 0 0 termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Contractor 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 Contractor 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 Contractor and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 13 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 Contractor 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. 14 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: ",r,L,-- Aaron C. Harp, Assistant City Attorney for the City of Newport Beach CITY OF N A Municipa PORT BEACH irporatiogil Edward"Selich, Mayor for the City of Newport Beach ATTEST: POUK & STEINLE, INC: By�o M'41&0 LaVonne Harkless, City Clerk By: d 46Y,111 (Cor orat fficer) Title: C CL-_; 0 0 POUEL & STEINLE, INC. EXHIBIT"k ELECTRICAL CONSTRUCTION P.O. BOX 3089 RIVERSIDE, CALIFORNIA 825198639 9511682.2982 • FAX 95177886886 A USI Company A CIO 576274 Cindy Asher Administrative Manger City of Newport Beach Aug. 18, 2008 3300 Newport Blvd. Newport Beach, CA. 92658 Re: Professional Service Agreement — Utility Repair Services Attn: Cindy Pouk and Steinle, Inc. will hold the attached hourly rates for one year to commence July 1, 2008. New rate sheet is attached. Please contact our office if you have any questions regarding this information. Sincerely; Danny meth r POUK & STEINLE, INC. ELECTRICAL CONSTRUCTION P.O. BOX 3039 RIVERSIDE, CALIFORNIA 92519 -3039 9511682 -2982 - FAX 9511768.0686 i A USI Company A CIO 576274 Company Background Corporate Background Pouk & Steinle, Inc. is part of Construction Services, Inc. (CSG), one of the MDU Resources Group, Inc. (MDU Resources) family of companies. MDU Resources provides energy, value added natural resource products and related services that are essential to our country's energy, transportation and communication infrastructure. MDU Resources is comprised of electric and natural gas utilities, natural gas transmission pipelines, utility services, natural gas and oil production, construction materials, mining, and energy services and domestic and international independent power production. The company is headquartered in Bismarck, North Dakota, and just celebrated its 79th anniversary. MDU Resources and its family of companies operate in 42 states, including the states of Hawaii and Alaska, Gulf of Mexico, United Kingdom and recently Brazil and Chile, South America. Pouk & Steinle, Inc. Background Pouk & Steinle, Inc. (Pouk & Steinle), founded in 1989, is primarily engaged in the electrical construction industry, including the installation and maintenance of electrical power facilities. Headquartered in Riverside, California, it also has an office in Anaheim, CA. Pouk & Steinle is a full- service high voltage electrical contractor currently licensed for business in California, Arizona, and Nevada. Comprised of several divisions, it specializes in all aspects of overhead and underground electrical construction, and maintenance for transmission, distribution, and substations. The following briefly describes the company's various divisions: ■ Utility Division - serves private, public, and municipal utilities. Pouk & Steinle, Inc. F-1 • Commercial Industrial Division - provides the same services as Utility Division but to a large customer base of both commercial, and industrial businesses in the same geographic areas in which we currently hold licenses. • Testing Division -is capable of testing and calibrating relays, megger testing, D.C. high- potential testing, electrical apparatus testing, and substation system checking. • Traffic Signal and Street Light Division - provides services to City, State and County agencies in the greater southern California area. Underground Substructure Division - provides Electrical Conduit and Substructure installation for Privately held Utilities, Municipal Utilities, and also Developer installations. Other services Pouk & Steinle is capable of providing include design build, electrical engineering, and tum -key installations for all types of overhead and underground transmission, distribution, and substation projects. In addition to C -10 license for electrical in California, A -17 in Arizona and A -17 in Nevada, Pouk & Steirele Inc. is also licensed in California with an A classification, which enables it to perform as a general contractor, if desired, on various types of projects, Our contractor's license numbers are 576274 in California, 100059 in Arizona and 0038251 in Nevada. Our normal number of employees varies, but is usually 450 -550 people, which includes administrative staff and support personnel. Our field workforce will vary due to work load. Pouk & Steinle, Inc. • • EXHIBIT "B" City of Newport Beach Attn: Cindy Asher Labor Rates Effective July 1, 2008 Thru July 1, 2009 Classification: Straight Time/Hr. Premium Time/Hr. General Foreman $7127 $96.12 Foreman $68.19 $93.44 Journeyman $62.76 $85.26 Tech. $49.67 $66.92 Equipment Operator $65.99 $88.32 Overhead and Markup will be based on Section 3 -32.3 Standard Specification for Public Work Construction Labor 20% Material 15% Equipment 15% Other Items & Expenditures 15% Tax 7.5% 10% for first $2,000.00 5% for anything over $2,000.00 Equipment Description: Rate Per Hour: Digger Derrick $27.00 Boom Truck/Crane $38.30 Bucket Truck (75' -90') $48.10 Bucket Truck (65' -70') $39.00 Bucket Truck (50' or Below) $34.22 Crew Truck $19.25 Pickup Truck $13.20 Underground Splice Truck/Van $19.40 Utility Pole/Cable/Reel Trailer $16.50 Tractor & Low Boy/Flatbed Trailer $48.20 Underground Cable Puller (10,000 lb. Capacity) $27.00 Anowboard $ 9.00 Backhoe $37.89 When Employees work more than two and one half (2.5) hours past their regular quitting time, Sundays and Holidays. The Employees will be entitles to a meal at intervals of four and one half (4.5) hours at the rate of $15.00 and one half (1/2) hour pay at the applicable rate (Premium). CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 September 9, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Steve Myrter, Utilities Director 718 -3411 or smyrterCcDcity.newport- beach.ca.us SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL SERVICES RECOMMENDATION: Approve Professional Services Agreement with Pouk & Steinle, Inc. for on -call electrical services for utility services and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Backqround On -call agreements allow staff to retain specialized services that are required for various emergency repairs. Pouk & Steinle, Inc., founded in 1989, is a full - service high voltage electrical contractor, specializing in all aspects of overhead and underground electrical construction and maintenance for transmission, distribution, and substations. The Electrical Division has a need from time to time for emergency repairs to streetlight series circuits, resetting poles and service cabinets that require new foundations, and pushing conduit a long distance. Pouk & Steinle is also an Edison approved contractor to drill into underground vaults and install larger conduits. Staff is recommending that Pouk & Steinle, Inc. be included as one of the City's on -call contractors for electrical services. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Pouk & Steinle, Inc. — Approval Professional Services Agreement September 9, 2008 Page 2 Funding Availabilitv: Funding is available in Electrical Division line item 5300 -8160. Expenditures more than $30,000 for an individual repair project will require a separate City Council action in accordance with Policy F -14. Prepared by: IN1 1 Cindy Ash o, Administrative Manager Submitted by: Steve y r, Utif(ties Director Attachments: Agreement with Pouk & Steinle, Inc. PROFESSIONAL SERVICES AGREEMENT WITH POUK & STEINLE, INC. FOR ON -CALL ELECTRICAL SERVICES THIS AGREEMENT is made and entered into as of this 9th day of September, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and POUK & STEINLE, INC., a California corporation whose address is 2520 Rubidoux, Riverside, California 92519 -3039 ( "Contractor "), 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 electrical services. C. City desires to engage Contractor to perform on -call electrical services on an as needed basis. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members of this firm for purposes of contact shall be Danny Smith. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor 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 30"' day of June, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On -Call' electrical services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Contractor shall provide a letter proposal for services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: A. A detailed description of the services to be provided; B. The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the services; and D. The time needed to finish the specific project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 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 Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor'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 Contractor 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 Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor 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. No rate changes shall be made during the term of this Agreement without the prior written approval of the City.. Contractor's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by per Council Policy F -14. 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractor'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 Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor 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 Contractor. A. The actual costs of subconsultants for performance of any of the services that Contractor 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 Contractor in the performance of this Agreement. 4.3 Contractor 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 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable 3 times during the Agreement term. Contractor has designated Danny Smith to be its Project Manager. Contractor 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. Contractor, 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. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. If Contractor is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City staff. Consultant's Nextel Direct Connect I.D. number will be provided to City to be programmed into City Nextel units, and vice versa. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Herb Wollerman shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, 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 Contractor's work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. C. 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 Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and 0 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, nor have any contractual relationship with City. By delivery of completed work, Contractor 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 Contractor 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 Contractor to practice its profession. Contractor further represents and warrants to City that Contractor 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 Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Contractor shall not be responsible for delay, nor shall Contractor 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 Contractor's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Contractor is engaged in any aspect of the physical work of construction contracting. Contractor shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Contractor shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Contractor shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents -9 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 any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, 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 Contractor to indemnify the Indemnified Parties from any Claim arising from the sole 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 Contractor. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 11. COOPERATION Contractor 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 Contractor on the Project. 11 12. CITY POLICY Contractor 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 Contractor 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 Contractor's indemnification of City, and prior to commencement of work. Contractor 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. Contractor 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. C. AcceDiabte 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. Contractor 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, Contractor shall require each subcontractor to similarly maintain Workers' Compensation 7 Insurance and Employer's Liability Insurance in accordance with the laws of the State of California 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 Contractor for City. 2. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than two million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and properly 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 Liabilitv Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor 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. Contractor shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. 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 Contractor's operations or services M 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. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Contractor. 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. 0 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor 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 Contractor, 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 Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Contractor 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 Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Contractor 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. 19. OPINION OF COST Any opinion of the construction cost prepared by Contractor represents his judgment as a design professional and is supplied for the general guidance of City. Since Contractor has no control over the cost of labor and material, or over competitive bidding or market conditions, Contractor does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 10 20. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor to this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Contractor 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. 21. 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. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Contractor 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. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Contractor, the additional design, construction and/or restoration expense shall be bome by Contractor. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Contractors in connection with the Project. 24. CONFLICTS OF INTEREST The Contractor 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. 11 If subject to the Act, Contractor 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. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. 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 Contractor to City shall be addressed to City at: Cindy Asher Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3011 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Mr. Danny Smith Pouk & Steinle, Inc. 2520 Rubidoux Blvd. Riverside, CA 92519 -3039 Phone: 951 - 682 -2982 Fax: 951 - 788 -0686 26. 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 Contractor. In the event of 12 termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Contractor 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 Contractor 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 Contractor and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 13 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 Contractor 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. 14 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: t Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: In LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Edward Selich, Mayor for the City of Newport Beach POUK & STEINLE, INC: M (Corporate Officer) Title: Print Name: M (Financial Officer) Title: Print Name: Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates 15 POUK & STEINLE, INC. EXHIBIT "A" ELECTRICAL CONSTRUCTION P.O. BOX 9039 RIVERSIDE, CALIFORNIA 92519-8089 9511882.2982 - FAX 95 U188.0686 A USI Company A CIO 576274 Cindy Asher Administrative Manger City of Newport Beach Aug. 18, 2008 3300 Newport Blvd. Newport Beach, CA. 92658 Re: Professional Service Agreement — Utility Repair Services Attn: Cindy Pouk and Steinle, Inc. will hold the attached hourly rates for one year to commence July 1, 2008. New rate sheet is attached. Please contact our office if you have any questions regarding this information. Sincerely, Danny meth City of Newport Beach Attn: Cindy Asher Labor Rates Effective July 1, 2008 Thru July 1, 2009 Classification: General Foreman Foreman Journeyman Tech. Equipment Operator Straiaht Time/1-1r. $72.27 $68.19 $62.76 $49.67 $65.99 Overhead and Markup will be based on Section 3-332.3 Standard Specification for Public Work Construction Labor 20% Material 15% Equipment 15% Other Items & Expenditures 15% Tax 7.5% 10% for first $2,000.00 5% for anything over $2,000.00 Eouipment Description: Digger Derrick Boom Truck/Crane Bucket Truck (75' -90') Bucket Truck (65' -70') Bucket Truck (50' or Below) Crew Truck Pickup Truck Underground Splice Truck/Van Utility Pole /Cable/Reel Trailer Tractor & Low Boy/Flatbed Trailer Underground Cable Puller (10,000 lb. Capacity) Arrowboard Backhoe rxii IN ISH Wi Premium Time/Hr. $96.12 $93.44 $85.26 $66.92 $88.32 Rate Per Hour: $27.00 $3830 $48.10 $39.00 $34.22 $19.25 $13.20 $19.40 $16.50 $48.20 $27.00 $ 9.00 $37.89 When Employees work more than two and one half (2.5) hours past their regular quitting time, Sundays and Holidays. The Employees will be entitles to a meal at intervals of four and one half (4.5) hours at the rate of $15.00 and one half (1/2) hour pay at the applicable rate (Premium). POUK & STEINLE, INC. ELECTRICAL CONSTRUCTION P.O. BOX 3939 RIVERSIDE, CALIFORNIA 92519 -9099 9611682 -2982 • FAX 9611738.9686 A US1 Company A CIO 576274 I Comganv Backeroulnd I Company Background Corporate Background Pouk & Steinle, Inc. is part of Construction Services, Inc. (CSG), one of the MDU Resources Group, Inc. (MDU Resources) family of companies. MDU Resources provides energy, value added natural resource products and related services that are essential to our country's energy, transportation and communication infrastructure. MDU Resources is comprised of electric and natural gas utilities, natural gas transmission pipelines, utility services, natural gas and oil production, construction materials, mining, and energy services and domestic and international independent power production. The company is headquartered in Bismarck, North Dakota, and just celebrated its 79th anniversary. MDU Resources and its family of companies operate in 42 states, including the states of Hawaii and Alaska, Gulf of Mexico, United Kingdom and recently Brazil and Chile, South America. Pork & Steinle, Inc. Background Pouk & Steinle, Inc. (Pock & Steinle), founded in 1989, is primarily engaged in the electrical construction industry, including the installation and maintenance of electrical power facilities. Headquartered in Riverside, California, it also has an office in Anaheim, CA. Pouk & Steinle is a full- service high voltage electrical contractor currently licensed for business in California, Arizona, and Nevada. Comprised of several divisions, it specializes in all aspects of overhead and underground electrical construction, and maintenance for transmission, distribution, and substations. The following briefly describes the company's various divisions: • Utility Division - serves private, public, and municipal utilities. Point & Sieiule, Inc. • Commercial industrial Division - provides the same services as Utility Division but to a large customer base of both commercial, and industrial businesses in the same geographic areas in which we currently hold licenses. • Testing Division - is capable of testing and calibrating relays, megger testing, D.C. high- potential testing, electrical apparatus testing, and substation system checking. • Traffic Signal and Street Light Division - provides services to City, State and County agencies in the greater southern California area. • Underground Substructure Division - provides Electrical Conduit and Substructure installation for Privately held Utilities, Municipal Utilities, and also Developer installations. Other services Pouk & Steinle is capable of providing include design build, electrical engineering, and turn -key installations for all types of overhead and underground transmission, distribution, and substation projects. In addition to C -10 license for electrical in California, A -17 in Arizona and A -17 in Nevada, Pouk & Steinle Inc. is also licensed in California with an A classification, which enables it to perform as a general contractor, if desired, on various types of projects. Our contractor's license numbers are 576274 in California, 100059 in Arizona and 0038251 in Nevada. Our normal number of employees varies, but is usually 450 -550 people, which includes administrative staff and support personnel. Our field workforce will vary due to work load. Pouk & Steinle, Inc.