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
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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
•
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•
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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.