HomeMy WebLinkAboutC-2993 - Engineering Services for Implementing Various Capital ImprovementsCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR 3 - 3 % 7
FROM: CITY CLERK
DATE: March 3, 1994
SUBJECT: Contract No. C -2993
Description of Contract Consultant Agreement for Project
Management Services /Capital Improvement Projects
Effective date of Contract March 3 1994
Authorized by Minute Action, approved on February 14 1994
Contract with Hunter Cook & Associates
Address 3810 East Coast Highway Suite 4 --
Corona del Mar CA 92625
Amount of Contract (See Agreement)
Wanda E. Raggio p (/
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
V
(38)
TO:
FROM:
FER
APPROVED
CITY COUNCIL
Public Works Department
0
February 14, 1993
CITY COUNCIL AGENDA
ITEM NOS. 12. 13. & 14
- -'r,c7
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 - 2 7S7
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
1993/94 Capital Improvement Projects with Gail P. Pickart P.E.
Authorize the Mayor and City Clerk to execute an Engineering Services
Agreement for Project Management Services to implement various (_ ?
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
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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
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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. Tettemer's 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.
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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
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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
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
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 Turnback
Individual Project Accounts
12
Benjamin B. Nolan
Public Works Director
JW:so
Attachment
$ 91,000.00
$100,000.00
As Needed
7016 98280021
7283 98313090
JOH161. TETTEMER & ASSOCIATES, *'D.
FEESCHEDULE
Hourly Rates
President $ 130.00
Vice President, Engineering $ 95.00
Senior Engineer $ 89.00
Engineer III $ 79.00
Senior Environmental Manager $ 79.00
Engineer II $ 67.00
Environmental Manager $ 65.00
Engineer I $ 56.00
Environmental Planner $ 56.00
Draftsman $ 46.00
Environmental Technician $ 46.00
Executive Secretarial Assistant $ 46.00
Tech /Clerical $ 42.00
Clerical $ 38.00
Direct ExWn5e.
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.
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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
1 1'1
.1 11
11
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
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A. PERSONNEL SERVICES
1. Principal
2. Associate /Engineer /General Superintendent
3. Inspector
4. Technician/Draftsman/Plan Check
5. Clerical
B. TRAVEL AND TRANSPORTATION EXPENSES
40
$105 /Hr.
$90 /Hr.
$75 /Hr.
$55 /Hr.
$35 /Hr.
1. Reimbursement for actual travel and subsistence expenses incurred in connection
with the project plus a service charge of 15 %.
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. MISCELLANEOUS 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 %.
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CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
THIS AGREEMENT, entered into this -Lze -- day of
1994, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and
Hunter Cook & Associates, a California corporation, whose address
is 3810 East Coast Highway, suite 4, Corona Del Mar, CA 92625
(hereinafter referred to as "CONSULTANT ") is made with reference to
the following:
R E C I T A L S:
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
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. Term of
agreement may be extended by mutual consent of both parties.
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
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
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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 reasonably available to city on an as
needed basis up to an average of eleven (11) 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 9, 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 $25,000.00. In
the event of unforseen changes or required additions to the work
which are not outlined by this agreement, the Public Works Director
may authorize additional compensation up to 150 of the original
contract amount. Such work shall be performed on a time and
materials basis at the rates shown in Exhibit "A ".
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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 1993/94 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.
C. CONSULTANT shall bill CITY monthly for work performed and
CITY shall pay CONSULTANT within 30 days of date of invoice.
SECTION 4: STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a
manner commensurate with the community professional standards for
Civil Engineers 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
A. CONSULTANT agrees to indemnify, defend, save and hold
harmless CITY, its CITY Council, boards and commissions,
officers and employees from and against any and all loss,
damages, liability, claims, suites, costs and expenses
for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury,
property damages, attorneys fees and court costs arising
from any and all negligent actions of CONSULTANT, its
employees, agents or subcontracts in the performance of
services or work conducted or performed pursuant to this
Agreement.
B. CITY agrees to indemnify, defend, save and hold harmless,
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CONSULTANT, its officers, employees, agents and
representatives, from and against any and all loss,
damages, liability, claims, suites, costs and expenses
for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury,
property damages, attorneys fees and court costs arising
from any and all negligent actions of CITY, its officers,
employees, agents or subcontractors in the 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
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,
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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.
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 8. 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
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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
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
unreasonably withheld.
Such approval shall not be
CONSULTANT shall, at such time and in such form as CITY
may require, furnish reports concerning the status of services
required under this Agreement.
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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.
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:
Hunter Cook, President
Hunter Cook & Associates
3810 East Coast Highway, Suite 4
Corona del Mar, CA 92625
(714) 760 -0539
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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
CONSULTANT's failure to perform services (fault), 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
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
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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
APPROVED AS TO FORM:
ATTEST:
CITY CLERK
CONSULTANT
BY
M
HUNTER COOK* ASSOCIATES •
ICONSULTING CONSTRUCTION ENGINEERS
G CALIF NIA CORPORATION
• CONSTRUCTION MANAGEMENT
February 9, 1994
• WATER SUPPLY MANAGEMENT
• SPECIAL STUDIES
Hunter T. Cook, P.E.
P'eeklenl
Mr. John Wolter
Cooperative Projects Engineer
City of Newport Beach
Public Works Department
Box 1768
Newport Beach, CA 92659 -1768
Dear John:
Subject: Project Management Services
We are pleased to submit this proposal to provide assistance
to the City in the management of your continuing and upcoming
public works projects.
1. SCOPE OF SERVICES REQUIRED
The City has a wide range of projects underway and in the
detailed planning or conceptual stages. These include major,
street widening and bridge upgrading projects among others.
The City proposes to hire two or more consultants to act as
an extension of the city staff to manage one or more pro-
jects as may be assigned from time to time.
2. SERVICES BY (CONSULTANT
Provide experienced project managers when requested within
availability as agreed. Primary manager will be Hunter T.
Cook, PE.; estimated availability 30 % ±.
3. SERVICES BY CITti'
Provide initial project data and criteria updates when
appropriate.
4. PAYMENT
Services will be provided on a time and material basis -..
accordance with attached Fee Schedule FS294NB. Invoices
will be submitted monthly.
3610 EAST COAST HIGNWAY. SUITE 4 (7141 760 -OS39 CORONA DEl MAR. CALIFORNIA 9262S
Newport Beach
February 9, 1994
Page 2
5. TERM
This agreement shall become effective when it is approved by
the City Council and shall remain in effect until canceled
by either party with advance written notice as agreed to the
other party at the City Hall or Consultants primary place of
business.
Thank you for this opportunity to be of service. Please give
me a call if you have any questions.
Sincerely yours
HUNTER COOK. E ASSOCIATES
Hunter T. Cook, PE, F.ASC:E
HTC:bc
Enclosures
1. FS294NB
2. Cook Experience Summary
HUNTER COOK ASSOCIATES
CONSULTING CONSTRUCTION ENGINEERS
A CALIFORNIA CORPORATION
• CONSTRUCTION MANAGEMENT
• WATER SUPPLY MANAGEMENT
SPECIAL STUDIES
FEESCHEDULE
A. PERSONNEL SERVICES
1. Principal
2. Associate /Engineer /General Superintendent
3. Inspector
4. Technician/Draftsman/Plan Check
5. Clerical
B. TRAVEL AND TRANSPORTATION EXPENSES
0
$105 /Hr.
$90 /Hr.
$75 /Hr.
$55 /Hr.
$35 /Hr.
1. Reimbursement for actual travel and subsistence expenses incurred in connection
with the project plus a service charge of 15 %.
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. MISCELLANEOUS 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
HUNTER COOK& ASSOCIATES •
CONSULTING CONSTRUCTION ENGINEERS
A CAUfORNIA CORPORATION
CONSTTIUCTIOM MANAGEMENT HUNTER T. COOK, P.E.
• WATE, SUPPLY MANAGEMENT President
• SPECIAL STUDIES
REGISTRATION
EXPERIENCE
Civil Engineer
More than 30 years planning, designing and constructing a wide
California, Nevada and
variety of major facilities in the U.S. and abroad. These have
Washington
covered the planning, design and construction of a wide range of
Past President
land development projects including the new town of Irvine in
Traffic Engineer
Southern California; schools, churches; industrial parks;
California
technical and recreational facilities; large scale mass grading and
American Arbitration Association
dredging projects; a full spectrum of public works installations
General Contractor
ranging from streets and highways to water and sewage
California - Class A and B
treatment, storage and distribution facilities; and major flood
EDUCATION
control, harbor and airport installations. These have involved
Real Estate Broker
coordination with Federal, State, County and local governments,
California
including CalTrans, in six (6) major Southern California
University of California,
counties.
PROFESSIONAL AFFILIATIONS
This wide ranging experience includes management of people,
American Society of materials and construction as...
Civil Engineers - Fellow
* Consulting Construction Engineer serving Government
American Concrete Institute and Industry.
Construction Management
* Director of Design and Construction for The Irvine
Association of America
Company, developer of Irvine, a complete, master -
planned city.
Rotary International
Past President
* Manager of Wilsey & Ham's Palm Springs Branch
Newport- Balboa
Office serving public and private clients in Riverside,
San Bernardino, and Imperial Counties.
American Arbitration Association
Construction Arbitrator
* City Engineer /Public Works Director for Carlsbad, the
fastest growing city in North San Diego County.
EDUCATION
* City Engineer, Palm Desert. Organized Public Works
B. S. Civil Engineering
Department for newly incorporated City.
University of California,
Berkeley
* Cooperative Projects Engineer, Newport Beach.
Managed City projects using Gas Tax, AI-IFP and outside
agency funding. Negotiated agreements. Served as City
FOREIGN LANGUAGES
R/W Agent.
Spanish
3610 EAST COAST HIGHWAY. SUITE 4 (714) 760 -0539 LOTION. DEL MA.. C.UEOTINIA 92625
GENENAt Ca rAACm LIC. No. 407719