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HomeMy WebLinkAbout05 - Park Avenue Bridge C-5128Q SEW POQT CITY OF O A s^ BEACH z N'�' i_RT City Council Staff Report Agenda Item No. 5 October 8, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3330, dawebb(abnewportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer 949 - 644 -3321, ftse(a)newportbeachca.gov APPROVED: J�n� A TITLE: Amendment No. 1 to Professional Services Agreement with RBF Consulting for the Park Avenue Bridge Replacement Project — Contract No. 5128 ABSTRACT: RBF Consulting was retained in May 2012 to provide conceptual design services for the Park Avenue Bridge Replacement Project. The conceptual design phase is now complete and additional funding is needed to begin the environmental documentation, permitting and final engineering phase. RECOMMENDATION: Approve Amendment No. 1 to Professional Services Agreement (PSA) with RBF Consulting (RBF) for environmental documentation, permitting and final engineering services not to exceed $766,600.00 and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS:. Sufficient funds are available in the current budget in Account No. 7251- C2002067 for this work with funding being provided by the Federal Highway Bridge Program (HPB). DISCUSSION: The State of California Department of Transportation (Caltrans) conducts periodic inspections of public bridges throughout the State. The Park Avenue Bridge spanning across the Grand Canal connecting Balboa Island and Little Balboa Island was inspected by Caltrans and received a rating of "Functionally Obsolete" due to its age and high maintenance cost. As such, staff applied for and secured funding under the Federal Highway Bridge Program (HBP) to replace the existing bridge. 1 of 40 Amendment No. 1 to Professional Services Agreement with RBF Consulting for the Park Avenue Bridge Replacement Project — Contract No. 5128 October 08, 2013 Page 2 On May 21, 2012, the City entered into a PSA with RBF to provide conceptual design services for a fee of $119,500.00. Throughout the conceptual design phase, staff participated in numerous meetings with representatives from the Balboa Island Residents Associations and held two community meetings to discuss the conceptual bridge plans. The conceptual design phase resulted in the bridge plans being used for environmental documentation, analysis and coastal permitting. Staff invited RBF to submit a proposal for the environmental documentation, permitting and final engineering phase due to their extensive knowledge of the project and success in completing similar bridge projects throughout the State. Staff negotiated a contract amendment with RBF for a not to exceed fee of $766,600.00, bringing the total contract amount to $886,100.00. RBF's schedule will result in a Coastal Development Permit application being submitted to the California Coastal Commission in mid -2014 and completion of final engineering by September 2015. In order to provide adequate funding for the bridge replacement project, staff submitted supplemental funding requests to Caltrans seeking additional HBP funds based on the current cost estimates. Caltrans has approved the City's request bringing the funding available for engineering design and environmental documentation to $886,100.00 and amount available for construction to $3,528,000.00. The total HBP federal funding approved to -date is therefore $4,414,100.00. Revenue and appropriations for construction will be made in future year CIP budgets. Unlike other federal -aid programs, HBP pays 100% of the project costs and does not require a local fund match. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this funding approval action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: �.� David A. ebb Public Works Director Attachments. A. Amendment No. 1 to PSA with RBF Consulting B. Location Map 2 of 40 Attachment A AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PARK AVENUE OF GRAND CANAL BRIDGE REPLACEMENT PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One ") is made and entered into as of this 9th day of October, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and RBF CONSULTING, a California corporation ( "Consultant "), whose address is 14725 Alton Parkway, Irvine, California 92618, and is made with reference to the following: RECITALS A. On May 21, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement') for preliminary design services for the Park Avenue over Grand Canal Bridge Replacement project (`Project'). B. City desires to enter into this Amendment No. One to extend the term of the Agreement, reflect additional Services not included in the Agreement, to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is a mended in its entirety and replaced with the following: 'The term of this Agreement shall commence on the May 21, 2012, and shall terminate on December 31, 2015, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ('Services" or "Work "). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A ". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ('Services' or "Work "). Exhibit B of the Agreement and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B ". 3 of 40 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Exhibit A of this Amendment No. One, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Eighty Six Thousand One Hundred Dollars and 00/100 ($886,100.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seven Hundred Sixty Six Thousand Six Hundred Dollars and 00/100 ($766,600.00). 4. INSURANCE Section 14 of the Agreement is amended in its entirety and replaced with the following: "Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RBF CONSULTING '_•- . 4 of 40 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: In' By. aron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: RBF CONSULTING California corporation Date: Bv: Bradley R. Mielke Senior Vice President Date: By: S. Robert Kallenbaugh Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RBF CONSULTING Page 3 5 of 40 SCOPE OF SERVICES RBF CONSULTING Page A -1 6 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project PARK AVENUE OVER GRAND CANAL BRIDGE REPLACEMENT PROJECT ENVIRONMENTAL & FINAL DESIGN SERVICES SCOPE OF WORK The Scope of Work provided by RBF Consulting (Consultant) is based upon a City of Newport Beach (City) request for proposal for Environmental and Final Design Services related to the Park Avenue Grand Canal Bridge Replacement Project (Contract No. 5128). The scope of work involves environmental services for preparation and approval of the following: • Environmental Technical Studies • Environmental Document • Regulatory Permits • Coastal Development Permits • Final Design Plans, Specifications & Estimate (PS &E) The documents will be prepared for the build alternative (1 alternative), as identified by the City, for the replacement of Park Avenue Bridge over Grand Canal in the City of Newport Beach. The project will be funded by federal HBR funds and subject to the provisions of the Caltrans Local Assistance Procedure Manual. This scope of work assumes a 24 -month project delivery schedule. TASK 1 — PROJECT MANAGEMENT This task covers project management services including the requirements for meetings, schedules, progress reports, and administration of Consultant's work. 1.1 PROJECT MANAGEMENT Following are administrative duties, which shall be performed by Consultant during the Preliminary Engineering phase: Supervise subcontractors and staff, coordinate, and provide Quality Control so that work is conformance with City and Caltrans standards and policies; and Prepare, circulate, and file correspondence and memoranda as appropriate. Deliverables: Management /Administration Support 1.2 PROJECT MEETINGS Consultant shall attend project meetings including the designated City staff members. Appropriate Consultant staff members will attend the meetings to discuss the project objectives, goals, and report on progress of the project. The following meetings are anticipated and included in the Scope of Work: Environmental phase initiation meeting to discuss the project requirements Fifteen (15) project meetings with City staff, Caltrans, and others as appropriate. Two (2) Public Hearings during preparation of the Environmental Document September 19, 2013 Page 1 of 27 7 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project where Consultant staff will serve as the technical advisors to present information and address questions related to the architectural, engineering and environmental aspects of the project. • Four (4) meetings for the processing of the regulatory permit application and coastal development application. Consultant will arrange meetings, provide discussion materials and agendas and develop and distribute meeting notes. In addition, Consultant shall prepare an action item matrix, document all project decisions and distribute correspondence copies to all project team members and City staff as appropriate. Should the City determine that additional meetings beyond those assumed in this scope of work are necessary, those services will be provided under a separate scope of work and contract modification. TASK 2 — ENVIRONMENTAL DOCUMENT Consultant understands that the City has obtained Federal funding for the project through FHWA/Caltrans Highway Bridge Replacement and Rehabilitation Program (HBRRP). Thus, the proposed project will require a diligent environmental review under both NEPA and CEQA to allow for project approval. Based on available project information, Caltrans District 12 will be the lead agency for the NEPA action because of the City's receipt of federal funding. The City of Newport Beach will be the lead agency under the California Environmental Quality Act (CEQA). A detailed environmental work program for the proposed project is provided below. 2.1 TECHNICAL STUDIES 2.1a Air Quality Report Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively evaluated using CaIEEMOd. As the project is a roadway widening project and would not generate operational trips, the operational emissions analysis will be qualitative. Where necessary, carbon monoxide hotspots will be evaluated. Consultant will also qualitatively discuss naturally occurring asbestos impacts. The project is exempt from all conformity analysis requirements as it is a listed project type under the "Table 2" exemption list in 40 CFR 93.126. Therefore, consultation with the Transportation Conformity Working Group is not required. Consultant will also prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct and indirect sources. The emissions inventory will be compiled consistent with the methodology prescribed by CARB in the Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories. September 19, 2013 Page 2 of 27 8 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.9b Noise Technical Memorandum Consultant will review applicable noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts will be discussed for land uses adjacent to the proposed project. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence. Vibration impacts will also be assessed for adjacent sensitive uses. A screening level operational noise assessment will be conducted to determine the change in ambient noise due to implementation of the proposed roadway widening. However, per the Caltrans Standard Environmental Reference (SER), a formal Noise Study Report is not required. Compliance with applicable noise standards will be evaluated, with recommended mitigation measures included where appropriate. 2.9c Phase I initial Site Assessment Consultant will prepare a Phase I Initial Site Assessment (ISA) for the proposed project. The ISA will be prepared in accordance with the American Society for Testing and Materials (ASTM) Standard Practice E 1527 -05 and the Caltrans SER. It is acknowledged in this Scope of Work that one (1) build alternative will be considered and it is assumed that no permanent right -of -way acquisition is required as part of the proposed project. The Phase I ISA will include the following primary components. Site Visit. Consultant will perform a site visit, which will consist of a visual examination of the project site for visual evidence of potential environmental concerns, including existing or potential soil and groundwater contamination as evidenced by soil or pavement staining or discoloration; stressed vegetation; indications of waste dumping or burial; pits; ponds; or lagoons; containers of hazardous substances or petroleum products; electrical and hydraulic equipment that may contain PCBs, such as electrical transformers and hydraulic lifts; and underground and aboveground storage tanks. Consultant will examine the physical characteristics of the property (i.e., apparent runoff directions, location of paved areas, etc.). It should be noted that the site visit specifically excludes any subsurface investigation including, but not limited to, sampling and /or laboratory analysis. A preliminary visual examination of immediately adjacent property conditions and their general nature will be conducted. Historical Use Investigation. An investigation of historical uses of the project site by examining locally available aerial photographs (including historical aerial photos), historical topographic maps, and other available documentation for evidence of potential environmental concerns associated with prior land uses. This analysis will be provided in table format within the ISA report. Other past investigations will also be considered, if provided by the City. Interviews. Consultant will interview knowledgeable persons (i.e., current property owners, operators, occupants, adjacent residents, as well as applicable public agencies, if available) to identify operations conducted on the project site and neighboring properties, if any. Consultant will also identify the uses of all adjoining properties (i.e., those contiguous to the project site). If such operations are likely to affect the project site by contamination with hazardous substances or September 19, 2013 Page 3 of 27 9 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project petroleum products, Consultant will describe the risks presented to the project site within the ISA. Physical Setting Documentation. A review of information available on general geology and topography of the project site and local groundwater conditions will be conducted. Regulatory Database Search. Consultant will include a review of the commercial database summaries, provided by Environmental Data Resources, Inc. (EDR), regarding public agency records for the project site and surrounding area. Other Documentation. A review of available property data for the project site, if applicable and available, will be conducted. Consultant will complete the ISA Checklist, as required by Caltrans, for the project. 2.1d Natural Environment Study Consultant will conduct a biological survey and prepare a Natural Environment Study (NES) in accordance with Caltrans requirements. The NES will include a description of the field methods used and the results of the biological evaluation of the project area. The report will include a list of plant, wildlife and aquatic species present within the project area, a general description of the aquatic and plant communities occurring in the area, the presence or absence of any federally or state listed species or sensitive habitats, as well as the presence of jurisdictional waters. The proposed scope of services includes preparation of a draft NES to be reviewed by the City and Caltrans. Consultant will respond to two sets of comments and revise the NES, and prepare and distribute up to five copies of the final NES. Literature Review. Consultant will review available data for the project and surrounding area to determine which sensitive resources are likely to occur. A database search of the California Natural Diversity Data Base (CNDDB) and California Native Plant Society (CNPS) listings regarding sensitive biological resouces known to occur in the region and vicinity of the site will be conducted. Additional agency information sources will be consulted including the California Coastal Commission, National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries), California Department of Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and historic /current aerial photographs as appropriate to define identify jurisdictional waters and to define the habitat requirements for sensitive species potentially occurring on -site. This will allow Consultant to focus its field visit on those sensitive biological resources present or likely to be present on the site. In accordance with Caltrans guidelines, Consultant will submit a letter to the USFWS and NOAA Fisheries requesting a list of threatened and endangered species known from the project vicinity. The results of the records search will be summarized in a table and included in the NES report. The Biological Study Area (BSA) will be determined through coordination with a Caltrans Biologist. Site VisiUHabitat Assessment. Following the literature review, the project site and surrounding areas will be surveyed to document existing conditions. The site's connectivity to the Pacfic Ocean will be surveyed to determine whether the site provides any suitable habitat to support federally or state listed species or sensitive habitat types and the site function within the California Coastal Zone. September 19, 2013 Page 4 of 27 10 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The location of any sensitive biological resources within the BSA will be mapped. Notes will be taken on all flora and fauna species observed. This survey will provide an understanding of the overall project setting and biological resources occuring within the area. NES Report. A NES report will be prepared with the results from the habitat assessment that will document all wildlife and aquatic habitats occurring on the project site and within the immediate vicinity, the potential to support federally or state listed species and will include a discussion of the project's potential impacts within California Coastal Zone. The report will include a detailed map of the aquatic and plant communities occuring in the area and within the immediate project site, including their respective acreages. The report will include a brief analysis of projected impacts to biological and marine resources, and suggested mitigation measures, if necessary. The report will be sufficient to allow the City and Caltrans to make the appropriate impact/mitigation determinations under CEQA and NEPA and to support any required permits. 2.9e Water Quality Technical Memorandum A Water Quality Technical Memorandum (WQTM) will be developed to support the environmental documentation for the project. The WQTM will qualitatively discuss the project's impacts on receiving water quality during construction and post- construction conditions based on the region's applicable stormwater regulations and consistent with the National Pollutant Discharge Elimination System ( NPDES) permit requirements. It will characterize the baseline water quality conditions, identify the potential water quality issues from developing the project, and identify applicable mitigation measures (Best Management Practices). The memo will discuss the following: • The evaluation of the potential impacts related to implementing the project; Regional Hydrology, Local Hydrology, Floodplains, Groundwater Resources, Topography, Climate, and Soils /Erosion Potential; The applicable requirements of the local NPDES permit (Newport Beach is a co- permittee under the Orange County Santa Ana Regional Board NPDES Permit Order No. R8- 2009 -0030 CAS 618030), Federal Clean Water Act (CWA), State Water Quality Regulations (Statewide Construction General Permit), State Requirements under Section 402 of the Federal CWA, Beneficial Uses, Groundwater and Surface Water Quality Objectives, and Impaired Waters. A risk analysis will be conducted consistent with the California Statewide Construction General Permit (Order 2009 - 0009 -DWQ); and Potential stormwater quality mitigation measures (Best Management Practices) that may be needed per the water quality requirements applicable to the project. If it is determined during the Design Phase that the project will cause an increase in impervious area over 5,000 square feet, then a Water Quality Management Plan (in compliance with the local NPDES permit requirements) would be required under a separate scope and fee. September 19, 2013 Page 5 of 27 11 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.1f Historic Properties Survey Report/Archaeological Survey Report Consultant has retained Cogstone Resource Management for the preparation of cultural resources documentation for the proposed project. Based on Cogstone's assessment of the bridge and surrounding areas, it is expected that a Historic Properties Survey Report and Archaeological Survey Report (HPSR /ASR) will be required by Caltrans. The primary components of the HPSR /ASR are as follows: • Coordinate with the City and Caltrans to define project description and associated impact area; • Perform literature record searches for known resources consisting of: o Archaeological and historic records to be searched at South Central Coastal Information Center; o Review of historic aerials and topographic maps; and o Review of previous studies in the area; • Background research and investigation to develop brief contexts for prehistoric and historic resources; • Native American Consultation as follows: o Sacred lands search from Native American Heritage Commission (NAHC); o Follow up contact with all Native American tribes or individuals recommended by Commission and maintain log of results; and o Contact local historic preservation groups and other stakeholders to obtain information and concerns and maintain log of results. • Field survey and reconnaissance, including the following: o Intensive pedestrian survey of the entire project area; 0 Documentation of any resources encountered using high resolution GPS & photography. • Draft Historic Properties Survey Report with appended Archaeological Survey Report, including responding to two rounds of comments and producing final documents. Note that Cogstone has already consulted with Caltrans and learned that the existing Park Avenue Bridge (Caltrans Bridge #55CO015) although built in 1930 was substantially modified in 1984 and Caltrans determined that it lacks integrity and is not eligible for the National Register. On that basis, no historic resources evaluation for the bridge is required. In some instances, Caltrans will require a study border of one parcel past the area of direct impacts, which could mandate preparation of a Historical Resources Evaluation Report (HRER). If preparation of an HRER is determined to be required, it will be subject to a separate scope of work and contract modification. September 19, 2013 Page 6 of 27 12 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.1g Traffic Study Consultant will prepare a traffic study analyzing and documenting forecast traffic conditions during deconstruction of the existing Park Avenue Bridge and subsequent construction of the new Park Avenue Bridge linking Little Balboa Island with Big Balboa Island. The traffic study will analyze three potential deconstruction /construction traffic condition scenarios under consideration: 1) provide temporary alternating two -way traffic on a one -lane bridge at the Park Avenue location during the Park Avenue Bridge deconstruction /construction stages; 2) provide temporary two -way traffic on a temporary two -lane bridge at the Balboa Avenue location during the Park Avenue Bridge deconstruction /construction stages with no traffic connection the Park Avenue location; and 3) provide temporary one -way traffic on a one -lane bridge at the Park Avenue location in conjunction with temporary one -way reverse directional traffic on a temporary one -way bridge at the Balboa Avenue location during the Park Avenue Bridge deconstruction /construction stages. This scope of work assumes traffic count data collection during typical weekday a.m. and p.m. peak period conditions at the following four intersections: Marine Avenue /Balboa Avenue, Marine Avenue /Park Avenue, Abalone Avenue /Balboa Avenue, and Abalone Avenue /Park Avenue, as well as up to five 24 -hour roadway segment counts at locations to be identified based on discussions with City staff. It should be noted that this scope of work for NEPA/CEQA compliance documentation analyzes impacts at the Park Avenue location only. If, as a result of the traffic study, a temporary bridge at Balboa Avenue is selected by the City, a separate scope and fee would be required to adequately analyze impacts at the Balboa Avenue location. 2.1h Minor Visual Impact Assessment Consultant will prepare a Minor Visual Impact Assessment (VIA) for the proposed project. Pursuant to the Caltrans SER, Consultant will prepare the Minor VIA consistent with the guidelines set forth by the FHWA Visual Impact Assessment for Highway Projects Guidelines. The Minor VIA will be prepared consistent with the current Caltrans Landscape Architecture Program's recommended Minor VIA Annotated Outline. The existing visual setting will be verified and qualitatively discussed for the project area. An inventory of current existing conditions and visual resources will be documented by a site visit. The visual change from baseline conditions will be discussed, as seen from surrounding public viewers. The anticipated viewer response to project changes will be documented. The resultant impacts will be discussed. The project's overall temporary construction, project operations, and cumulative conditions will also be considered. Avoidance, minimization, and /or mitigation measures will be recommended to reduce the visual impacts from the project, if any. This task specifically excludes the preparation of visual simulations for the project. 2.1i Location Hydraulic Study /Summary Floodplain Encroachment Report Consultant will prepare a Location Hydraulic Study summarizing the existing Zone AE floodplain on Balboa Island and any potential impacts that the Park Avenue Bridge Replacement has on the floodplain. In order to assess impacts, Consultant will complete research at the Federal Emergency Management September 19, 2013 Page 7 of 27 13 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Agency (FEMA) to obtain the back -up data for the existing floodplain. The existing floodplain appears to be the result of a backwater condition in Newport Bay. Therefore the Park Avenue Bridge Replacement is not likely to impact the existing floodplain. This task assumes a no or low impact to the floodplain result, therefore only a Summary Floodplain Encroachment Report is included. No hydraulic modeling is included as part of this task. 2.2 NEPA COMPLIANCE As an HBRRP- funded project, this task assumes that the project will qualify for a Categorical Exclusion (CE) under Section 6004, 23 CFR 771 Activity c(4). Consultant anticipates that a CE with supporting technical studies will be required by Caltrans District 12 Local Assistance in order to complete the NEPA process. To support the CE, Consultant proposes to prepare a Preliminary Environmental Study (PES) Form in addition to technical documentation as described above. The PES Form, technical studies, and CE will address the project's potential environmental effects in accordance with Caltrans standards. Impacts to sensitive receptors (i.e. residential uses adjacent to the project site) will be examined. The NEPA clearance process will be a key component of the environmental process. Based upon Consultant's experience with similar projects and familiarity with the Local Assistance process and District 12, the Consultant Team will act as an extension of staff to expedite the NEPA process while preparing a defensible, thorough analysis. 2.2a Preliminary Environmental Study (PES) Form Consultant will prepare a PES Form in accordance with the Caltrans Local Assistance Procedures Manual (LAPM) environmental reporting criteria. The PES Form will provide a preliminary analysis of potential environmental impacts associated with the project and identify environmental issues that may require further detailed study. The PES Form will be submitted to the City /Caltrans for concurrence prior to the initiation of the technical study work program. Caltrans will be responsible for a determination of the appropriate scope of work for the project. A final determination regarding the range of technical studies and appropriate NEPA action cannot be made until Caltrans approves the PES Form for the project. However, based upon Consultant's experience on similar Caltrans Local Assistance projects and our knowledge of the project area, it is anticipated that a CE (with appropriate technical studies as outlined above) will apply to the project. 2.2b Categorical Exclusion On behalf of the City, Consultant will forward all supporting NEPA technical studies and preliminary engineering documentation demonstrating that significant environmental effects will not result with project implementation. This submittal will consist of a draft CE and technical study package with formal request to Caltrans for approval. As stated above, it is assumed that the project will qualify for a CE under Section 6004, 23 CFR 771 Activity c(4). September 19, 2013 Page 8 of 27 14 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.3 CEQA COMPLIANCE This task assumes that the City of Newport Beach will be the lead agency for the CEQA process, and that an Initial Study /Mitigated Negative Declaration (IS /MND) will be the appropriate form of clearance documentation. Should one or more impacts be identified as significant and unavoidable (thus necessitating the preparation of an EIR), a separate scope of work and contract modification would be required. Consultant will prepare the IS /MND in accordance with the CEQA Guidelines and the City's local implementation procedures. A detailed description of the CEQA work program is provided below. 2.3a Introduction The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Newport Beach CEQA Implementation procedures for which the proposed project is subject. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the IS /MIND format, listing of responsible and trustee agencies and documentation incorporated by reference. 2,3b Project Description The Project Description section will detail the project location, background, and history of the project, discretionary actions, characteristics, goals and objectives, construction program, phasing, agreements, and required permits and approvals that are required based on available information. This section will include a summary of the project's local environmental setting for the project. Exhibits depicting the regional and site vicinity will be included in this section. 2.3c Initial Study Checklist This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four column layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no impacts. 2.3d Environmental Analysis Consultant will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised by City Staff, Caltrans, agencies and the community, and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified Environmental Analysts, CEQA experts, and Planners at Consultant. The Environmental Analysis section will thoroughly discuss the existing conditions for each environmental issue area, and identify short-term construction and long -term operational impacts associated with the project. The impact analysis will be in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics, Agricultural and Forest Resources, Air Quality, etc.). The thresholds for significance shall be September 19, 2013 Page 9 of 27 15 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project identified for every environmental issue. A brief discussion will be provided for all environmental issues determined to be No Impact or Less Than Significant Impact, explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will provide a detailed analysis of each issue, in the same order as these issues are provided in the IS /MND. The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the Environmental Checklist. This section will review the following issues: • Aesthetics, Light and Glare. This section will incorporate the results of the Minor VIA performed as part of Task 2.1h. The analysis will thoroughly discuss the existing aesthetic environment and visual resources. Visual impacts from construction activities, as well as long -term effects (view blockage, light/glare, etc.) will be discussed and evaluated. Mitigation measures will be provided as required. • Agricultural and Forest Resources. The project area is not designated for agricultural production or forest resources, thus, the IS /MND will confirm that no impacts would occur in this regard. • Air Quality. The air quality analysis will incorporate the results of the Air Quality Report to be performed as part of Task 2.1 a. A description of existing conditions in the project area will be provided. The results of the construction - related and long -term operational air quality modeling will be incorporated into the IS /MND. Mitigation measures will be incorporated to reduce impacts on a local and regional basis (if applicable). • Biological Resources. The results of the NES described as part of Task 2.1d will be incorporated within this section. A detailed description of the project setting will be included. Analysis of the project's impacts to both terrestrial and /or marine resources will be discussed. Direct impacts (construction within the channel) and indirect impacts (lighting and /or human activity due to the bridge) will also be analyzed. Mitigation measures will be included as applicable. • Cultural Resources. The results of the HPSR /ASR will be incorporated into this section. Existing conditions in the impact area will be discussed, and the potential for disturbance of subsurface resources will be analyzed. As noted above, the existing bridge was constructed in 1930, but substantially modified in 1984 and is not eligible for the National Register. • Geology and Soils. Based upon the Geotechnical Investigations performed under Contract No. 5128, the analysis will identify existing regional and site specific geologic and soils constraints. The project will be evaluated for its potential to expose people or structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic - related ground failure (i.e., liquefaction), and landslides. Project areas potentially subject to significant grading impacts, existing topography and landform modifications, and wind /water erosion potential of the soils will be evaluated. Unstable geologic units /soils will also be evaluated. This section will also identify recommended mitigation to avoid or reduce potential impacts to the extent feasible, such as erosion control September 19, 2013 Page 10 of 27 16 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project criteria and grading requirements, to ensure consistency with City of Newport Beach grading standards /policies. Greenhouse Gas Emissions. The IS /MND will incorporate the results of the Air Quality Study described in Task 2.1 a and will include a detailed analysis of impacts in accordance with the CEQA Guide lines. The IS /MND will include an analysis of project - related GHG emissions, indirect impacts, and energy consumption. Mitigation measures to reduce impacts will be included in the IS /MND, if required. • Hazards and Hazardous Materials. Based upon the Phase I ISA described as part of Task 2.1c, the IS /MND will include a detailed analysis of impacts in accordance with the CEQA Guidelines. The IS /MND will include an analysis of potential hazards and hazardous materials and mitigation to reduce impacts, if required. • Hydrology and Water Quality. This section will include the results of the WQTM and LHS described as part of Task 2.1e and 2.1i, respectively. The section will address changes in absorption rates, drainage patterns, storm drain improvement, and downstream affects. Consultant will also evaluate water quality conditions and identify water quality (NPDES) techniques /structures in accordance with local, State and Federal requirements. The potential for the project description to degrade water quality, interfere with groundwater recharge or expose people to water related hazards will be identified. • Land Use and Planning. The proposed project will be reviewed for consistency with City standards and policies, as well as careful consideration of adjacent uses. The interface of the project with nearby uses and, in particular, the uses immediately adjacent to the site will be studied. • Mineral Resources. Analysis will note that there is no effect of the project upon mineral resources. Noise. The Noise Technical Memorandum described under Task 2.1 b will be utilized within the IS /MND. A detailed description of existing noise conditions and sensitive receptors in the project area will be provided. The results of the construction - related and long -term operational noise modeling will be included within this section. Mitigation measures will be incorporated to reduce impacts to local residential sensitive receptors. Population and Housing. Consultant will provide a project specific analysis of potential growth- inducing impacts pursuant to CEQA Guidelines Section 15126(g). The basis for analysis will be population and housing data from the City of Newport Beach, California Department of Finance, and U.S. Census. The section will consider housing conditions and projections for the area. The section will discuss ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. • Public Services. As a bridge replacement project, it is not expected to generate substantial additional demand for public services. However, the discussion will focus on the potential alteration of September 19, 2013 Page 11 of 27 17 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project existing facilities, extension or expansion of new facilities, and the increased demand on services. Consultant will evaluate the ability of the project to receive adequate service based on applicable standards and, where adequate services are not available, will identify the effects of inadequate service and recommend mitigation measures. • Recreation. As a bridge replacement project, the proposed improvements would have a limited ability to affect recreational facilities in the project area. As such, the IS /MND will confirm that no impacts would occur in this regard. Transportation and Traffic. Based on the traffic study described under Task 2.1g, Consultant will develop significance conclusions under CEQA for project - related circulation and traffic impacts. Since the project will not increase roadway capacity over the long -term, this section of the IS /MND will focus on temporary construction impacts since the bridge would be constructed in half- sections. Mitigation measures /recommendations will be included as appropriate. • Utilities. As a bridge replacement project, the project is not expected to generate substantial additional demand for utility service. However, the discussion will focus on the potential alteration of existing utilities within and /or beneath the bridge and the availability of solid waste disposal capabilities during the demolition and construction process. • Mandatory Findings of Significance. This section will focus on cumulative effects and considerations. 2.3e Initial Study Determination The determination page will conclude the appropriate action based upon the IS /MND evaluation. 2.3f Graphic Exhibits The environmental document will include up to ten (10) 8.5'x11" or 11 "x17" exhibits to enhance the written text and clarify the proposed project environmental impacts. Consultant will use state -of- the -art computer design equipment and techniques to create professional quality, black and white or full color exhibits, dividers, and covers for the environmental document and Appendices. 2.3g Administrative Draft IS /MND Consultant will submit ten (10) copies of the Administrative Draft IS /MND for review and comment by the City. Should additional copies be required, additional copies will be provided by Consultant at an additional fee. Consultant will also submit one (1) "check copy" of the final draft document, which will incorporate one complete set of comments received from the City. Changes to the draft document will be highlighted to assist the review. 2.3h Public Review Draft IS /MND With a conclusion in the IS /MND that no significant environmental effects will occur as a result of implementation of the project, a Mitigated Negative September 19, 2013 Page 12 of 27 18 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Declaration will be prepared. Following this determination, Consultant will prepare the Notice of Intent (NOI) to Adopt and the Mitigated Negative Declaration for City review. The NOI and Mitigated Negative Declaration will be attached to the IS /MND to fully explain the proposed project and its affects. Twenty (20) hard copies of the IS /MND (with appendices included in digital format), 20 compact discs containing both the IS /MND and technical appendices, one (1) camera -ready IS /MND original, and one (1) camera -ready original of the technical appendices will be provided to the City. Consultant will provide the submittal to the State Clearinghouse and additional distribution as directed by the City. Consultant will also post the NOI at the County Clerk at the onset of the public review period. 2.3i Responses to Comments Consultant will respond to comments received on the Draft IS /MND during the public review period. Consultant will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. This task includes written responses to both written and oral comments received on the Draft document (includes review of hearing transcripts, as required). The draft responses will be prepared for review by City Staff. For budgeting purposes, we have assumed a total of 16 hours to prepare the Response to Comments. Should the comments be excessive and require more than the budgeted time, this task would be revisited under a separate scope and fee. Consultant will provide ten (10) copies of the Responses to Comments for City review prior to incorporation into the final environmental document. Deliverables: Ten (10) Copies of the Draft Responses to Comments 2.3j Mitigation Monitoring and Reporting Program To comply with the Public Resources Code Section 21081.6 (AB 32180), Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through working with City staff to identify appropriate monitoring steps /procedures and in order to provide a basis for monitoring such measures during and upon project implementation. The MMRP will indicate the mitigation measure number as outlined in the IS /MND, a list of Mitigation Measures /Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency /department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. Consultant will provide fifteen (15) copies of the Mitigation Monitoring and Reporting Program to the City. 2.3k FinallS /MND Consultant will prepare a draft final document for City review and approval. The Final document will consist of the revised Draft text, as necessary to address the comments received on the Draft document. The Final document will include a purpose subsection, reference the review process, comments received, responses and any required edits /updates to the Public Review document. Also included in the final document is the MMRP in accordance with Public Resources Code Section 21081.6 (AB 3180). Five copies (5) and one (1) camera -ready original will be provided to the City. Consultant will prepare the Notice of Determination (NOD), send it to the State Clearinghouse, and file the notice at September 19, 2013 Page 13 of 27 19 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project the County Clerk's office. This scope of work assumes that the City would be responsible for the payment of any required filing fees for the California Department of Fish and Wildlife (CDFW). TASK 3 — REGULATORY AGENCY & COASTAL DEVELOPMENT PERMIT APPLICATIONS 3.1 REGULATORY PERMIT APPLICATION Consultant will concurrently prepare application packages for a U.S. Army Corps of Engineers (Corps) Section 10 Rivers and Harbors Act Permit (Letter of Permission) and a Regional Board Section 401 Water Quality Certification. Each submittal package will generally include the following key items: • Application cover letter: The letter will be on Consultant letterhead and introduce the project and define the submittal document. • Standard Agency Forms: The most recent standard forms for each agency will be utilized. An attachment may be provided so that the complete project description and necessary detail is included. A detailed project description for improvements within jurisdictional areas will also be provided (including a discussion of best management practices). • Project Exhibits: Exhibits will illustrate key project features and help clarify written text. Anticipated exhibits include: Regional Vicinity Map, Site Vicinity Map, Project Photographs, Jurisdictional Map, and Project Site Plans. • Environmental Documentation: The environmental documentation section of the application package will include the Delineation of Jurisdictional Waters Technical Memorandum, Biological Report, and CEQA Documentation. • Application Fees: The Certification filing fee pursuant to the Regional Board's 2011 Fee Schedule (fees based on total project impacts) will be provided by the Client. This task includes one round of internal revisions. The deliverable for this task includes a draft (1 copy of each application) and final (1 copy of each application) for the City's file. One copy of each final application will also be formally submitted in a 3 -ring binder to the regulatory agencies. 3.2 REGULATORY PERMIT APPROVAL PROCESSING Consultant shall provide regulatory services for the processing of the regulatory applications through the Corps and Regional Board. The processing shall include required correspondence or telephone calls between the reviewing staff related to the permit or points of clarification and coordination with the biological consultant, if necessary. This task includes consultation with National Oceanic and Atmospheric Administration (NOAA) Fisheries. Typically agency comments are responded to via email; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments per each application package. This task includes the preparation of permit tracking logs for the Client throughout the permit process. Three (3) Permit Summary Reports will be submitted to the client once the agency approvals are obtained. This task will be billed on a time and materials basis. September 19, 2013 Page 14 of 27 20 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Should additional time for processing be required, the client will be notified and work will continue on an approved contract augmentation. 3.3 COASTAL DEVELOPMENT PERMIT APPLICATION The proposed project is located within the California Coastal Zone and is therefore subject to the California Coastal Act. Per the Act, the proposed improvements qualify as a "Project" and would therefore be required to obtain a Coastal Development Permit (CDP). Consultant will assist the City in preparing the CDP application and processing the application through the California Coastal Commission (CCC). Consultant will prepare a submittal package for a CDP from the CCC. The submittal package is anticipated to include: a) Standard Permit Application; b) Appendix A: Declaration of Campaign Contributions; c) Appendix B: Local Agency Review Form; d) Appendix C: Mailing Labels (properties within 100' of project boundaries); e) Appendix D: Declaration of Posting; f) Project Site Maps; g) CEQA Documentation/Technical Studies (provided as part of Task 1); and h) Stamped /addressed mailing envelopes. Item h), stamped /addressed mailing envelopes, includes the preparation of mailing labels and envelopes for the CCC's mandatory public review /hearing mailing. This task assumes up to fifty mailing addresses. Additional envelopes can be prepared under a contract augmentation and City approval. 3.4 COASTAL DEVELOPMENT PERMIT PROCESSING Consultant will provide regulatory services for the processing of the CDP application through the CCC. The City does not have a certified LCP, and therefore, does not have authorization to issue Coastal Development Permits (CDP). The City does, however, have a Coastal Land Use Plan that has been certified by the California Coastal Commission. Consultant will submit to the City a pending development project package for the City's consistency review with the General Plan, Coastal Land Use Plan and Zoning regulations. Once that review has occurred and been determined to be in compliance Consultant will file for a coastal development permit with the Coastal Commission. The processing shall include required correspondence or telephone calls between the CCC reviewing staff related to the permit or points of clarification and coordination. This item includes up to two (2) meetings with the reviewing staff of the resource agencies during the application review process. A local LA, Orange, or San Diego County coastal hearing is counted as one of the two meetings. This task includes the preparation of three (3) formal responses to comment packages; additional responses can be provided under contract augmentation and City approval. September 19, 2013 Page 15 of 27 21 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project In the event additional funds are necessary the Consultant will address those funds necessary to proceed with the Client. Budget for this task will not be exceeded without express authorization from the Client. TASK 3 EXCLUSIONS: 1. Preparation of a Habitat Mitigation & Monitoring Plan (HMMP). 2. Fees associated with or required by the subject regulatory applications. 3. Permit Condition Compliance TASK 4— FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATE (PS &E) This scope of work is for final design bridge replacement and roadway improvements and will incorporate the following assumptions: • The limits of the Park Avenue bridge replacement and roadway improvements are from approximately Marine Avenue intersection to the Abalone Avenue intersection. • The Park Avenue Bridge will be replaced in three stages allowing for traffic across the Grand Canal through construction. A temporary traffic signal system will be necessary to control one -way traffic across the bridge during stage construction. Bicycle and pedestrian traffic will be accommodated during construction. • PCC pavement approaches will be removed and replaced, as required, to accommodate relocation of underground utilities. • Concrete sidewalks and ramps will be removed and replaced to accommodate the new bridge structure and comply with ADA design standards. • The existing landscape and irrigation improvements will be removed and replaced in kind. The existing monument sign structure will be replaced. • Alleys that intersection Park Avenue within the project limits will only be modified to tie into the revised profile of Park Avenue. • All active utilities will remain in use through the construction of the project. Temporary relocation of utilities may be necessary to facilitate bridge removal and reconstruction. • This scope of work does not include the acquisition of any form of right of way, private or public, temporary or permanent. • A Geometric Concept Plan will be developed to illustrate final geometric modifications and final lane widths. This Geometric Concept Plan will require final City concurrence prior to initiation of the final plans, specifications, and estimates. • Concept Stage Construction and Traffic Handling Plans will be developed to illustrate the 3 -stage construction alternative. The Concept Stage Construction and Traffic Handling Plans will require final City concurrence prior to initiation of the final plans, specifications, and estimates. • The scope of work is based upon the conceptual bridge replacement plans prepared by RBF Consulting, in coordination with the City of Newport Beach, during the Preliminary Engineering phase for this project. 4.1 RESEARCH/ INVESTIGATION/ BASE DATA REVIEW Upon notice to proceed, Consultant will research additional existing improvement plans, studies, record data, survey ties and notes, utilities, and other information relevant to the Project and within and adjacent to the project limits to supplement information obtained during the Project Geometric Approval phase. Consultant is responsible for conducting research at the City, County, utility companies and September 19, 2013 Page 16 of 27 22 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project maintaining current information throughout the Project. Consultant will review any additional existing drainage improvement drawings and master plans for local drainage facilities. 4.2 DESIGN SURVEY & RECORD BASE MAPPING Design Survey: Horizontal and vertical control will be established along Park Avenue from Marine Avenue to Abalone Avenue. Initial topography will be collected from building face to building face along Park Avenue and across the existing bridge deck. Topography along the Boardwalks will be collected for about 50 feet from Park Avenue Right of Way. Depending on accessibility alley flow line elevations will be collected for about 200' from Park Avenue right of Way. After topographic mapping is evaluated with design criteria, topographic surveys may be continued along alleys and boardwalks. The initial survey will require 3 days and additional surveys may require 2 -3 days. Unless otherwise directed by the City, the basis of horizontal control will be North American Datum of 1983 (NAD 83), Zone 6, Epoch 2007, as published by the Orange County Surveyor. Coordinates will be expressed as grid values in terms of the U.S. survey foot. Unless otherwise directed by the City, the basis of vertical control will be the North American Vertical Datum of 1988 (NAVD 88) as published by the Orange County Surveyor. Field surveys will include obtaining locations, elevations and descriptions of topographic data from Right -of -Way to Right -of -Way. Topographic data collection will consist of locating the following items: • Curb, gutter, sidewalks and driveways. • Pavement areas including streets and asphalt berms. • Cross- section data on maximum 50' intervals. • Power poles, streetlights and traffic signals, and major signs. • Trees and major specimen plants, with trunk diameters greater than 6 ", including drip lines. • Above ground piping and structures. • Existing utilities including valves, pull boxes, meters, and vaults. • Storm drain and sewer structures and manholes, including rim and inverts. • Fences and Walls, building faces. • All major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks and natural ground. • Spot elevations at critical locations. All field topography shall be collected electronically for data processing. Consultant shall data process all topography in AutoCAD 2009 format. Deliverables will include an AutoCAD file compile at a scale of 1 " =20' with 1 foot contours and a hard copy plot of the topography. The finished topographic map shall include the basis of horizontal and vertical control, North arrow, date -of- survey. Record Base Mapping: Consultant will conduct research at the County of Orange to obtain recent recorded maps and surveys pertaining to the existing streets right -of -way, alleys and lot lines within the project reach. A record land net base will be calculated from these records and geo- referenced to the project control September 19, 2013 Page 17 of 27 23 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project network. If determined by project design constraints that further survey is required to establish lot lines on the ground, then a separate task authorization will be prepared defining the additional scope of work and fee. 4.3 UTILITY COORDINATION Consultant is responsible for verification of the utility facilities that were identified during the Preliminary Engineering phase of the Park Avenue bridge replacement project. Consultant will prepare Utility Location Plans and develop a utility conflict matrix identifying all conflicts with the project. The utility conflict matrix will be provided to the City. Consultant will coordinate and work closely with the City and the anticipated involved utility companies (Southern California Edison (SCE), Time Warner Cable (TWC), and Southern California Gas Company (SCGC) to determine the need to relocate impacted lines. Consultant will coordinate and attend up to eight project coordination meetings; assuming two with each utility owner. It is assumed the utility companies (SCGC, SCE and TWC) will perform relocation design (interim /permanent) for their own facilities. Consultant will prepare the relocation design for the City owned facilities (water and street lighting). Consultant is responsible for coordinating electrical service points of connection with the SCE. Plans for any extension of utility service facilities up to the designated service point of connection will be prepared by the utility company. An allowance has been provided to perform eight potholes of existing utilities, and prepare and distribute utility base maps to affected utilities. Pothole locations shall be approved by the City prior to potholing. A pothole location map will be prepared summarizing the planned pothole locations. A utility relocation feasibility study will be prepared to evaluate existing systems and optimize relocations. Consultant will prepare utility record drawing request letters under City letterhead for City to mail to utility owners. If utilities are required to be relocated, City and utility owners will provide the prior rights determination. It is assumed the City will also prepare a Utility Relocation Agreement (URA) and Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA) for each prior right utility relocation within City right -of -way, as applicable. The City will also be responsible for all negotiations with the utility companies for cost responsibility, notices to relocate and processing the URA's for approval. URA's will also be prepared by the City for non -prior rights utility relocations. 4.4 GEOTECHNICAL ENGINEERING Geotechnical engineering services will be provided by Earth Mechanics, Inc. (EMI). Based on the conceptual bridge replacement plans prepared during the Preliminary Engineering phase, the new bridge will consist of 3 spans with a length of about 100 feet. The two piers inside the canal will be supported on 24- inch Cast -in- Drilled -Hole (CIDH) pile extensions, and the abutments will be founded on the same pile type connected to a pile cap. It is anticipated that the liquefaction potential of the onsite soils to be high. The near - surface soils are also anticipated to be highly compressible. The liquefiable September 19, 2013 Page 18 of 27 24 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project and compressible soils will require additional foundation design efforts as compared to a similar bridge founded on competent soils. Geotechnical Field Investigation: The proposed field investigation includes the following: Design Element No. of Approx. Boring Borings Depth Bridge Abutments 2 70 feet Bridge Access Ramp Retaining 2 25 feet Walls To limit cost, soil borings will not be performed inside the canal for the two piers; the two abutment borings will be used to interpolate for subsurface condition at the two piers. The borings will be drilled at the approach with traffic control. Boreholes will be excavated using a hollow -stem auger drill rig. Spoils will be mixed with cement for backfilling the boreholes. Asphalt concrete cold -patch or quick -set Portland cement concrete will be used to replace paving that will be removed to conduct the borehole drilling. Positions and ground surface elevations at the boring will be surveyed by others, if required. EMI will prepare a borehole location plan. This plan will be provided to the City and RBF, prior to the field investigation, for the purpose of securing the required encroachment permits. EMI will secure a permit from the City of Newport Beach. EMI field personnel will collect soil samples for laboratory testing at a vertical interval of 5 feet or 10 feet. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EMI laboratory. Traffic control will be established in accordance with the Work Area Traffic Control Handbook. Laboratory Testing: EMI will select representative soil samples for laboratory testing. Various laboratory tests will be performed to determine or derive physical and engineering characteristics of soils. The anticipated laboratory soil tests include: in -place moisture and density, Passing #200 Sieve, Atterberg Limits, direct shear, unconsolidated - undrained triaxial, consolidation, R -value and soil corrosion tests. Tests will be conducted in general accordance with California Test (CT) methods or American Society for Testing and Materials (ASTM) standards. Geotechnical Engineering Analyses: Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create an idealized profile for design purposes. The following analyses will be performed for the project: • Determine an AIRS curve using the Caltrans online web -based tool, Version 2. • Evaluate liquefaction potential and seismically- induced settlement. • Evaluate liquefaction induced lateral spreading at the approaches. • Determine axial capacity. • Provide lateral pile resistance or LPILE input parameters for the CIDH piles. September 19, 2013 Page 19 of 27 25 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project • Provide spread footing design data for retaining walls. • Evaluate soil corrosivity. • Calculate flexible pavement structural sections at the approaches. Report Preparation: EMI will prepare a Foundation Report. The format of this report will generally follow Caltrans Guidelines for Structure Foundation Reports dated December 2009. If necessary, we will also prepare a short technical memo for bridge type selection. Assumptions:. Hours and costs are based on the scope of work described herein and the assumptions listed below: • Allowable period for travel lane and shoulder closures (for field investigation operations) is 9:00 am to 4:00 pm daily. • No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, EMI will terminate our work and notify you. • There is no permit fee. • Canal work is limited to global stability assessment of channel slopes below the bridge soffit. • Retaining walls are cantilevered walls on spread footings. • There is no Caltrans review of the foundation report. 4.5 HYDROLOGY & HYDRAULICS REPORT Consultant shall provide engineering services for the drainage design for the Park Avenue Bridge and will consist of preparation of a Hydrology & Hydraulics Report. The Hydrology approach will be comparison calculations of the existing and proposed hydrologic conditions and flow patterns for the areas of local streets subject to street improvements. The hydrology calculations will form the basis of design for the hydraulic analysis of existing catch basins and street flooded widths impacted by the street improvements, and for the and sizing of the replacement catch basin facilities. The study area for the hydrology analysis will be limited to the surface water runoff directly tributary to the street improvements. Consultant will prepare a drainage report to address the existing drainage condition and the proposed design. This report shall consider the hydrology for each existing inlet at all four quadrants of the Park Avenue Bridge, but shall not address the capacity or interception of neighboring drainage systems. Total watershed area tributary to the existing site storm drain systems is not expected to change as a result of the project, and a new offsite hydrology analysis is excluded from this work. Existing neighboring drainage systems are assumed to provide an adequate level of protection, and run -on flows from existing systems will not be considered. Deficiency upgrades of the existing on -site drainage systems within the right of way that are physically impacted as a result of the bridge improvements are included in the scope of work. Deficiencies due to other reasons will be presented for a policy decision by the City to incorporate into the project design and construction with scope and fee negotiated accordingly. Flooded width on the Bridge and Bridge approaches will be verified using normal depth. Deck Drains are not anticipated on the Park Avenue Bridge. Street normal depth and catch basin interception calculations will be prepared using the results of the hydrology study to compare the existing and proposed condition. This comparison will be used to demonstrate that the City's existing September 19, 2013 Page 20 of 27 26 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project street flooded width and flood protection levels are maintained. A range of tidal elevations such as Mean Higher High Water (MHHW), Diurnal Tide Level (DTL), and Mean Sea Level (MSL) will be used to evaluate the hydraulic performance of the storm drain systems during the design storm event. Selection of the hydraulic control and design storm event will be made with the cooperation and guidance of the City. Storm surge will not be considered in the canal. The capacity and hydraulic grade lines for the mainline storm drains will be evaluated using a standard step hydraulics model such as WSPG. 4.6 WATER QUALITY MANAGEMENT PLAN A Water Quality Management Plan (WQMP) for the project improvements will be developed with input from the City. The WQMP will be prepared per the requirements and standard template provided by the City. The WQMP will be consistent with the requirements of the current Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). 4.7 GEOMETRIC CONCEPT PLAN Consultant will develop a Geometric Concept Plan that will. illustrate final geometric modifications, lane widths and vertical profile. This Geometric Concept Plan will require final City concurrence prior to initiation of the final plans, specifications, and estimate. 4.8 STREET IMPROVEMENT PLANS The Consultant shall prepare the following roadway improvement plans, and the plans will include the design and profiling of all parkway curbs and roadway centerlines. All plan types shall be completed in conformance with the latest available design, drafting, policy and procedure manuals of the City of Newport Beach. Plans will be submitted as follows: • 35% (Preliminary Design to City) — 11x17 bond of roadway typical section and layout • 65 %— 11x17 bond • 95 %— 11x17 bond • 100% (Final to City) — 11x17 bond and 2436 bond September 19, 2013 Page 21 of 27 27 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The following is a listing of plan sheets with corresponding English scale: Task Plan English 4.8a Title Sheet Varies 4.8b General Notes /Construction Notes Varies 4.8c Typical Cross Sections Varies 4.8d Construction Details Varies 4.8e Key Map Varies 4.8f Plan and Profile Sheets 1" = 20' 4.8g Storm Drain Plans, Profiles, and Detail Sheets Varies 4.8h Stage Construction and Traffic Handling Plans Varies 4.8i Signing and Striping Plans Varies 4.8j Street Light Plans 1" = 40' 4.8k Retaining Wall Plans 1" = 20' 4.81 Landscape and Irrigation Plans 1" = 40' 4.8m Erosion Control Plans 1" = 40' Note that the professional fees established for the various types of plans are based on the following: All plan types for all phases will be prepared in City of Newport Beach plan format on City of Newport Beach plan sheets. All plans will be processed through the City of Newport Beach. The existing off -site drainage patterns will be maintained and conveyed. No interim drainage systems are assumed to be required to maintain existing drainage patterns in order to facilitate the construction of the roadway improvements. All ultimate /permanent drainage systems will be shown on the storm drain plans. This task specifically excludes maintenance agreements, environmental permits and documentation, flood plain revisions, and CLOMR /LOMR processing. Drainage plans, profiles, and quantities based on the drainage report. The drainage plans will be prepared in accordance with City of Newport Beach Standards and Plans and supplemented with Orange County Public Works (OCPW) Standards, Plans, and Manuals (Hydrology, Local Drainage, and Flood Control Design Manuals). The scope of the drainage plans is based on replacing, rehabilitating, and reconstructing the four existing storm drain inlets and pipe outlets. Replacement pipe outlets into the canal are anticipated where the bridge abutment construction will conflict with the existing outlets. No additional outlets are to be provided. Four (4) outlets are included in this scope of work. Energy dissipation such as rip rap or concrete energy dissipaters are not currently present and will not be designed as part of this September 19, 2013 Page 22 of 27 28 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project project. Pipe outlets will terminate at the existing location wherever possible, and not be extended further into the channel. Where the pipe outlets may be protected, and the pipe is deemed sound, the pipe outlet will be preserved. Replacement of the existing manual flood gates in -kind or with automatic valves (i.e. Tideflex®) will be evaluated with city staff. Treatment BMP facilities as identified the WQMP (described elsewhere) will be incorporated within the Drainage plans to the Maximum Extent Practicable. The consultant understands that storm drain systems are owned and maintained by the City of Newport Beach. Transfer of the storm drain to OCPW, or processing these improvements through outside agencies such as OCPW Property Permits or the US Army Corps of Engineers is an optional service that is not currently included in the fees associated with this task. Preparation of a SWPPP and Temporary Water Pollution Control Plans and activities associated the latest General Construction Permit are not included in this task. Roadway Erosion Control Plan will be for illustrative purposes only and will not be submitted as a part of the roadway improvements plan set. The roadway erosion control plan will be a part of the bid specifications and will be a part of the overall Master SWPPP by the City of Newport Beach. No separate SWPPP specified for the roadway improvements is included in this scope. • Existing utilities will be shown on the plans per information obtained through existing as- built/record drawings as provided by the utility companies and the City of Newport Beach. • All roadway edge grading will be coordinated with and join adjacent existing improvements. The existing grade /surface condition is expected to be the base roadway elevation for the new roadway design. • No rehabilitative roadway grinding and overlay of existing roadway surfaces is assumed to be included in the scope of work. • Streetlights shall be shown per City standard and located on separate plan sheets. All electrical conduit plans and electrical load calculations will be prepared and coordinated with the City's Utility Services Department. One (1) concept level stage construction and traffic handling plans will be prepared for the replacement of Park Avenue Bridge. The concept will be based upon the 3 -stage construction alternative developed during the Preliminary Engineering phase. The first stage of construction consists of replacing existing half of bridge and maintaining one lane traffic lane during the construction. The second stage will consist of shifting the traffic to the newly constructed bridge and replace the remaining half of the bridge. This concept will require either flagging operation or temporary traffic signal for the entire duration of the construction. All stage construction and traffic handling will be developed per the requirements of the City of Newport Beach, Caltrans, and M.U.T.C.D. Standards. • Consultant will prepare 1 " =20' scale retaining wall plans for standard Caltrans Type 1 retaining walls. A total of 400 feet of standard Type 1 walls retaining September 19, 2013 Page 23 of 27 29 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project are anticipated. Nonstandard retaining walls not included in this scope of work. • The following plans and reports will not be required as a part of this task: • Demolition and Removal Plans • Construction Staking and Survey Control Plans • Utility Relocation Plans • Roadway Cross Sections 4.9 BRIDGE REPLACEMENT PLANS Bridge Advance Planning Study: Consultant will prepare an Advance Planning Study (APS) in support of the Environmental Document/Project Study Report to develop a feasible structure type and cost considering the existing bridge, roadway and other conditions for the bridge widening. The APS will investigate and determine the structure length, width and type, span lengths, structure depth, railing types, including temporary rails, pier locations and types of footing supports, vertical and horizontal clearances, location and slopes of cuts and fills, slope protection, approach slabs, and stage construction. Consultant will coordinate with roadway engineer on roadway issues, the hydraulics engineer for hydraulic studies, and the geotechnical engineer for bridge foundations. The APS will consist of one plan sheet showing the basic bridge plan, elevation, profile, typical section, and estimated cost summary in accordance with guidelines set forth in Caltrans Memo to Designers 1 -8 and State Local Assistance Procedures Manual and Local Assistance Program Guidelines. The APS will include a Design Memo summarizing all the critical assumptions of the design. Bridge Type Selection: Consultant will perform a Bridge Type Selection Study on the preferred structure type brought forward from the Bridge Advance Planning Study. The Consultant will update the APS and perform preliminary calculations to determine the substructure dimensions and foundations, modifications and retrofit of the existing bridge. Consultant will then prepare a Bridge Type Selection Report consisting of a Bridge Type Selection Recommendation making note of all critical assumptions of the design, Bridge General Plan, preliminary construction cost estimate, preliminary hydraulics report and preliminary foundation report. The General Plan will present plan, elevation and cross - sectional views of the selected bridge type. The Bridge Type Selection Report will be submitted to the Client for review and authorization to begin final design of the bridge. 65% PS &E: Upon receipt of the City's written approval of the selected bridge type, Consultant will prepare the 65 percent plans (unchecked details). All structure design calculations and plans will conform to Caltrans and any Client requirements and will be submitted for review by the client. The bridge will be designed by a California- registered civil engineer in accordance with the applicable provisions of the following manuals: • Caltrans Bridge Design Specifications (LRFD); • Caltrans Seismic Design Criteria (SDC); • Caltrans Bridge Memos to Designers; and • Caltrans Bridge Design Aids; September 19, 2013 Page 24 of 27 30 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The level of effort is based on the baseline Concrete Precast/Prestressed girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. A set of draft plans (unchecked details) will be prepared in AutoCAD 2010 in accordance with the applicable provisions of the following Caltrans manuals and in conformance with any Client requirements: • Caltrans Bridge Design Details; • Caltrans Plans Preparation Manual; and • Caltrans Plans, Specifications, and Estimates (PS &E) Guide Assumed baseline alternative is a Precast/Prestressed box girder bridge. The following bridge plan sheets are anticipated: • General Plan — 1 sheet • Index to Plans — 1 sheet • Concrete Removal — 1 sheet • Foundation Plan — 1 sheet • Abutment Layout & Details — 4 sheets • Pier Layout — 3 sheets • Pier Details — 3 sheets • Typical Section — 1 sheet • Girder Layout— 1 sheets • Girder Details — 4 sheets • Joint Details — 1 sheet • Barrier Details — 2 sheet • Utility Details — 3 sheets • Miscellaneous Details — 2 sheets • Caltrans XS Details — 3 sheets • Log of Test Borings (by others) A complete bound set of design calculations will be prepared and submitted to the Client for review. Bridge Independent Check: A California- registered RBF civil engineer who is not directly involved in the initial design of the structure will independently check the bridge design. The independent check will be performed in accordance with the applicable design criteria and will include generating independent check design calculations and review of the plans and special provisions. This also includes a QA/QC review of the plans and specifications by a senior bridge engineer. Any significant differences between the initial design and the independent check will be resolved between the two licensed engineers until substantial agreement on the final design is achieved. Any required changes will be made to the design and construction documents. The level of effort is based on the baseline Precast/Prestressed girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. September 19, 2013 Page 25 of 27 31 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 95 % PS &E: RBF shall prepare 95 percent PS &E for review and approval of the City. The 95 percent PS &E shall include 65 percent PS &E updated in response to comments from the City and the bridge independent check. The Special Provisions for the roadway and bridge will be based upon Caltrans Standard Special Provisions (SSP's). Consultant will prepare technical Special Provisions for bidding to be included by the client in their bid documents. It is understood the Client will incorporate the Caltrans Standard Specifications and project SSP's into their bid documents (i.e. Notice to Contractors, Instructions to Bidders, Contractor Forms, etc.) and coordinate the specifications with any other non - bridge bid items. The Consultant will prepare itemized quantity take -off calculations and a construction cost estimate for the bridge and roadway construction. 100% PS &E: Following the reviews by the City, agreed -upon revisions shall be made to the 95% PS &E. The specifications, half -size plans, and other bid documents will be submitted to the City for final approval. Final PS &E: After receipt of final approval, an original set of stamped and signed plans and an engineer's estimate will be submitted to the City for its use in developing bid documents and soliciting construction bids. The Consultant shall provide the quantity calculations to the City for use in administering the contract. 4.10 WATER RELOCATION PLANS Consultant will prepare improvement plans for the domestic waterline relocation. It is assumed that the waterline improvement plans will be included as a part of the City's plan set (for the bridge and roadway design), utilizing the City's CADD border. The pipeline will be designed to meet the design standards and requirements of the City of Newport Beach. It is anticipated that two plan sheets will be required, a plan and profile sheet (1 "= 40' H, 1 "= 8' V scale), and a detail sheet. Consultant shall submit the 65 %, 95% and 100% complete drawings to the City for review. Consultant will incorporate the necessary comments for a final approval. 4.11 TECHNICAL SPECIFICATIONS & BIDDING PHASE/CONTRACT DOCUMENTS Consultant shall develop technical specifications as special provisions in conformance with City's format. This scope of work shall include the preparation of the technical specifications as referenced to the latest edition of the "Greenbook" Standard Specifications for Public Works Construction. Consultant shall develop contract documents in conformance with City's format. The City will provide a standard bid /contract document template for use in preparing the final project bid /contract documents, and the City will provide all regulatory and agency permits and reference materials to be included in the City's standard contract documents. 4.12 COST ESTIMATE Consultant will prepare a final estimate of construction quantities and costs based upon the approved final drawings utilizing the current edition of the Caltrans Contract Cost Data book and recent construction bid information. The September 19, 2013 Page 26 of 27 32 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project specific construction items will be verified with contractors and up -to -date construction management cost data to account for current cost increases and material cost trends. The final detailed engineer's estimate of the project costs will be structured per City format. 4.13 PLAN CHECK REVISIONS /APPROVALS /LOCAL AGENCY PERMITS Consultant will process the completed plans for the purpose of securing appropriate approvals and permits from the City as required. Submittals to agencies shall include all plans and required backup data for review. Consultant will receive written comments from all participating agencies and review with City. Consultant will draft a response to all agency comments at one time. Consultant will then meet collectively with all participating agencies to resolve outstanding issues relative to agency comments. Consultant will then prepare final dispositions for each review comment for submittal to the Agencies. Consultant will make revisions to PS &E documents following plan check for second plan check submittal and provide final revised quantity take -offs and cost estimates. When revisions have been made, Consultant will obtain signatures and provide the requested number of stamped plans to the City. TASK 4 SCOPE ASSUMPTIONS: 1. No aerial topography is included in this scope of work. 2. A Traffic Management Plan (TMP) is not anticipated for this project. 3. Phase II hazardous waste assessments and implementation of environmental mitigation measures are not included in this scope of work. 4. No new fire hydrants shall be assumed to be required for this scope of work. 5. No soundwall plans are included in this scope of work. 6. The City shall contract separately with a right -of -way agent to facilitate right - of -way appraisal and acquisition, if required. 7. Boundary and centerline surveys and right -of -way monumentation after construction are not a part of this scope. TASK 5 — CONSTRUCTION SUPPORT 5.1 CONSTRUCTION BIDDING PHASE SUPPORT Consultant will provide construction bidding phase support services during the contract advertising period. Consultant will attend one (1) pre -bid meeting and develop contract documents in conformance with City's format. This task shall include the preparation of three (3) project limit exhibits on 8 1/2 x 11 page size format. Preparation of a response to bidder questions and preparation of one (1) addendum document is included in this scope. City shall provide required permits and reference materials to be included in the standard contract documents. September 19, 2013 Page 27 of 27 33 of 40 :l: 4001"Ill 11,111 Ili RBF CONSULTING Page B -1 34 of 40 {acEmExi EUylaoxn�EMµ4FlxaL OE51Gx FFPNCF4 mmmmmmmmmmmmmim EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 . covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented RBF CONSULTING Page C -1 36 of 40 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributor/. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this RBF CONSULTING Page C -2 37 of 40 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change, If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance, under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RBF CONSULTING Page C -3 38 of 40 . Park Avenue over Grand Canal Bridge Replacement Project PROJECT SCHEDULE CONSULTING A Z= Companv 2013 2014 2015 2016 SFP GET to w JAN FEB MAR APR MAY JUN IUL AUG SEP 0R Nw DEC IAN a MAR APR MAY JUN IUL AUG 59 0R M DH IAN FEB M111 APR BAY JUN JUL AUG SEP OR M DEC MF nthan3nental DYLYLrIMt w 0 o_ A O Coastal Commission / Regulatory Approval ♦ Submit Coastal Commission Application ♦ 35% Submittal ♦ Coastal Commission Hearing 65% Submittal 95% Submittal ♦ 100% Submittal Cdvontract ertise, Award Administer ONE WAY TRAFFIC OVER GRAND CANAL QV V� A f 8041, Vf" Park 0 O` v� rp 1%, OR kll ;:i;7"10NTORy ORF ASrNWyt BAYS10E 0R Attachment B BpNN�E OppNF � k 00(Ay�'L BALBOA /SZ 2 �,A, cR�ulfN SAY �Nt A; LEYN "40 Z PARK AVE BALBOA ISLAND Cy,q NNEL Penin,uh P..k PARK AVENUE BRIDGE REPLACEMENT PROJECT 2 Z Z m r D CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -5128 40 of 40