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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 0 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 i 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. 0 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 • 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. • a 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 09 C9NaOLTINC3 CONSTP1. CM OINFEgg A CJILIFOnHIA py�pOyl7,p� • C—&TO4UQT10N MwHAGENIW • WATtn SUPPLY MAHAacM,W S�C� an Wa FEE SCHEDULE 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 %. FS294NB J 1 0 Fb C -%' HK.. . &u e 4 (714) 780 -O539 co"d ^ M, Mu' C� VZUZ5 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 1 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 ". F • • 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, [:3 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, 4 • • 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 5 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. 2 • ! 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 7 0 0 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 12 0 0 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