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HomeMy WebLinkAboutC-2992 - Engineering Services for Project Management Implementing Various Capital ImprovementsFrom: Patapon, em Sent: Monday, June 02, 1997 8:37 AM To: Butler, Irene Cc: Webb, Don Subject: FW: Gail Pickart Consultant Agreement We are entering into 3 new agreements with Gail, that will be going to Council in June. Please send me a copy of Gail's existing agreement. c: Gail Pickart To: BPATAPOFF Subject: FW: Gail Pickart Consultant Agreement Date: Friday, May 30, 1997 4:05PM Can you handle this please. Pickart Cc: Webb, Don; CHNET/FIRE/BRADBURY FYI In reviewing the contract files to classify as activefinactive, Contract No. 2992 with Gail Pickart, Consultant, expires on June 30, 1997. This will probably be renewed -don't you think? Advise. AMENDMENT NO. 3 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects THIS AMENDMENT NO. 3 TO AGREEMENT, made and entered into this ` day of 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Gail P. Pickart, whose address is 7 San Mateo Way, Corona del Mar, CA 92625 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On February 23, 1994, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. Amendment No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT on December 1, 1994. C. Amendment No. 2 to AGREEMENT was entered into by and between CITY and CONSULTANT on September 8, 1995. D. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. AMENDMENT NO. 3, CONSULTANT AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on February 23, 1994, is extended from July 1, 1996 to June 30, 1997. 2. The maximum fee to be paid as compensation to CONSULTANT to cover project management services performed during the extended time period is $120,000.00. 3. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before June 30 , 1997. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor Af�P OV/ D,. S, TO FORM: J City Attorney CONSYLTANT BY:/ Gail P. Pickart, P.E. ATTEST: ✓� City Clerk M r �J U • a BY THE CITY COUNCIL CRY OF NEWPORT BEACH JUL APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department July 8, 1996 CITY COUNCIL AGENDA ITEM NO. 10 SUBJECT: AMENDMENT NO. 3 TO CONSULTANT AGREEMENT WITH GAIL P. PICKART, P.E. - CONTRACT NO. 2992 RECOMMENDATIONS: 1. Approve Amendment No. 3 to Consultant Agreement with Gail P. Pickart, P.E. for Project Management Services during FY 1996 -97 for a not -to- exceed amount of $120,000.00. 2. Authorize the Mayor and City Clerk to sign Amendment No. 3 on behalf of the City. DISCUSSION: On February 14, 1994, the City Council approved a Consultant Agreement with Gail P. Pickart, P.E., for project management services during the period of February 1994 through July 1994. A not -to- exceed budget of $75,000.00 was established to pay for such services averaging 30 hours per week. The projects for which services are being provided consist of MacArthur Boulevard Widening (Segments 1 and 2); Birch Street Bridge Widening over the Corona del Mar Freeway (SR 73); and Newport Boulevard and Pacific Coast Highway (SR 55/1) Interchange Bridge Structures Improvements. Major funding sources for these projects are Measure M and Gas Taxes. On November 28, 1994, the City Council approved Amendment No. 1 to the Consultant Agreement extending its term through June 1995 and increasing the not -to- exceed budget amount by $55,000.00 to a total of $130,000.00. Amendment No. 2 to the Consultant Agreement was approved by the City Council on August 28, 1995, extending its term from July 1995 through June 1996, and increasing the services from an average of 30 hours per week to 35 hours per week. A not -to- exceed budget amount of $120,000.00 was approved for the fiscal year 1995 -96 time period which established the current total contract authorization amount of $250,000.00. • 0 1 SUBJECT AMENDMENT NO. 3 TO CONSULTANT AGREEMENT WITH GAIL P. PICKART, P.E. . CONTRACT NO. 2992 July 8, 1996 Page 2 Staff recommends approval of Amendment No. 3 to the Consultant Agreement which provides for the continuation of project management services during FY 1996 -97. Segment 1 of the MacArthur Boulevard Widening project is now under construction and is scheduled for completion in May 1997. Segment 2 is scheduled to be bid, to have a construction contract awarded, and to have construction work begin during FY 1996 -97. Similarly, final design is scheduled to be completed and construction contracts awarded during FY 1996 -97 for both other projects (Birch Street Bridge Widening and Newport Boulevard /Pacific Coast Highway Interchange Improvements). The continuity of project management services is considered to be very important in maintaining the schedules for those projects. All other terms of the initial Consultant Agreement with Gail P. Pickart, P.E., remain unchanged. There is no change to the hourly rate structure. Funds for project management services by private consultants are provided in the FY 1996 -97 budget. A total of $400,000.00 is budgeted: $200,000.00 from Gas Tax funds and $200,000.00 from Measure M funds. The $120,000.00 recommended for authorization with Amendment No. 3 will be divided equally between those two accounts as follows: ACCOUNT NO. AMOUNT 7181- C5100071 $ 60,000.00 7281- C5100072 60,000.00 TOTAL $120,000.00 A copy of Amendment No. 3 to the Consultant Agreement is attached for reference. Respectfully submitted, PUBLIC WORKS DEPARTMENT CDC Don Webb Director Attachment: Amendment No. 3 • • E • n U E 0 AMENDMENT NO. 3 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects THIS AMENDMENT NO. 3 TO AGREEMENT, made and entered into this day of 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Gail P. Pickart, whose address is 7 San Mateo Way, Corona del Mar, CA 92625 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On February 23, 1994, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. Amendment No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT on December 1, 1994. C. Amendment No. 2 to AGREEMENT was entered into by and between CITY and CONSULTANT on September 8, 1995. D. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. 0 AMENDMENT NO. 3, CONSULTANT AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on February 23, 1994, is extended from July 1, 1996 to June 30, 1997. 2. The maximum fee to be paid as compensation to CONSULTANT to cover project management services performed during the extended time period is $120,000.00. 3. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before June 30 , 1997. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full 0 force and effect. IN WITNESS WHEREOF, the parties hereto have executed this • AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: CITY OF NEWPORT BEACH, a municipal corporation W Mayor CONSULTANT BY: Gail P. Pickart, P.E. City Clerk • bb 0 • CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: September 11, 1995 SUBJECT: Contract No. C -2992 9 -ii- ys Description of Contract Amendment No 2 to Consultant Agreement - Project Management Services Effective date of Contract September 8 1995 Authorized by Minute Action, approved on August 28 1995 Contract with Gail P. Pickart, P.E. Address 3345 Newport Blvd. Suite 215 Newport Beach, CA 92663 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • • 8 1995 August 28, 1995 CITY COUNCIL AGENDA ITEM NO. 9 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: AMENDMENT TO CONSULTANT AGREEMENT WITH GAIL P. PICKART, P.E. (C -2992) RECOMMENDATIONS: 1. Approve Amendment No. 2 to Consultant Agreement with Gail P. Pickart, P.E. for Project Management Services during F.Y. 1995 -96 at a not -to- exceed amount of $120,000 (Contract No. 2992). 2. Authorize the Mayor and City Clerk to sign Amendment No. 2. DISCUSSION: On February 14, 1994, the City Council authorized execution of a Consultant Agreement with Gail P. Pickart, P.E. for project management services during the period of February 1994 through July 1994. A not -to- exceed budget amount of $75,000 was established for services averaging 30 hours per week. The projects for which services were provided consisted of MacArthur Boulevard, Birch Street Bridge Widening over the Corona del Mar Freeway (SR73), and Pacific Coast Highway /Newport Boulevard Interchange Bridge Structures Improvements. On November 28, 1994, the City Council authorized execution of Amendment No. 1 to the Consultant Agreement extending its term through June 1995 and increasing the not -to- exceed budget amount by $55,000 to a new total of $130,000. To continue the project management services, staff is now recommending approval of Amendment No. 2 to the Consultant Agreement with Gail P. Pickart, P. E. Amendment No. 2 establishes the following items: 1. The term of the Consultant Agreement is extended from July 1, 1995, to June 30, 1996. 2. An additional not -to- exceed budget amount of $120,000 is authorized for compensation. 0 0 i SUBJECT: AMENDMENT TO CONSULTANT AGREEMENT WITH GAIL P. PICKART, P.E. (C -2992) August 8, 1995 Page 2 3. The average weekly hours of services to be made available are increased from 30 to 35. The F.Y. 1995 -96 budget anticipates project management services to be provided by private consultants. A total of $400,000 is included in the F.Y. 1995 -96 Capital Improvement Program budgeted ($200,000 from Gas Tax funds and $200,000 from Measure "M" funds). The $120,000 authorized for Amendment No. 2 will be split equally between those two accounts as follows: 7181- C5100071 7281- C5100072 $60,000 $60,000 A copy of Amendment No. 2 to the Consultant Agreement is attached for reference. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By (:)L (6k JoUi Wolter Cooperative Projects Engineer Attachment • • 0 AMENDMENT NO. 2 • CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this day of ,1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Gail P. Pickart, whose address is 7 San Mateo Way, Corona del Mar, CA 92625 (hereinafter referred to as "CONSULTANT") is made with reference to the following: RECITALS: A. On February 23, 1994, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. Amendment No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT on December 1, 1994. C. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on February 23, 1994, is extended from July 1, 1995 to June 30, 1996. 2. The average number of hours per week that CONSULTANT shall be available to CITY is increased from thirty (30) to thirty -five (35). • 3. The maximum fee to be paid as compensation to CONSULTANT to cover project management services performed during the extended time period is $120,000.00. 4. The CONSULTANT's address listed in Section 12 of the AGREEMENT for notice purposes is hereby charged to: Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 • • 5. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before June 30 , 1996. 6. Except as expressly modified herein, all other provisions, terms, • and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor APPROVED AS TO FORM: City Attorney CONSULTANT BY C. Gad P. Pickart, P.E. ATTEST: City Clerk 0 0 C- 2 992- AMENDMENT NO. 2 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this S � day of _11995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Gail P. Pickart, whose address is 7 San Mateo Way, Corona del Mar, CA 92625 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On February 23, 1994, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. Amendment No. 1 to AGREEMENT was entered into by and between CITY and CONSULTANT on December 1, 1994. C. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on February 23, 1994, is extended from July 1, 1995 to June 30, 1996. 2. The average number of hours per week that CONSULTANT shall be available to CITY is increased from thirty (30) to thirty -five (35). 3. The maximum fee to be paid as compensation to CONSULTANT to cover project management services performed during the extended time period is $120,000.00. 4. The CONSULTANT's address listed in Section 12 of the AGREEMENT for notice purposes is hereby charged to: Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 5. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before June 30 , 1996. 6. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: -�A C( / Mayor APPROVED AS TO FORM: Ci Attorney CONSULTANT BY/L. C C . Gail P. Pickart, P.E. ATTEST: • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: December 9, 1994 (714) 644 -3005 SUBJECT: Contract No. C -2992 Description of Contract Amendment No 1 - Consultant Agreement for Project Management Services and Cagital Improvements Projects Effective date of Contract December 1- 1994 Authorized by Minute Action, approved on November 28, 1994 Contract with Gail P. Pickart Address 7 San Mateo Corona del Mar CA 92625 Amount of Contract (See Agreement) &4a6's Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach November 28, 1994 CITY COUNCIL AGENDA ITEM NO. 6 Nw ? R BA -015 APPROVED_ TO: Mayor and Members of the City Council FROM: Public Works Department C- 3026 SUBJECT: DEVELOPMENT OF.SAN DIEGO CREEK NORTH PROPERTY RECOMMENDATIONS: 1. Approve the establishment of a $70,000 budget for management professional services to be provided by outside consultants for development entitlements. Authorize the City Manager to execute an Amendment to the existing Engineering Services Agreement with Gail P. Pickart, P.E. for Project Management Services. 3. Authorize the Mayor and City Clerk to execute an Engineering Services Agreement with Emmet Berkery, P.E. C- 3e26(10 for Project Management. 4. Authorize the staff to negotiate an agreement with the Transportation Corridor Agency to provide for construction of the Jamboree Road flyover ramp OR -5) to be on a structure over the San Diego Creek North parcel and to provide for surface use under the structure. DISCUSSION: After a series of meetings and discussions, an informal conclusion has been reached by representatives of the City of Newport Beach, The Irvine Company, and Fletcher Jones Motorcars that it appears feasible to develop the San Diego Creek North property as a relocation site for the Mercedes Benz dealership currently located along Quail Street between Spruce Street and Dove Street. San Diego Creek North is a triangular shaped parcel of land bounded by Jamboree Road, the San Joaquin Hills Transportation Corridor (SJHTC), and San Diego Creek (see attached location map). Access for the site will be provided by an extension of Bayview Way easterly of Jamboree Road (a segment of future roadway presently identified as University Drive North). SUBJECT: DEVELO.ENT OF SAN DIEGO CREEK NO& PROPERTY November 28, 1994 Page 2 A tentative time schedule of two years and a preliminary infrastructure cost estimate of $4.2 million have been established for the project. The first phase of construction will only construct Bayview Way between Jamboree Road and the wetlands 600 feet easterly. In the future an additional $4.5 million will be required to extend Bayview Way easterly to join MacArthur Boulevard. A copy of both the time line and cost estimate are attached for reference. Fletcher Jones has retained an architectural firm and a preliminary site plan has been prepared. The next steps in the project schedule are to begin environmental documentation, perform topographical and boundary work, and do geotechnical investigation of the site. This work is proposed to be done by private consultants under Engineering Services Agreements with a project management consultant to coordinate and direct the overall work efforts. A cost summary that provides estimates of the professional services anticipated during the remainder of F.Y. 1994 -95 is as follows: TASK DESCRIPTION SITE SHARE BAYVIEW WAY SHARE RAMPJR -S SHARE TOTAL (Fletcher ones) (City of Newport Beach) TCA Composite Site Plan $2,000.00 52,000.00 51,000.00 55,000.00 Cra hics EIR for Bayview Way $40,000.00 $40,000.00 0 $80,000.00 (jamboree to MacArthur) and Auto Dealership Site Permit Processing for $17,500.00 $17,500.00 0 $35,000.00 Sayview Way and Auto Dealership Site with Federal and State A encies Environmental 0 0 550,000.00 $50,000.00 Documentation for Ram R -5 Permit Processing for 0 0 $100,000.00 5100,000.00 Ramp JR -5 with Federal and State Agencies Topographical 522,500.00 522,500.00 $5,000.00 550,000.00 Mapping and Boundary Surveying Preliminary 527,500.00 $27,500.00 55,000.00 560,000.00 Engineering for Street and Site Crading; Street Improvements and Utility Infrastructure; and Ram R•5 Alignment Geotechnical Field $16,000.00 516,000.00 $8,000.00 $40,000.00 Investigation and Written Report Leven $4,500.00 $4,500.00 S1,000.00 $10,000.00 Environmental Analysis for Hazardous Materials Project Management $24,500.00 $35,000.00 $10,500.00 $70,000.00 TOTALS 5154,500.00 S165,000.00 S180,500.00 $500,000.00 SUBJECT: DEVELOPMENT OF SAN DIEGO CREEK NORTH PROPERTY November 28, 1994 Page 3 A budget amendment, providing for $70,000 from unappropriated Transportation and Circulation Account funds to a new San Diego Creek North Account No. 7261 P 301 262 A, has been prepared for Council's consideration. A portion of these costs may be reimbursed to the City upon acquisition of the site by Fletcher Jones, and when TCA takes control of JR -5. The City Council Budget Committee reviewed and approved a budget amendment request for $500,000 at their November 1, 1994 meeting. This would cover the full extimated cost of consulting services for the project. At this time the staff is only asking for a budget amendment in the amount of $70,000 to cover the project management consultants. When the consultants have better defined the scope of work and received proposals for the various work items, the staff will come back to the City Council for approval of a larger budget amendment to proceed. In order to meet the time schedule for this work, staff proposes to retain professional consultants for project management, environmental documentation, geotechnical engineering and civil engineering services for the project. At this time, Engineering Services Agreements with Mr. Gail P. Pickart, P.E. and Emmet Berkery, P.E. to provide Project Management and Preliminary Engineering Services are recommended for approval. Mr. Pickart is currently performing similar Project Management Services for the MacArthur Boulevard Widening project and Birch Street Bridge Widening over the Corona del Mar Freeway (Route 73). Mr. Pickart will continue to focus his time on those two projects; however, due to his familiarity with the site and land development in the City, he will devote a portion of his time to the San Diego Creek project. Mr. Berkery has more than 20 years experience in Public Works and land development engineering in Orange County. In the last four years he has provided project management services on commercial - industrial subdivisions in Lake Forest and Chula Vista. His experience in developing commercial and industrial sites will be very beneficial to the successful development of this project. Proposals were requested and have been received from Mr. Berkery and Mr. Pickart to provide project management services on an as needed basis. Both proposals are for services through July 1995. However it is anticipated that services will be needed after July 1, 1995 and language has been included in the agreements providing for extension by the City Manager. Fees have been based on standard hourly rates for level of services and the available time to work on this project of 30 hours per week for Mr. Berkery and a portion of the 30 hours per week Mr. Pickart is available for City projects. Mr. Pickart and Mr. Berkery will both provide project management services at $90.00 /hr. and plan check /technical /designer services at $60.00 /hr. which are comparable to rates for engineering firms in Orange SUBJECT: DEVELOPMENT OF SAN DIEGO CREEK NORTH PROPERTY November 28, 1994 Page 4 County. Copies of their rate schedules are attached. Engineering service agreements provide as follows: A) Consultant: Gail P. Pickart Term: October 1994 through June 1995 Fee: Not to exceed $15,000 for this project based on standard hourly rates Services: Project management services on as needed basis up to average of 5 hours per week B) Consultant: Emmet Berkery Term: November 1994 through June 1995 Fee: Not to exceed $55,000 for this project based on standard hourly rates Services: Project management services on as needed basis up to average of 30 hours per week Funds for these services will become available if the Council approves the proposed budget amendment for this project. The current TCA design for the Jamboree Road flyover ramp OR -5) provides for the ramp to be on an earth -fill between Bayview Way and Bristol Street. To provide an added 2.8 acres of usable land to the site, the ramp can be constructed on structure across the site. It is estimated that it will cost an additional $1.7 to $2 million for the structure. It will be necessary for the City to negotiate an agreement with the TCA to provide for the additional costs of constructing the ramp on structure and for allowing commercial uses under the structure. The staff also needs to work with the TCA on sharing the costs for design and environmental work. When the terms of an agreement are reached. It will then be brought back to the City Council for approval. -w 1 ( & Don Webb Public Works Director DW:so Attachments 0 0 SAN DIEGO CREEK NORTH SITE DEVELOPMENT COST ESTIMATE 8/26/94 Item Quantity Unit Estimated I Description I I Price Cost BAYVIEW EXTENSION, Jamboree Road to MacArthur Blvd, Bayview Extension Bridge Costs Bridge Structure (350'x 104) Bayview Roadway Costs In Newport Beach (600) 36400 SF $100.00 /SF $3,640,000 ion Contingency and Administration, 15 %, _ $560,000 Bridge total $4,200,000 AC Pavement, 6 "AC /12 "AB 50400 SF $2.50 /SF $126,000 Curb & Gutter 1200 LF $15.00 /LF $18,000 Sidewalk 12000 SF $3.00 /SF $36,000 Traffic Signal modifications@ Jamboree 1 LS $20,000.00 /LS $20,000 Traffic signal @ Ramp 1 LS $80,000.00 /LS $80,000 Signing and Striping 1 LS $8,000.00 /LS $8,000 Stone Drain improvements 1 LS $6,000.00 /LS $6,000 Construction Contingency and Administration, 15 %, _ $46,000 Newport Roadway Total $340,000 In Irvine (800) Pavement Overlay 67200 SF $1.50 /SF $100,800 Curb & Gutter 1600 SF $15.00 /SF $24,000 Sidewalk 16000 SF $3.00 /SF $48,000 Traffic Signal Installation @ MacArthur 1 LS $100,000.00 /LS $100,000 Signing & Striping 1 LS $5,000.00 /LS $5,000 Construction Contingency and Administration, 15 %, _ $42,000 Irvine Roadway Subtotal = $320,000 Bayview Extension Total = $4,860,000 UTILITIES Water Service to Site ( 12') 1900 LF $130.00 /LF $247,000 Sewer Service to Site 1 LS $250,000.00 /LS $250,000 Relocate SCE 66kv Power Lines 4 EA $75,000.00 /EA $300,000 Gas Service to Site 500 LF $15.00 /LF $8,000 Telephone/ Electrical Service to Site 500 LF $50.00 /LF $25,000 Total Utilities cost = $830,000 0 SAN DIEGO CREEK NORTH SITE DEVELOPMENT COST ESTIMATE ( Cont.) ROUTE 73 ON -RAMP (JR-5) Additional Bridge Structure, 400' Ramp pavement Credit Embankment Credit Excavation Credit SITE Grading Excavation - Below Ramp JR -5 Site Preparation Transportation Related Fees Fairshare Fees SJHTC Fees 16000 SF -16000 SF -34700 CY -8000 CY 0 8/25/94 $110.00 CY /SF $1,760,000 $5.00 80000 /SF ($80,000) $5.00 $600,000 /CY ($173,500) $2.00 $900,000 /CY ($16,000) $121.14 Subtotal = $1,490,500 Construction Contingency and Administration, 15 %, _ $223,500 Miscellaneous Building Related Fees Building Excise Tax Fee Building, Planning, EIR, School Dist„ Etc. WITH CONNECTION TO MACARTHUR WITH OUT CONNECTION TO MACARTHUR Unknown Cost is Caltrans Surplus R/W Ramp Structure Cost= $1,714,000 40000 CY $7.50 /CY $300,000 80000 CY $7.50 /CY $600,000 Grading total = $900,000 1291 trips $121.14 Arip $157,000 75000 SF $2.80 /SF $210,000 Fee total = $367,000 $16,000 $80,000 PROJECT TOTAL= $8,687,000 PROJECT TOTAL = $4,200,000 C-01 0 0 N DIEGO CREEK NORTH SITE Erc;IER- JON&S AUio DEALFRSHIP I s AMENDMENT NO. 1 CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this l0e day of L& Z�,`! 994, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and Gail P. Pickart, whose address is 7 San Mateo Way, Corona del Mar, CA 92625 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On February 23, 1994, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT" B. CITY and CONSULTANT mutually desire to amend the agreement as provide herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on February 23, 1994, is extended from July 31, 1994 to June 30, 1995. 2. The list of public works projects for which project management services are to be provided is expanded to include development of the San Diego Creek North property involving extension of Bayview Way easterly of Jamboree Road and reconfiguration of the proposed JR -S ramp from northbound Jamboree Road to westbound Corona del Mar Freeway (SR 73). 3. The maximum fee to be paid as compensation to CONSULTANT shall be increased from $70,000 to $135,000 in order to cover the extended time period. 4. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before June 30, 1995. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation / Lm,,. 4I ' APPROVED AS TO FORM: aL( � City Attorney CONSULTANT n Gail P. Pickart, P.E. ATTEST: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: February 28, 1994 SUBJECT: Contract No. C -2992 Description of Contract Consultant Agreement for Project Management Services and Capital Improvement Projects Effective date of Contract February 23 1994 Authorized by Minute Action, approved on February 14 1994 Contract with Gail P. Pickart Address 7 San Mateo Way Corona del Mar CA 92625 Amount of Contract (See Agreement) "x� 4 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach (39) TO: FROM: FEB 1 4199* CITY COUNCIL, APPROVED Public Works Department • February 14, 1993 CITY COUNCIL AGENDA ITEM NOS. 12. 13. & 14 C- 2yf7 SUBJECT: CONSULTANT SELECTION - PROJECT MANAGEMENT SERVICES RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute an Engineering Services Agreement for Project Management and Design of the Unit III Upper 7 (4 i Newport Bay Sediment Control and Enhancement Project with John M. Tettemer and Associates. 2. Authorize the Mayor and City Clerk to execute an Engineering Services Agreement for Project Management Services to implement various C- 2 Y /z 1993/94 Capital Improvement Projects with Gail P. Pickart P.E. 3. Authorize the Mayor and City Clerk to execute an Engineering Services Agreement for Project Management Services to implement various �+ _ 2 �y 3 1993/94 Capital Improvement Projects with Hunter Cook and Associates. DISCUSSION: The Public Works Department has requested letters of interest and qualifications from several local civil engineers to provide project management services and assistance to City staff in implementing the current Capital Improvement Program. Staff anticipated retaining Project Management Services for several large projects currently programmed. The Unit III Upper Newport Bay Sediment Control and Enhancement Project and the MacArthur Boulevard Improvements between Coast Highway and Ford Road are estimated at 4 million and 13.5 million dollars respectively, with significant outside funding. In addition, while there has been a reduction in engineering staff over the last year, there has been an increasing demand on engineering staff time to manage the new Measure "M" Funding Program and coordinate planning, review improvement plans, and manage or assist in the management of several regional transportation projects. Use of the private sector for project management services is consistent with the significant privatization of design engineering services which has been utilized by the Public Works Department for many years. Unit III Upper Newport Bay Project The Upper Newport Bay Executive Committee proposes a 4 million dollar dredging project (Unit III Project) to remove trapped sediment and deepen the existing Unit I basin and access channel from below Jamboree Road to the Unit II Basin below the old Salt Works dike. At its January 12, 1994 meeting, the Executive Committee approved the Department of Fish and Game plan to 0 SUBJECT: CONSULTANT SELECTION - PROJECT MANAGEMENT SERVICES February 14, 1994 Page 2 pursue mitigation funding for the project from proposed port projects in Southern California; a project schedule to pursue funding and begin preliminary engineering, environmental documentation and permit applications as soon as possible to provide for a dredging project in the 1994/95 fiscal year; and requested the City of Newport Beach to act as the lead agency for the Department of Fish and Game in negotiations for the mitigation funding and implementation of the project. The Executive Committee approved all costs for project management and design incurred by the City to be included as part of the total project cost and to be credited to the City's share in accordance with the Upper Newport Bay In -Bay Agreement. MacArthur Boulevard Widening, Coast Highway to Ford Road The Orange County Transportation Authority approved funding for design of this project in the current fiscal year and construction of the first phase, Coast Highway to San Joaquin Hills Road, in the 1994/95 fiscal year. Robert Bein, William Frost and Associates has been retained by the City, and design for the improvements from Coast Highway to Ford Road is underway. Project management services are needed to review and coordinate plan submittals to Caltrans, coordinate and schedule utility relocations and Edison facility undergrounding with the project, negotiate right -of -way and easement dedications, review and coordinate project with proposed public and private improvements to adjoining property, and manage and review consultant design work. Regional Transportation Planning and New Measure "M" Funding Program The San Joaquin Hills Transportation Corridor Improvements and related improvements to Bristol Street, University Drive, Jamboree Road, MacArthur Boulevard and Ford Road; utility replacements in Coast Highway; Caltrans maintenance and improvements to Coast Highway; proposed amendment to Orange County's Master Plan of Arterial Highways regarding Santa Ana River Bridge crossings; ramp construction from the 55 Freeway to the 73 Freeway; the 73 Freeway, 55 Freeway, 405 Freeway confluence improvements in conjunction with construction of the San Joaquin Hills Transportation Corridor; Mesa Drive/Birch Street realignment project; Birch Street bridge widening over 73 Freeway; earthquake retrofit bridge program; Irvine Avenue realignment and widening project from University Drive to Bristol Street are all projects that require significant coordination with Caltrans, the Transportation Corridor Agency, the County of Orange, neighboring cities and various private interests and landowners. Last year additional funding for highway improvement projects became available through the Orange County Measure "M" program, which will provide for increased highway funding over the next 20 years. A portion of the funds, local Measure "M" funds are distributed on the basis of population and highway mileage. A larger portion of the funds, Regional Measure "M" funds are distributed to the cities on a competitive basis which considers regional benefits and project readiness. The new program calls for applications every 2 years, approves funding over a 2 year period but requires that each City's application details a comprehensive project development 0 0 SUBJECT: CONSULTANT SELECTION - PROJECT MANAGEMENT SERVICES February 14, 1994 Page 3 program over a 5 year period. In order for projects to be competitive for funding, proponents must demonstrate significant preliminary engineering, environmental documentation and the support and cooperation of adjoining Cities, and County and State agencies. Public Works Department staff considered the following criteria in evaluating consultant engineers' qualifications to provide effective Project Management Services: 1. Experience with similar projects. 2. Experience with the various Federal, State, County and local agencies involved in City projects. 3. Experience and knowledge with City projects and programs. 4. Availability and ability to commit individual attention on a part-time basis to City projects over the remaining fiscal year with consideration for similar commitment in next fiscal year. 5. Flexibility to adjust hours on an as- needed basis. Requests for interest and qualifications to provide Project Management Services were sent to 4 local engineers. Three engineers responded and were interviewed by City staff. Mr. John M. Tettemer, John M. Tettemer and Associates; Mr. Hunter Cook, Hunter Cook and Associates; and Mr. Gail P. Pickart were interviewed; and are all well - qualified to provide Project Management Services on City projects. All 3 engineers live and work in Newport Beach, which will aid their ability to work closely with City staff.. Each engineer is registered as a Civil Engineer by the State of California, and is fully qualified professionally to perform Project Management Services. John M. Tettemer has worked with parties to the Upper Newport Bay Sediment Control program since 1980. Prior to entering private practice in 1977, Mr. Tettemer was Director of the Los Angeles County Flood Control District, where he had served for 25 years. Since opening his consulting firm he has focused his efforts in wetlands restoration, wetland development and flood control projects for private and public owners in Orange County and the Southwestern states. He has worked for The Irvine Company on flood control projects, mitigation associated with development, the San Joaquin marsh and the Upper Bay Sediment Control Program. Most recently he worked for Orange County to prepare a status report on implementation of the Upper Newport Bay /San Diego Creek Watershed Comprehensive Stormwater Sediment Control Plan. Mr. Tettemees experience in the Upper Newport Bay and the San Joaquin marsh and his association with parties to the Upper Newport Bay Program State and Federal Resource agencies and various State and Federal permitting agencies make him uniquely qualified to manage the Unit III Upper Newport Bay Project. 0 SUBJECT: CONSULTANT SELECTION - PROJECT MANAGEMENT SERVICES February 14, 1994 Page 4 Hunter Cook was employed by the City of Newport Beach as the Cooperative Projects Engineer from 1965 to 1969. Since that time he has worked as a consulting Civil Engineer for various cities and private land owners in Southern California. As the Cooperative Projects Engineer for the City and as a Contract City Engineer and Project Manager as a consultant, he has worked with Caltrans, Orange County, consulting engineers, various State and Federal agencies, local cities and private land owners. Projects include land development, street, storm drain, sewer, water and harbor improvements. Mr. Cook is currently the General Manager for Coastal Municipal Water District. Mr. Cook's experience and knowledge of the City make him well- qualified to provide project management services over a wide range of capital improvement projects. Mr. Cook is available to work on City projects up to an average of 12 hours per week. Gail Pickart was employed by the City of Newport Beach as Subdivision Engineer from 1966 to 1976. Since that time he has worked for several large land development companies, Civil Engineering firms and most recently as a self - employed Civil Engineer. As Subdivision Engineer and as a Project Manager in private practice he has worked with Caltrans, Orange County, consulting engineers, various State and Federal agencies, local cities and private land owners. Projects include large land development, streets, storm drains, water and sewer improvements in Newport Beach and Orange County. Mr. Pickart's experience and knowledge of the City make him well - qualified to provide project management over a wide -range of capital improvement projects. Mr. Pickart is currently self - employed and is available to work on City projects up to an average of 30 hours per week. Proposals were requested and have been received from all 3 engineers to provide Project Management Services at standard hourly rates on an as needed basis. The proposal from John M. Tettemer and Associates also provides for preliminary design services as needed to obtain mitigation funding and permits. All 3 proposals are for services through July 1994. However it is anticipated that services will be needed after July 1, 1994, and language has been included in the agreements providing for extension pursuant to approval by the City Manager. Fees have been based on standard hourly rates for level of services estimated to pursue funding and permits for the Unit III project by John M. Tettemer and Associates, and the available time to work on City projects 30 hours per week for Gail Pickart and 12 hours per week for Hunter Cook. John M. Tettemer and Associates will provide Project Management and Design Services at standard hourly rates which are comparable to rates for engineering firms in Orange County. Hunter Cook and Gail Pickart will provide project management services at $105/hr. and $90/hr. and plan check services at $55/hr. and $60/hr. respectively which are also comparable to rates for engineering firms in Orange County. Copies of their rate schedules are attached. Engineering Services Agreements provide as follows: 1. UNIT III UPPER NEWPORT BAY PROJECT CONSULTANT: John M. Tettemer and Associates TERM: February 1994 through July 1994 FEE: Not to exceed $91,000 based on standard hourly rates 0 0 SUBJECT: CONSULTANT SELECTION - PROJECT MANAGEMENT SERVICES February 14, 1994 Page 5 SERVICES: Project management and design as needed to pursue funding, prepare preliminary plans, obtain permits, and negotiate funding agreements 2. PROJECT MANAGEMENT SERVICES (CAPITAL IMPROVEMENT PROJECTS) CONSULTANT: Hunter Cook and Associates TERM: February 1994 through July 1994 FEE: Not to exceed $25,000 based on standard hourly rates SERVICES: Project management services on as- needed basis up to an average of 12 hours per week 3. PROJECT MANAGEMENT SERVICES (CAPITAL IMPROVEMENT PROJECTS) CONSULTANT: Gail P. Pickart TERM: February 1994 through July 1994 FEE: Not to exceed $75,000 based on standard hourly rates SERVICES: Project management services on as- needed basis up to an average of 30 hours per week Funds for these services are available in currently budgeted accounts as follows: Upper Newport Sediment Bay Sediment Control & Restoration Measure "M" Local Tumback Individual Project Accounts Benjamin B. Nolan Public Works Director JW:so Attachment $ 91,000.00 $100,000.00 As Needed 7016 98280021 7283 98313090 JOI*I. TETTEb1ER & ASSOCIATES 0,11). FEESCHEDULE Hourly Rates President Vice President, Engineering Senior Engineer Engineer III Senior Environmental Manager Engineer II Environmental Manager Engineer I Environmental Planner Draftsman Environmental Technician Executive Secretarial Assistant Tech /Clerical Clerical Direct Expenses $ 130.00 $ 95.00 $ 89.00 $ 79.00 $ 79.00 $ 67.00 $ 65.00 $ 56.00 $ 56.00 $ 46.00 $ 46.00 $ 46.00 $ 42.00 $ 38.00 Expenses such as special project supplies and materials; food, lodging and transportation for time away from Orange County area; long distance telephone, outside reproduction; courier /express mail; and other costs directly applicable to the project will be charged at cost. Auto mileage will be charged at $0.32 per mile. Computer processing time will be charged at $19.00 per hour. Normal xeroxing will be charged at $0.06 per page. 2510 Xerox will be charged at $0.50 per square foot for bond, $0.75 per foot for vellum, and $1.50 per square foot for mylar. FAX transmittals will be charged at $1.00 per page. 0 Gail P. Pickart, P.E. 7 San Mateo Way Corona del Mar, California 97625 (714) 760 -9608 FEE RATE SCHEDULE Effective January 1, 1994 I. Professional Services Title Project Manager Technician/Designer/Plan Checker Clerical/Word Processing II. Reimbursable Expenses Rate per Hour 9`0 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2 Reproduction, blueprinting, photocopying and photographing will be billed at cost. III. Outside Services Invoice costs of services and expenses charged by independent contract or consultants, specialists, and professional or technical firms in support of services provided by Gail P. Pickart, P.E. will be billed at 1.15 times cost. HUNTER COO' & ASSOCIATES 89 CUNSULTWM CUNStRUM R4 1F A VALOq OOFWMATM>r.1 • COH8T11yOitON MANAUEUWW • WAT9N SU y MA aMKW • 6PE 8T1 8 FEE SCHEDULE l_ J A. PERSONNEL SERVICES 1. Principal $105 /Hr. 2. Associate /Engineer /General Superintendent $90 /14r. 3. Inspector $75 /Hr. 4. Technician/Draftsman/Plan Check $55 /Hr. 5. Clerical $35 /Hr. B. TRAVEL AND TRANSPORTATION EXPENSES 1. Reimbursement for actual travel and subsistence expenses incurred in connection with the project plus a service charge of IS %. 2. Thirty-five (35) cents per mile for job related travel by private vehicle. C. OUTSIDE SERVICES Invoice cost of services and expenses charged by outside consultants, professional or technical firms not associated. with HC &A, engaged in connection with the order plus a service of 15 %. Associates will be billed at the appropriate rate in the personnel services category. D. WSCELLANEOUS SERVICES The invoice cost of materials, supplies, reproduction work, communication expenses and other specialized services procured from outside sources plus a service charge of 15%. FS294NB 3810 Ewer Co *T NgwM'Ar, BuRE 4 (714) 780 -0639 CO A M, MAR. OKtfa/aa 92625 • • C -Z9yL CONSULTANT AGREEMENT Project Management Services Capital Improvement Projects THIS AGREEMENT, entered into this a�ay of ,1994, by and between the CITY OF NEWPORT BEACH, a municipal rporation, (hereinafter referred to as "CITY ") and Gail P. Pickart, whose address is 7 San Mateo Way,Corona Del Mar, CA 92625 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: R E C I T A L 8• 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 Statues of the State of California and the Charter of the City. B. CITY and CONSULTANT desire to enter into an agreement for Professional Civil Engineering services to manage implementation of Public Works capital improvement projects within the City. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM A. The term of this agreement shall commence on the 1st day of February, 1994 and shall terminate on the 31st day of July, 1994, unless terminated earlier as set forth herein. B. It is anticipated that project management services as provided for in this agreement will also be desired in the 1994/95 fiscal year. Term of this agreement may be extended by mutual consent of both parties under the terms of an amended Consultant Agreement approved by the City Manager. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT Project management services will include supervision of consultant firms preparing project studies, final plans and specifications; coordination and presentations to various Federal and State agencies necessary to obtain permits for the projects; preparation of cooperative agreements as necessary for funding and 1 • r construction of the projects; negotiations with property owners to coordinate construction, obtain right -of -entry permits and right - of -way as required; coordination of various Federal, State, local and private parties as necessary to manage projects; and construction management services including contract administration, construction observation, scheduling and change order negotiation, preparation and processing. Public Works projects for which project management services are anticipated to be provided are: 1. Widening and reconstruction of MacArthur Boulevard (S.R. 73) from Pacific Coast Highway to Ford Road. 2. Widening of the Birch Street overpass bridge crossing the Corona del Mar Freeway (S.R. 73). 3. Widening and reconstruction of the Newport Boulevard (S.R. 55) overcrossing of Pacific Coast Highway (S.R.1). 4. Bridge Seismic Retrofit Program. The City has a wide range of projects underway and the list of projects set forth above is not intended to be restrictive or all- inclusive. Project management services are intended to be available to the City staff on an as needed basis that allows flexibility and readjustment to meet requirements as they arise. CONSULTANT shall be available to city on an as needed basis up to an average of thirty (30) hours per week and shall provide project management services as noted above and as attached hereto set forth in Exhibit "A" The proposal dated February 7, 1994. SECTION 3: COMPENSATION TO CONSULTANT A. CONSULTANT shall be compensated for services performed pursuant to this agreement by invoicing City for services rendered on a monthly basis. Fee shall be on a time and materials basis, based on standard hourly rates as set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $70,000.00. In the event of unforseen changes or required additions to the work which are not outlined by this agreement, the Public Works Director 2 0 may authorize additional compensation up to 15% of the original contract amount. Such work shall be performed on a time and materials basis at the rates shown in Exhibit "A ". B. It is anticipated that project management services as provided for in this agreement will also be desired in the 1994/95 fiscal year. Compensation under this agreement is for services over the remaining fiscal year. Compensation may be extended for services performed during the 1994/95 fiscal year by mutual consent of both parties under the terms of an amended Consultant Agreement approved by the City Manager. SECTION 4: STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5: INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6: HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT'S negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of 3 0 0 liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the City, its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to City, certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 4 Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. SECTION S. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9: PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10: REPORTS 9 0 0 Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY upon final payment to the CONSULTANT. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11: RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. 71 0 0 SECTION 12: NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Gail P. Pickart 7 San Mateo Way Corona del Mar, CA 92625 (714) 760 -9608 SECTION 13: TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14: COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any 7 provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15: COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16: WAIVER A waiver by CITY or CONSULTANT 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. SECTION 17: INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor APPROVED AS TO FORM: Ci_y Att rney ATTEST: 1� e' CITY CLERK CONSULTANT BY:^'Y V Vii c.12a� C/ GAIL A. PICKA2T, P.E. Gail P. Pickart, P.E. 7 San Mateo Way Corona del Mar, CA 92625 (714) 760 -9608 February 7, 1994 Mr. John Wolter CITY OF NEWPORT BEACH Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 -1768 Dear Mr. Wolter: As a consequence of my meeting with the Selection Committee on January 19, 1994, along with subsequent discussions, I am pleased to submit this revised proposal to provide professional civil engineering services relative to the management of planned public works projects in which the City of Newport Beach is involved. This proposal anticipated providing project management services on essentially a "time and materials" basis for a period of approximately one year. Project management services will be provided in an amount averaging thirty (30) hours per week. Such services will be billed in accordance with the Fee Rate Schedule enclosed. It is anticipated that at least 50% of the services provided will be billed at the Project Manager rate. Actual services rendered and tasks performed will be closely coordinated with the designated responsible Public Works Department staff member. The planned public works projects for which project management services are anticipated to be provided are: 1. Widening and reconstruction of MacArthur Boulevard (S.R. 73) from Pacific Coast Highway to Ford Road. 2. Widening of the Birch Street overpass bridge crossing the Corona del Mar Freeway (S.R. 73). 3. Widening and reconstruction of the Newport Boulevard (S.R. 55) overcrossing of Pacific Coast Highway (S.R. 1). It is understood that the level of involvement in projects will vary and may be changed from time to time. The list of projects set forth above is not intended to be restrictive or all- inclusive. The objective of the contract is to make project management services available to the City Staff in a manner that allows flexibility and readjustment to meet requirements as they arise. I understand that this proposal will become an attachment to or will be incorporated into a standard form City of Newport Beach consultant contract that will be presented to the City Council for appropriate action. Please let me know when the contract is ready for signature. Thank you for the opportunity to submit this proposal. I look forward to working with the Public Works Department staff. ncerely, n Gail P. Pickart GPP /sc . • • Gail P. Pickart, P.E. 7 San Mateo Way Corona del Mar, California 92625 (714) 760 -9608 FEE RATE SCHEDULE Effective January 1, 1994 I. Professional Services Title Project Manager Technician/Designer/Plan Checker Clerical/Word Processing II. Reimbursable Expenses Rate per Hour 9 "1 1'1' .1 11 I 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying and photographing will be billed at cost. III. Outside Services Invoice costs of services and expenses charged by independent contract or consultants, specialists, and professional or technical firms in support of services provided by Gail P. Pickart, P.E. will be billed at 1.15 times cost.