HomeMy WebLinkAboutC-4409 - PSA for On-Call Plumbing ServicesX409
4 AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT WITH JOHN JANIS PLUMBING
FOR ON -CALL PLUMBING SERVICES
THIS AMENDMEWO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this ' ^ day of October, 2009, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY"), and JANIS INCORPORATED a
California Corporation whose address is 1654 Babcock Street, Costa Mesa, California,
92627 ( "CONTRACTOR "), and is made with reference to the following:
RECITALS:
A. On October 22, 2007, CITY and CONTRACTOR entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for on -call
plumbing services.
B. CITY and CONTRACTOR have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated September 10, 2008.
C. CITY desires to enter into this AMENDMENT NO.2 to extend the term of the
AGREEMENT to September 30, 2012.
D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2 ", as provided here below.
NOW, THEREFORE, 4 is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to September 30, 2012.
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).
3. SERVICES TO BE PERFORMED
Contractor shall perform various plumbing services pursuant to this Amendment
No. 2 and according to the Request to Extend On -Call Professional Services
Agreement dated August 25, 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. 2
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By: Alv�'V�
nett a c amp,
ssistant City At rney
ATTEST:
By: D�&_ -
Leilani rown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By'
Ge ge urdoch,
Utilities Director
CONTRACTOR:
JANIS INCORPORATED
By:(2 n
(C orate icer)
Title: President
Print Name: John Janis
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Schedule of Billing Rates
Exhibit B — Request to Extend On -Call Services Agreement
,.i urp
JOHN JANIS PLUMBING
RESIDENTIAL AND COMMERCIAL
August 25, 2009
City of Newport Beach
Utilities Department
Attn: Cindy Asher
3300 Newport Blvd
Newport Beach, CA 92658
RE: Billing Rates
EXHIBIT X
4
SEP M
Rem
These rates will remain in place until September 30, 2012 and does not include material unless otherwise specified.
$85.00 per hour with l -hour minimum during regular Monday — Friday business hours
$127.50 an hour: time and a half for work done after hours.
$150.00 minimum for work done on weekends.
Camera of lines / sewer locating to he assessed on a per job basis.
John Janis
Owner / President
1654 BABCOCK STREET . COSTA MESA • CA 92627 • PHONE 949 /642 -7764 • FAX 949/642 -1521 • LICENSE # 760476
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JOHN JANIS PLUMBING
RESIDENTIAL AND COMMERCIAL
August 25, 2009
City of Newport Beach
Utilities Department
Attn: Cindy Asher
3300 Newport Blvd
Newport Beach, CA 92658
RE: Amendment to Professional Services Agreement
Dear Ms. Asher
EXHOW "B®
SP
Received
John Janis Plumbing is requesting to extend the Professional Services Agreement for 3 years if possible. All rates
are the same as previous year.
Insurance certificates included.
Please call with any questions you may have.
Thank you?anis' Jo
Owner / President
1654 6AB000K STRE} f . COSTA MESA • CA 92627 • PHONE 949/642 -7764 • FAX 949/642 -1521 • LICENSE # 760476
`�--- AMENDMENT NO. 1
TO
s PROFESSIONAL SERVICES AGREEMENT
C } WITH JOHN JANIS PLUMBING
FOR ON -CALL PLUMBING SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this A day of September, 2008, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "City') and JANIS
INCORPORATED., a California corporation whose address is 1654 Babcock Street,
Costa Mesa, California 92627 ( "Contractor "), and is made with reference to the
following:
RECITALS
A. On October 22nd, 2007, CITY and CONTRACTOR entered into an On -Call
Professional Services Agreement, hereinafter referred to as "Agreement ",
for on -call plumbing services. This Agreement is scheduled to expire on
September 30th, 2008.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to September 30, 2009.
C. City and Contractor 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. Contractor shall perform on -call plumbing services in various locations
throughout the City pursuant to this Amendment No. 1 and according to
the Request to Extend On -Call Services Agreement dated July 23, 2008,
attached hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 1 for all work performed from October 1, 2008, to
September 30, 2009, shall be based on the attached Schedule of Billing
Rates (Exhibit a).
3. The term of the Agreement shall be extended to September 30, 2009.
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.
APPROVED AS TO FORM:
By, ( Aaron C. C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
:
B Y
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Co� ration
Utilifies D'itector
for the City of Newport Beach
JANIS INCORPORATED
Title: President
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement/Billing Rates
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e --
July 23, 2008
CITY OF NEWPORT BEACH
UTILITIES DEPARTMENT
ATTN: CINDY ASHER
3300 NEWPORT BLVD
P. O. BOX 1768
NEWPORT BEACH, CA 92658
RE: AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT
DEAR MS. ASHER
THIS LETTER IS TO REQUEST THE EXTENSION OF THE ON -CALL
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JOHN JANIS
PLUMBING, WHICH EXPIRES SEPTEMBER 30, 2008. PLEASE EXTEND SAID
AGREEMENT FOR ANOTHER YEAR. NEW AGREEMENT TO COMMENCE ON
OCTOBER 1, 2008.
ALL RATES ARE AS FOLLOWS:
$ 85.00 PER HOUR - 1 HOUR MINIMUM THROUGH SEPTEMBER 2009
$127.50 PER HOUR - TIME & A HALF FOR WORK PERFORMED AFTER HOURS
$ 150.00 MINIMUM FOR WORK PERFORMED ON WEEKENDS
CAMERA OF LINES & SEWER LOCATING IS CALCULATED ON PER JOB BASIS
nJ
PRESIDENT
1654 BABCOCK STREET ® COSTA MESA m CA 92627 ® PHONE 949/642 -7764 a FAX 949/642 -1521 ® LICENSE # 760476
PROFESSIONAL SERVICES AGREEMENT WITH
JOHN JANIS PLUMBING FOR ON -CALL
PLUMBING SERVICES
THIS AGREEMENT is made and entered into as of this 22 day of October,
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and JANIS INCORPORATED, a California corporation, doing business as
JOHN JANIS PLUMBING whose address is 1654 Babcock Street, Costa Mesa,
California 92627 ( "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 for various plumbing projects.
C. City desires to engage Contractor to perform on -call plumbing services
throughout the City on an as need basis ( "Project ").
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Contractor for purposes of Project, shall be John
Janis.
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 September, 2008, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call' plumbing 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 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 "A" and incorporated herein by
reference.
2
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 A.
5. PROJECT MANAGER
�j
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
times during the Agreement term. Contractor has designated John Janis 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.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. Steve Myrter
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.
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
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
M
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.
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
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 Contractor'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
5
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.
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.
0
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.
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
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 one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
7
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
6 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
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.
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
9
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 Contractor prior notice and has received
from Contractor written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Contractor
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Contractor. By acceptance of CADD data, City agrees to indemnify
Contractor for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. 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.
20. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
21. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
ii to]
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.
22. 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.
23. 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 borne by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Contractors in connection with the Project.
25. 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.
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
HE
any and all claims for damages resulting from Contractor's violation of this
Section.
26. 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:
Steve Myrter
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:
John Janis
1654 Babcock Street
Costa Mesa, CA 92627
Phone: 949 - 642 -7764
Fax: 949 - 642 -1521
27. 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
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
12
accumulated in the performance of this Agreement, whether in draft or final form.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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
13
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
35. 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.
36. 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.
11151
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: 'A w--e C ff
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: e
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal CiO &,poration
By:
SteVe;fMy cr
Utilities Director
for the City of Newport Beach
CONTRACTOR:
By: Y 1
* f'� (Corp to Officer)
Title:
Print Name: 2 to Z2/2/ 5
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications &
Schedule of Billing Rates
`H1
.JOHN JANIS PLUMIIRING
;RIC7 Nf IAL AN�7 comMIG77 j L
;1
SEPTEMBER 12, 2007
CITY OF NEWPORT BEACH
LITILITIES DEPARTMENT
ATTN: CINDY ASHER
3300 NEWPORT BLVD
NEWPORT BEACH, CA 92658
CINDY,
WE HERE AT JOHN JANIS PLUMBING DO ALL TYPES OF SERVICE PLUMBING Al% D NEW
CONSTRUCTIONS PLUMBING- I.,E, INSTALLATION OF FIXTUM AND CLEARIN(d DRAIN
LINES) WE ALSO DO SEWER LOCATING, AND CAME-RING OF LINES.
OUR FEE'S ARE AS FOLLOWS:
$85.00 AN HOUR -- I HOUR MINIUM THROUGH SEPTEM13ER2008
$127.50 AN HOUR / TIME AND A HALF FOR WORD AFTER HOURS
$150.00 MINIUM FOR WORK ON WEEKENDS
CAMERA OF LINES /SEWER LOCATING PER JOB BASIS
AS OF T14E DATE OF THIS LETTER, WE HAVE REQUESTED INSURANCE CERTIFICATES 13E
SENT TO THE CITY OF NEWPORT 13EA.C14, NAMING THEM ADDITIONAL INSURE; :) WITH THE
SPECIAL WORDING REQUIREMENTS- CERTIFICATES SHOULD FOLLOW IN THE 1 MAIL.
ANY QUESTIONS, PLEASE FELL FREE TO CONTACT ME AT 949- 642 -7764_
JOHN JANIS
PRESIDENT
1654 CA®COCKSTnELT COSTA MESA -CA 92827 -PHONE 949/642 -7764 -FAX 849/642 -15P.' Q LICENSE # 760476