HomeMy WebLinkAboutC-8020-4 - PSA for Environmental Services for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project, Amendment No. 1-5S�
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AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT
I WITH CHAMBERS GROUP, INC. FOR
U ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVE PEDESTRIAN AND
BICYCLE BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY
WIDENING AND PEDESTRIAN BRIDGE PROJECT
THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Five") is made and entered into as of this 29th day of April, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a
California corporation ("Consultant"), whose address is 3151 Airway Ave., Suite F208,
Costa Mesa, CA 92626, and is made with reference to the following:
RECITALS
A. On May 1, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide professional environmental
services and support for the Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project ("Project").
B. On September 10, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and
approving the submittal of a funding application ("Application") for an intersection
capacity enhancement project to the Orange County Transportation Authority
("OCTA") for funding under the Comprehensive Transportation Funding Program.
D. On May 11, 2020, OCTA approved the City's Application, in which the City will
receive funds to conduct environmental review and design services for the West
Coast Highway Widening and Pedestrian Bridge Project.
E. On August 25, 2020, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services to include the
West Coast Highway Widening and Pedestrian Bridge Project (hereinafter
collectively referred to as the "Project") not included in the Agreement, as
amended, to increase the total compensation, update the Claims section, include
Prevailing Wage language, and update Insurance requirements.
F. On March 17, 2021, City and Consultant entered into Amendment No. Three to the
Agreement to reflect additional Services not included in the Agreement, as
amended, to increase the total compensation, update the Project Manager section,
and update Insurance requirements.
G. On November 29, 2022, City and Consultant entered into Amendment No. Four to
reflect additional Services, not included in the Agreement, as amended, to increase
the total compensation, update the Project Manager section, amend the
Ownership of Documents section, and include Opinion of Cost language.
Chambers Group, Inc. Page 1
H. The parties desire to enter into this Amendment No. Five to extend the term of the
Agreement to April 30, 2024, and to update the Notices section.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2024, unless terminated earlier as set forth herein."
2. NOTICES
Section 25.3 of the Agreement is amended in its entirety and replaced with the
following:
"25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Mike McEntree
Chambers Group, Inc.
3151 Airway Ave., Suite F208
Costa Mesa, CA 92626"
3. 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]
Chambers Group, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6/� Z 9
By: (�t
A4jon C. Harp
City Attorney o�
ATTEST:
Date: 71131 2Qa_
►t�1'l// .11�1/tl/
:.
City Clerk
CITY OF NEWPORT BEACH,
a California m icipal corporation
Date: 111ZO 2-- 3
By:
ac .Leung
Manager
CONSULTANT: Chambers Group, Inc., a
California corporation
Date:
Signed in Counterpart
By:
Alex Gurrola
Chief Executive Officer/
Chief Financial Officer
[END OF SIGNATURES]
Chambers Group, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 61i2
By:
A on C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Chambers Group, Inc. , a
California corporation
Date:'
BY 4�
Alex Gurro a
Chief Executive Officer/
Chief Financial Officer
[END OF SIGNATURES]
Chambers Group, Inc. Page 3
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH CHAMBERS GROUP, INC. FOR
ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY
WIDENING AND PEDESTRIAN BRIDGE PROJECT
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 29th day of November, 2022
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a
California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750,
Santa Ana, CA 92707, and is made with reference to the following:
RECITALS
A. On May 1, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide professional environmental
services and support for the Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project ("Project").
B. On September 10, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and
approving the submittal of a funding application ("Application") for an intersection
capacity enhancement project tot eh Orange County Transportation Authority
("OCTA") for funding under the Comprehensive Transportation Funding Program.
D. On May 11, 2020, OCTA approved the City's Application, in which the City will
receive funds to conduct environmental review and design services for the West
Coast Highway Widening and Pedestrian Bridge Project.
E. On August 25, 2020, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services to include the
West Coast Highway Widening and Pedestrian Bridge Project (hereinafter
collectively referred to as the "Project") not included in the Agreement, as
amended, to increase the total compensation, update the Claims section, include
Prevailing Wage language, and update Insurance requirements.
F. On March 17, 2021, City and Consultant entered into Amendment No. Three to the
Agreement to reflect additional Services not included in the Agreement, as
amended, to increase the total compensation, update the Project Manager section,
and update Insurance requirements.
G. The parties desire to enter into this Amendment No. Four to reflect additional
Services, not included in the Agreement, as amended, to increase the total
compensation, update the Project Manager section, amend the Ownership of
Documents section, and include Opinion of Cost language.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as ExhibitA-4 and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A-2 to
Amendment No. Two, Exhibit A-3, and Exhibit A-4 to this Amendment No. Four shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B-4 and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, as amended by Amendment No. One,
Exhibit B-2 to Amendment No. Two, Exhibit B-3 to Amendment No. Three, and Exhibit B-
4 to this Amendment No. Four shall collectively be known as "Exhibit B."
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 and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred Twenty Eight
Thousand Two Hundred Seventy Nine Dollars and 00/100 ($628,279.00), 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. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred Twenty Thousand Four Hundred Seven Dollars and 00/100 ($220,407.00).
3. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following: "Consultant shall designate a Project Manager, who shall coordinate all phases
of the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Mike McEntree to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel."
Chambers Group, Inc. Page 2
4. OWNERSHIP OF DOCUMENTS
Section 17 of the Agreement is amended in its entirety and replaced with the
following:
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project."
Chambers Group, Inc. Page 3
5. OPINION OF COST
Section 31 shall be added to the Agreement as follows:
"Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City."
6. 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]
Chambers Group, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO EY'S OFFICE
Date: Z,?Z
By: A4Q' )
,Ifar)on'C. Harp
Ci y Attorney
ATTEST:
Date: /0120M22_
A& -
By: 4541W,
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 12- Iq • 1a
By:
ac K. Leung
Manager
CONSULTANT: Chambers Group, Inc., a
California corporation
Date:
Signed in Counterpart
By:
Mike McEntree
President/Director
Date:
Signed in Counterpart
By:
Alex Gurrola
Chief Financial Officer /
Chief Executive Officer
[END OF SIGNATURES]
Exhibit A-4 — Scope of Services
Exhibit B-4 — Schedule of Billing Rates
Chambers Group, Inc. Page 5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: l 2 / 2./Z Z
By:A'L
ron C. Harp
ity Attorney
ATTEST:
Date:
LIM
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Chambers Group, Inc., a
Californi i ation
Date: ,� �f � I� L"
By: Vv
Mike cl
I
Da
By:
Alex (3urrola
Chief Financial Officer /
Chief Executive Officer
nt
[END OF SIGNATURES]
Exhibit A-4 — Scope of Services
Exhibit B-4 — Schedule of Billing Rates
Chambers Group, Inc. Page 5
EXHIBIT A-4
SCOPE OF SERVICES
Chambers Group, Inc. Page A-1
EXHIBIT A-4
SCOPE OF SERVICES
Amendment No. 4
Environmental Services for the Superior Avenue Pedestrian & Bicycle Bridge and Parking Lot And
West Coast Highway Widening and Pedestrian Bridge Project
Consultant shall accomplish the scope of work as described below for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot Project:
Scope of Work
Task 18: Biological Resource Mitigation, Monitoring, and Reporting
The following tasks are intended to satisfy the Project's MMRP, mitigation measures (MMs) 810-1, BIO-4, and
1310-5, and Special Condition number 19 of the Project's CDP.
Task 18A: Pre -Construction Nesting Bird Surveys
If Project -related activities are scheduled to occur within the breeding season (February 15 through August 31),
Consultant will provide a nesting bird survey within the project area and up to a 500-foot buffer prior to
disturbance to confirm the absence of active nests and sensitive species such as burrowing owls and coastal
California gnatcatcher (CDP Special Condition No, 19). Based on MM 1310-1 from the MMRP, surveys shall be
conducted weekly, beginning no earlier than 30 days and ending no later than three days prior to the
commencement of disturbance for a total of four nesting bird surveys. If an active nest is discovered, an
appropriate avoidance buffer will be determined by the biologist in consideration of species sensitivity and
existing nest site conditions. Limits of avoidance will be demarcated with flagging or the biologist will direct
the contractor to erect fencing. The location will be shared with the crews and the City immediately for
avoidance.
If a nest is identified, the biologist will document location, record photos, determine the nest status (nest
building, incubation, nestling, fledgling) and provide an estimate as to when the nest will be inactive and no
longer a concern for proposed work or maintenance activities. The biologist will record the results of the
recommended protective measures described above and shall submit a memo summarizing any nest avoidance
measures to the City to document compliance with applicable State and federal laws pertaining to the
protection of native birds.
Note: This task includes four nesting bird surveys and one report. Additional nesting bird surveys or nest status
updates can be provided under Task 18B.
Task 18B: Construction Monitoring, Flagging of Sensitive Resources for Avoidance and Impact Determination
Prior to construction and in accordance with MM B10-4 of the MMRP, the biologist will identify the limits of
construction and will demarcate the boundaries to protect native vegetation. This will include Artemisia
californico-Eriogonum fasciculatum Shrublond (CSS) located within the proposed Project footprint, that may
be avoided, and will be flagged by the biologist or direct the contractor for the installation of construction or
silt fencing to prevent encroachment into adjacent natural communities. Impacts to unavoidable CSS will be
mitigated through onsite mitigation.
A Consultant biological monitor will be present during initial vegetation removal, ground disturbance, and
grading activities. In accordance with CDP Special Condition 19, the monitor will also be present once per week
during the nesting season and once every two weeks during the non -breeding season (September 1 through
February 14). This assumes Project construction will take place for up to one year. The monitor will be present
to document compliance with the measures in the CDP Amendment and the mitigation measures of the MMRP.
If a non-compliance issue is identified, the monitor will halt work and inform the site foreman of the non-
compliance and recommendations to correct. The City will be informed and daily notes will be recorded.
If an active nest or a sensitive species is discovered, the biologist will monitor potential disturbances to the
nest (noise level thresholds at 65dB peak within 100 ft of nest). The monitor will recommend noise reduction
mitigation measures to allow work to continue in the area. This may include implementing material stockpiles,
avoiding shouting, avoiding use of stereos outdoors, or changing the type of work that produces loud noise on
hourly intervals. The monitor will be present weekly to determine the nest status (incubation, nestling,
fledgling). The biologist will provide an updated estimate as to when the nest will be inactive (fledglings are
independent of parent birds) and will remove the inactive nest in an effort to prevent future nesting at that
location (nesting bird species raise can raise more than one brood a year). Once determined inactive, the
nesting avoidance buffer will be removed and the crews will be informed immediately. The biologist will submit
a memo summarizing nest status to the City to document compliance with applicable State and federal laws
pertaining to the protection of native birds.
Once construction is complete, the biologist will document the area impacted to determine the acreage and
evaluate onsite and offsite mitigation opportunities. This will include one last monitoring effort the day
construction is complete, and the monitor will determine and calculate the actual temporary and permanent
impacts. The results will be provided in the final monitoring report.
Note: This task assumes up to 10 pre -construction surveys and monitoring visits during ground disturbing
activities for an 8-hour field day, plus travel and other direct costs (ODCs) including vehicle use and
survey/safety equipment. Monitoring will occur daily during clearing/grubbing and ground disturbing activities.
Weekly site visits (up to a total of 10 days) will occur to inspect work limits and avoidance areas and conduct
sensitive species and nesting bird sweeps during the nesting season. In addition, up to 35 weekly monitoring
visits are included (once per week during nesting season, once per two weeks for non -breeding season). This
includes a 6-hour field day plus travel and ODCs. If more monitoring is required due to construction lasting
longer than a year, Consultant can provide additional weekly monitoring at rate of $793.50 per day.
Task 18C• Post Construction Wetland Monitoring
In accordance with MM BIO-5, following the completion of the construction activities, a Consultant biologist
will conduct monthly monitoring of the West Coast Highway wetlands to evaluate and document the
associated conditions to determine if any unforeseen impacts from the proposed construction activities are
occurring. The biologist will install pin flags to demarcate the boundary of the wetland and set up photo
locations that can be replicated each month. This monthly monitoring will continue for up to one year, or until
such time as it can be sufficiently demonstrated that the wetlands will continue to persist in perpetuity. If it is
determined during post -construction monitoring that construction has resulted in an unexpected impact to
the wetlands, the biologist will recommend the appropriate remedial actions to be implemented by the City.
This may include an alternative water source that would continue to supply sufficient water to sustain the
wetlands. The biologist will prepare an annual report summarizing the findings, and will include pre- and post -
construction photos, monthly photos, an updated map of the wetland area, and any recommendations if
remedial actions are necessary.
Note: This effort assumes up to 12 site visits and an annual monitoring report. This scope of work does not
include restoration implementation within the wetland area.
Task 18D: Project Management and Meetings
As needed, Consultant will attend meetings with the City via phone conference to discuss the progress, results
and schedule. In addition, Consultant will be available to discuss the results of the surveys determine if any
additional monitoring or implementation of additional protection measures are required. Consultant will also
assist with discussions regarding mitigation strategies, if needed. In order to ensure smooth operations of the
surveys and monitoring efforts, Consultant will be responsible for scheduling Project personnel, data
management, quality assurance, budget tracking, and invoice tracking. We will also maintain open
communications with the City regarding surveys, schedules, sensitive resource issues, recommendations, and
other relevant Project information.
Note: Consultant has included up to 20 hours for meetings and management, and up to 4 hours of GIS support
for this task.
Task 19: Cultural Resources, Paleontological Resources, and Tribal Cultural Resources
Mitigation, Monitoring, and Reporting
The following tasks intend to satisfy the Project's MMRP, mitigation measures CUL-1, CUL-2, PALEO-1 through
PALEO-5, and TCR-1, as well as Special Condition 22 of the Project's CDP.
Task 19A: Archaeological, Paleontological, and Tribal Construction Monitoring
During earth disturbing activities the Project Archaeologist, Paleontologist, and Gabrielino Band of Mission
Indians — Kizh Nation Native American Monitor will be on -site as determined necessary by the Project
Archaeologist. Inspections will vary based on the rate of excavation, the materials excavated, and the presence
and abundance of artifacts and features and the construction schedule. The Archaeological, Paleontological,
and Native American Monitor will monitor all Project grading, excavation work, site preparation or landscaping
activities associated with the approved development. The Archaeologist will maintain a daily log of activities
during monitoring. This daily rate includes an 8-hour field day. If previously unidentified resources are
discovered during construction:
• The Project Archaeologist, Paleontologist, or the Gabrielino Band of Mission Indians — Kizh Nation
Native American Monitor will divert or temporarily halt ground disturbance operations within 50 ft of
the area of the discovery to allow evaluation of potentially significant cultural resources.
• At the time of discovery, the Project Archaeologist will inform the permittee, who shall report all
discovered resources as soon as possible, by phone or by email to the Executive Director.
• Project Archaeologist will contact all affected groups of the Native American Tribe that are not present
for on -site monitoring and notify them of the discovery
• The Project Archaeologist, in consultation with the Executive Director of the California Coastal
Commission and the Gabrielino Band of Mission Indians — Kizh Nation Native American Monitor, will
determine the significance of the discovered resources.
• Construction activities will be allowed to resume in the affected area only after the Executive Director
has concurred with the evaluation.
• If the Executive Director determines cultural resources are significant, a Cultural Resources Significance
Testing Plan will be necessary and will be under a separate scope and fee. All aspects associated with
the Testing Plan will follow the treatment described in Appendix B of the California Coastal Commission
Staff Report Coastal Development Permit Amendment.
• Fees to transfer or repatriate cultural materials are not included in this scope of work and will vary
based on the type of resources found.
Per the Mitigation Monitoring and Reporting Program prepared for, and adopted by the City of Newport
Beach, paleontological monitoring will include:
• All Project -related ground disturbance that could potentially impact the Monterey Formation and the
Old Paralic Deposits will be monitored by a qualified Paleontological monitor on a full-time basis, as
these geologic units are determined to have a high paleontological sensitivity. Project -related
excavations that occur in surficial younger alluvial deposits (not mapped in the current study area but
existing in the vicinity) will be monitored on a part-time basis to ensure that underlying
paleontologically sensitive sediments are not being impacted.
• At each fossil locality, field data forms will be used to record pertinent geologic data, stratigraphic
sections will be measured, and appropriate sediment samples will be collected and submitted for
analysis.
• Matrix sampling would be conducted to test for the presence of microfossils. Testing for microfossils
would consist of screen -washing small samples (approximately 200 pounds) to determine if significant
fossils are present. If microfossils are present, additional matrix samples will be collected (up to a
maximum of 6,000 pounds per locality to ensure recovery of a scientifically significant microfossil
sample).
• Recovered fossils will be prepared to the point of curation, identified by qualified experts, listed in a
database to facilitate analysis, and reposited in a designated paleontological curation facility.
Note: Up to 45 days of monitoring are assumed for construction activities that involve grading and major
earthwork.
Task 19B: Paleontological Monitoring and Mitigation Plan
Prior to construction activity a qualified paleontologist will produce a Paleontological Monitoring and
Mitigation Plan for the proposed Project. The Paleontological Monitoring and Mitigation Plan will include
requirements for inspection of exposed rock units during active excavations within sensitive geologic
sediments. The Plan will note that the paleontological monitor will have authority to temporarily divert grading
away from exposed fossils and halt construction activities in the immediate vicinity in order to professionally
and efficiently recover the fossil specimens and collect associated data. The qualified paleontologist will
prepare progress reports to be filed with the City of Newport Beach.
Task 19C. Reporting
Upon completion of the implementation phase, the Project Archaeologist and Project Paleontologist will
submit a final report describing the plan compliance procedures and site conditions before and after
construction. Based on the technical studies for the Project we assume a negative finding report will be the
appropriate document.
If resources are found during construction the level of reporting will depend on the number of resources found,
the significance of the resource and input from the County Archeologist. If necessary, this work will be under a
separate scope and fee.
Task 19D: Kick off Meeting, Mobilization, Coordination, and Project Management.
Consultant Project Archaeologist, Paleontologist, and Gabrielino Band of Mission Indians — Kizh Nation Native
American representative (Monitor) will be available to attend the Project pre -construction meeting. The
Archaeologist, Paleontologist, and Native Monitor will attend the pre -construction meeting with the
contractors to explain and coordinate the requirements of the archaeological monitoring program. In addition,
this task includes consultation with City staff and Tribal representatives, project coordination with Project
Permittee, preparing maps and review of the Project's environmental documents and MMRP.
Assumptions:
• This task does not include cultural resources testing, data recovery, analysis, recording, or similar
programs.
This task assumes no (0) cultural resources, Tribal Cultural Resources, or paleontological resources will
be encountered during project monitoring. Should such resources be identified, a change order will be
required to accommodate costs associated with the treatment and evaluative efforts needed to
comply with State and City requirements for the treatment and evaluation, including recording and
reporting, of archaeological and paleontological resources.
Task 20: Project Management and Coordination
This task includes at least three Project meetings that would occur with City staff via conference call/video chat
that are not included in any of the kickoff meeting or coordination tasks above. This task also includes time
that Consultant would spend managing staff and deliverables, as well as time for project management and
invoicing.
Note: Consultant has included up to 30 hours for meetings and management.
Task 21: Construction Camera Services
This task includes providing 14 months of camera services during construction. The cost includes the camera
lease, camera mount, time-lapse move production, and a dedicated client support manager.
EXHIBIT B-4
SCHEDULE OF BILLING RATES
Chambers Group, Inc. Page B-1
EXHIBIT B-4
FEE SCHEDULE
Amendment No. 4
Environmental Services for the Superior Avenue Pedestrian & Bicycle Bridge and Parking Lot And
West Coast Highway Widening and Pedestrian Bridge Project
Costs
The services described in each task will be performed on a time and materials basis.
For the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project:
Task 18: Biological Resources Mitigation, Monitoring, and Reporting
Task 19: Cultural Resources, Paleontological Resources, and Tribal Cultural Resources Mitigation,
Monitoring, and Reporting
Task 20: Project Management/Coordination
Task 21: Construction Camera Services
Total Not -To -Exceed Cost for Amendment #4: $220,407.00
Total Not -To -Exceed Cost for Entire Agreement: $628,279.00
0-
I
N
Op AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
V WITH CHAMBERS GROUP, INC. FOR
ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY
WIDENING AND PEDESTRIAN BRIDGE PROJECT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 17th day of March, 2021
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a
California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750,
Santa Ana, CA 92707, and is made with reference to the following:
RECITALS
A. On May 1, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide professional environmental
services and support for the Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project ("Project").
B. On September 10, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and
approving the submittal of a funding application ("Application") for an intersection
capacity enhancement project tot eh Orange County Transportation Authority
("OCTA") for funding under the Comprehensive Transportation Funding Program.
D. On May 11, 2020, OCTA approved the City's Application, in which the City will
receive funds to conduct environmental review and design services for the West
Coast Highway Widening and Pedestrian Bridge Project.
E. On August 25, 2020, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services to include the
West Coast Highway Widening and Pedestrian Bridge Project (hereinafter
collectively referred to as the "Project") not included in the Agreement, as
amended, to increase the total compensation, update the Claims section, include
Prevailing Wage language, and update Insurance requirements.
F. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to increase the total
compensation, update the Project Manager section, and update Insurance
requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A-3 and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A-2 to
Amendment No. Two, and Exhibit A-3 to this Amendment No. Three shall collectively be
known as "Exhibit A." The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B-3 and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One
Exhibit B-2 to Amendment No. Two, and Exhibit B-3 to this Amendment No. Three shall
collectively be known as "Exhibit B."
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 and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Seven
Thousand Eight Hundred Seventy Two Dollars and 00/100 ($407,872.00), 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. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighteen Thousand Eight Hundred Thirty Four Dollars and 00/100 ($18,834.00).
3. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following: "Consultant shall designate a Project Manager, who shall coordinate all phases
of the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Meghan Gibson to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel."
4. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
Chambers Group, Inc. Page 2
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]
Chambers Group, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 311 t 2rt
By:
Aaron . Harp
City Attorney
ATTEST:
Date: _5-30 -ug
By:.����
•*4- Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California muni ipal corporation
Date: `?, I, -)-Ci / 31
By: �./�� Iu1�1 9)Ty
Grace K. Leung
City Manager
CONSULTANT: Chambers Group, Inc., a
California corporation
Date:
By:
Signed in Counterpart
Mike McEntree
Vice President / Chief Operating Officer
Date:
By: Signed in Counterpart
Alex Gurrola
Chief Financial Officer / Chief Executive
Officer
[END OF SIGNATURES]
Attachments: Exhibit A-3 - Scope of Services
Exhibit B-3 - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Chambers Group, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:9 1
By:
aro C. Harp
City torney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Chambers Group, Inc., a
California corporation
Date:-- ---- -1 l� 2
By: I v v ry I V
Mike Mc ntree
Vice President / Chief Operating Officer
Date:
By:
Alex Gurrola
Chief Financial Officer/ Chief Executive
Officer
[END OF SIGNATURES]
Attachments: Exhibit A-3 — Scope of Services
Exhibit B-3 — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Chambers Group, Inc. Page 4
EXHIBIT A-3
SCOPE OF SERVICES
Chambers Group, Inc. Page A-1
EXHIBIT A-3
SCOPE OF SERVICES
Amendment No. 3
Environmental Services for the Superior Avenue Pedestrian & Bicycle Bridge & Parking Lot And
West Coast Highway Widening & Pedestrian Bridge Project
Consultant shall provide the Scope of Work as described below for the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot Project:
Task 14: CDP Appeal/MND Addendum coordination
Consultant shall provide support during the Coastal Development Permit (CDP) Appeal process including
preparing responses to the comments included within the appeal document submitted to the Planning
Commission regarding the CDP and Mitigated Negative Declaration (MND) Addendum approval. Consultant
shall coordinate with the City on which responses will need California Environmental Quality Act (CEQA)-
specific or Consultant responses and draft responses will be provided for review. In addition, this task will
include up to three calls with the City anticipated to last no more than one hour each to discuss the approach
to responses. In addition, this task includes Consultant attending the Planning Commission Meeting,
anticipated to be no more than three hours in length, to answer any CEQA or environmental questions. Since
the appeal document includes 46 pages of comments and information, Consultant has included 70 total hours
of drafting and revising responses to the comments.
Task IS: California Coastal Commission coordination
The California Coastal Commission (CCC), through provisions of the California Coastal Act, is empowered to
issue CDPs for any project located within the Coastal Zone. This task provides for follow up coordination and
support to move the permits through the application and approval process. Up to 42 hours of coordination and
support are provided for this task.
EXHIBIT B-3
SCHEDULE OF BILLING RATES
Chambers Group, Inc. Page B-1
EXHIBIT B-3
SCHEDULE OF BILLING RATES
Amendment No. 3
Environmental Services for the Superior Avenue Pedestrian & Bicycle Bridge & Parking Lot And
West Coast Highway Widening & Pedestrian Bridge Project
Task 14: CDP Appeal/MND Addendum Coordination $12,322.00
Task 15: California Coastal Commission Coordination: $6,512.00
Total Not -To -Exceed Cost for Amend #3: $18,834.00
Total Not -To -Exceed Cost for Entire Agreement: $407,872.00
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 City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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, two million dollars ($2,000,000) 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).
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
Chambers Group, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. 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:
Chambers Group, Inc. Page C-2
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 Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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. If the Consultant maintains higher
Chambers Group, Inc. Page C-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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.
G. 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.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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.
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.
Chambers Group, Inc. Page C-4
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, September 15, 2020 5:26 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number 8020-4
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. 8020-4 Chambers Group, Inc.
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH CHAMBERS GROUP, INC. FOR
ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY
WIDENING AND PEDESTRIAN BRIDGE PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 25th day of August, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a
California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750,
Santa Ana, CA 92707, and is made with reference to the following:
RECITALS
A. On May 1, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide professional environmental
services and support for the Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project ("Project").
B. On September 10, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and
approving the submittal of a funding application ("Application") for an intersection
capacity enhancement project to the Orange County Transportation Authority
("OCTA") for funding under the Comprehensive Transportation Funding Program.
D. On May 11, 2020, OCTA approved the City's Application, in which the City will
receive funds to conduct environmental review and design services for the West
Coast Highway Widening and Pedestrian Bridge Project.
E. The parties desire to enter into this Amendment No. Two to reflect additional
Services to include the West Coast Highway Widening and Pedestrian Bridge
Project (hereinafter collectively referred to as the "Project") not included in the
Agreement, as amended, to increase the total compensation, update the Claims
section, include Prevailing Wage language, and update Insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A-2 and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A-
2 to this Amendment No. Two shall collectively be known as "Exhibit A." The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B-2 and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, as amended by Amendment No. One,
and Exhibit B-2 to this Amendment No. Two shall collectively be known as "Exhibit B."
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 and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty
Nine Thousand Thirty Eight Dollars and 00/100 ($389,038.00), 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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred Twenty Seven Thousand Eight Hundred Twenty One Dollars and 00/100
($227,821.00).
INK
Section 26 of the Agreement shall be amended in its entirety and replaced with the
following: "26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract
Code section 9204 or any successor statute thereto, the Parties agree to follow the
dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute
after completion of the dispute resolution process provided for in Public Contract Code
section 9204 or any successor statute thereto shall be subject to the Government Claims
Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
Chambers Group, Inc. Page 2
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
4. PREVAILING WAGES
Section 30 shall be added to the Agreement as follows: "30.1 Pursuant to the
applicable provisions of the Labor Code of the State of California, not less than the
general prevailing rate of per diem wages including legal holidays and overtime Work for
each craft or type of workman needed to execute the Work contemplated under the
Agreement shall be paid to all workmen employed on the Work to be done according to
the Agreement by the Consultant and any subcontractor. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Consultant is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Consultant or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
30.1 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work."
5. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
6. 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]
Chambers Group, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date-.ehVz/ o zo
By: L/& 6c
Aaron C. Harp
City Attorney
ATTEST: 4,/PAA0
Date:
Leilani 1. Biown
city
...
CITY OF NEWPORT BEACH,
a California rrlu icipal corporation
Date: 1ssAtotJ
By: �t
Will O'Neill
Mayor
CONSULTANT: Chambers Group, Inc., a
California corporation
Date:
Signed in Counterpart
By:
Mike McEntree
Vice President / Chief Operating Officer
Date:
joca
Signed in Counterpart
Alex Gurrola
Chief Financial Officer/ Chief Executive
Officer
[END OF SIGNATURES]
Attachments: Exhibit A-2 — Scope of Services
Exhibit B-2 — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Chambers Group, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 8
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Aaron C. Harp Will O'Neill
City Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONSULTANT: Chambers Group, Inc., a
California corporation
Date: -Z z
L`
By:
Mike Mc n[r
Vice President /'Chief Operating Officer
Date: M0151060 -e%
By:
Alex Gurrola
Chief Financial Officer / Chief Executive
Officer
[END OF SIGNATURES]
Attachments: Exhibit A-2 - Scope of Services
Exhibit B-2 - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Chambers Group, Inc. Page 4
EXHIBIT A-2
SCOPE OF SERVICES
Chambers Group, Inc. Page A-1
EXHIBIT A-2
SCOPE OF SERVICES
Amendment No. 2
ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN AND BICYCLE
BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY WIDENING AND PEDESTRIAN
BRIDGE PROJECT
Consultant has prepared a scope of work and cost estimate to prepare the CEQA
documentation according to all applicable State and local requirements that will be applied to
the West Coast Highway Widening and Pedestrian Bridge Project. Consultant assumes the
appropriate CEQA documentation for the project will be an Environmental Impact Report
(EIR); however, if a different document is determined to be more appropriate, a separate
scope and cost can be provided via formal amendment to the contract.
Consultant shall provide:
• Preparation of all CEQA documentation according to all applicable State and Local
requirements
• Preparation of technical studies related to biological resources, cultural resources, air
quality, noise, aesthetics, and traffic, among others
• Preparation of CDP and/or CDP amendments
• Coordination and supervision of any sub -consultant specialists as required
• Coordination and collaboration with the City of Newport Beach staff, various
consultants and any state/local agencies (such as the United State Fish and Wildlife
Service [USFWS]), as required
• Attendance at various City of Newport Beach public meetings as needed
Consultant shall accomplish the scope of work as described below.
TASK PH2 -1: PROJECT INITIATION
Task Ph2 -1.1: Initial Meeting and Data Acquisition
After receiving formal Notice to Proceed (NTP), the Consultant Project Manager shall meet
with representatives from the City at a Project Initiation/Kick-Off Meeting to discuss the project
description, specific project issues, upcoming construction schedules and CEQA schedule;
as well as receive any pertinent project information reports in addition to the City's most up-
to-date project plans and other background documentation. The Consultant Project Manager
shall also survey the Project site and the immediate surrounding area and make a
photographic record to document the existing conditions.
Consultant shall review all available project -related data and reports provided by the City
including revisiting the Initial Study/Mitigated Negative Declaration (IS/MND) we previously
prepared for the Superior Avenue Pedestrian and Bicycle Bridge Project. Following the review
of existing data, any gaps in the data and recommendation for correcting the gaps shall be
discussed with the City of Newport Beach. Consultant shall work closely with the City to
determine what additional data must be collected in support of the CEQA document being
prepared. It is assumed that Consultant can use these documents in the analysis of the
Project.
Task Ph2 -1.2: Project Description
Consultant shall develop a comprehensive description for the Proposed Project that shall
form the basis for the analysis of the potential impacts on the environment, based on the
information provided by the City. The project description shall include a narrative and
graphical presentation of the Proposed Project, including components, location and
boundaries, regional and vicinity maps, and a statement of the Project goals and objectives.
Deliverable: One electronic PDF copy of the project description for City review.
TASK PH2 -2: TECHNICAL STUDIES
Based on the Proposed Project improvements, the technical studies below are suggested to
supplement the analysis in the appropriate CEQA document.
Task P112 -2.1: Visual Simulations (Subconsultant: Fuscoe Engineering)
The purpose of this task is to create a visual 3D model of the proposed pedestrian bridge
crossing at West Coast Highway. Subconsultant (Fuscoe Engineering) shall complete the
following tasks associated with the visual simulations for the Proposed Project:
Task Ph2 -2.1.1. UAV Aerial Scan
Conduct an aerial Unmanned Aerial Vehicle (UAV) scan of the Project Site including an area
within 500' adjacent, and from the Newport Crest apartments to the ocean. Includes field scan
aerial photos, 3D "point cloud" LAS file and 3D OBJ mesh model.
Task Ph2 -2.1.2. Existing Conditions Model
Prepare a 3D model of the site as -is from the UAV scanning files.
Task Ph2 -2.1.3. Proposed Bridge & PCH Widening
Using electronic files to "schematic" level, insert the proposed Bridge into the existing
conditions model for a "'before vs. after" simulation. Add in 4-6 view simulations from
client/team designated "points of view". Assumes 3D Concept level grading plan and bridge
model shall be provided by client at project commencement. Includes 3D concept level
grading plan and bridges modeled from AutoCAD plans provided by client.
Task Ph2 -2.1.4. Video Animation
Prepare a rendered 30 second video of the 3D model illustrating the proposed conditions as
a virtual drive on Pacific Coast Highway (PCH) and Superior Avenue as directed by client.
Task Ph2-2.1.5. General Consultation
Coordinate files and deliverables with the team and ensure all work is proper, useable. Attend
meetings, coordinate files with Consultant and provide special modeling services as
requested.
Task Ph2 -2.2: Coastal Development Permitting
Consultant shall work with the City to provide permitting efforts for the Project.
Task Ph2 -2.2.1: Coastal Development Permit Under Local Coastal Program (LCP)
Consultant shall assist the City in preparing applications and obtaining a Coastal
Development Permit (CDP) from the City for the Proposed bridge across West Coast
Highway, under the City's Local Coastal Plan (LCP). Consultant shall prepare the permit
application and required appendices with the information identified and shall work with the
City to include pertinent information such as the project information to prepare the project
description (including construction methods and equipment), assessor's parcel numbers for
surrounding landowners, names of neighboring property owners and occupants, and wet
signatures on the CDP. Consultant shall provide an electronic copy of the draft CDP for review
by the project City staff and shall incorporate one round of comments into a final CDP for
submittal. The CDP for submittal shall be provided within two weeks of receiving complete
project description information. This proposal assumes the Coastal Development Permit
(CDP) would be subject to the City LCP and not the California Coastal Commission (CCC).
The coordination with the City after permit application submittal shall include requests for
additional information that is readily available at the time of the request and would not require
substantial modification to the existing project description, which would require preparation of
a new permit application, and would not require new additional work not included in the Scope
of Work.
This task does not include new technical studies or reports not specifically identified in this
proposal. City shall provide the application fees directly, as applicable, for each permit
application.
Task Ph2 -2.2.2: Coastal Development Permit and/or Amendment
Consultant shall assist the City in preparing applications for a new CDP and/or an amendment
to existing Coastal Development Permit(s) involving the lane expansion portion of the Project
adjacent to both Sunset Ridge Park and Banning Ranch, as well as the switchback ramps at
Sunset Ridge Park. The type of CDP(s) that shall be prepared for this task shall be dependent
upon how the design of the Proposed Project lines up against the existing CDP alignment.
Consultant shall prepare the permit application and required appendices with the information
identified and shall work with the City to include pertinent information such as the project
information to prepare the project description (including construction methods and
equipment), assessor's parcel numbers for surrounding landowners, names of neighboring
property owners and occupants, and wet signatures on the CDP. Consultant shall provide an
electronic copy of the draft CDP(s), as applicable, for review by the project City staff and shall
incorporate one round of comments into a final CDP for submittal. The CDP for submittal shall
be provided within two weeks of receiving complete project description information.
The coordination with the City after permit application submittal shall include requests for
additional information that is readily available at the time of the request and would not require
substantial modification to the existing project description, which would require preparation of
a new permit application, and would not require new additional work not included in the Scope
of Work.
This task does not include new technical studies or reports not specifically identified in this
proposal. City shall provide the application fees directly, as applicable, for each permit
application.
Assumptions: Based on our understanding of the current Project, Consultant assumes no
Section 404 permit from the US Army Corps of Engineers, Section 401 and/or Waste
Discharge requirement from the Regional Water Quality Control Board, nor Section 1600-
1602 Lake and Streambed Alteration Agreement would be required. In addition, based on the
current understanding, no Section 7 and/or Section 10 consultation or permit shall be required
from resources agencies, specifically the California Department of Fish and Wildlife (CDFW)
and the U.S. Fish and Wildlife Service (USFW) as no threatened or endangered species is
expected to occur within the Project footprint. If waters and/or wetlands are identified within
the Project area and are determined to be jurisdictional under either the Clean Water Act or
California Fish and Game Code, additional permitting effort shall be required under separate
scope of work and fee.
Task Ph2 -2.3 Biological Resources
Consultant shall work with the City to provide biological resources analysis efforts for the
Project.
Task Ph2 -2.3.1: Biological Resource Literature Review, Field Survey, and Biological
Technical Report
Prior to commencing the general biological survey, Consultant shall conduct a literature and
database review of the project area. The database review shall include the United States
Geological Survey (USGS) 7.5 -minute topographic quadrangle containing the site, California
Department of Fish and Wildlife's (CDFW) California Natural Diversity Database (CNDDB),
the United States Fish and Wildlife Services (USFWS) sensitive species occurrence database
and critical habitat areas, and the California Native Plant Society's Electronic Inventory
(CNPSEI), National Wetland Inventory (NWI), U.S. Department of Agriculture (USDA) Natural
Resources Conservation Service (NRCS) general soils map, previous vegetation maps and
biological surveys prepared for the site (if available), and aerial photographs of the area prior
to surveying the site for current relevant information. In addition, biological information
included in reports previously prepared for closely related projects shall be reviewed and
referenced.
After conducting the literature search and database review, biologists shall conduct a
reconnaissance -level survey of the Project area which includes a bridge that shall span West
Coast Highway (within 150 feet of the proposed parking lot and pedestrian bridge), and the
realignment and lane expansion area along West Coast Highway). Vegetation communities
on the Project site and the immediate vicinity shall be surveyed, mapped, and qualitatively
described. The field survey shall focus primarily on determining the presence or potential
presence of federal- or state -listed or otherwise sensitive plant and wildlife species and
sensitive habitats. In addition, the survey shall focus on identifying the presence of any
sensitive habitats that may be protected under the California Coastal Commission. The
survey shall include a waters assessment to confirm the presence of jurisdictional waters in
the area. Photographs shall be taken to document the current conditions of the Project site
and vicinity. Plants and wildlife observed during the survey shall be recorded and provided
as appendices to the report.
After completing the biological survey, Consultant shall prepare a Biological Technical Report
that shall include an introduction, methods used to conduct the surveys, results of the existing
conditions of biological resources within the survey area, a discussion of sensitive species
and plant and wildlife communities, and references cited. The report shall include a discussion
of the potential for sensitive species to occur within the survey area and the adjacent habitat
and recommended mitigation measures. The report shall summarize the results of the habitat
assessment survey and shall include current photographs and maps documenting existing
site conditions and the locations of any sensitive and listed species occurring, or potentially
occurring, at the site.
The report shall include up to five graphics including a vicinity map, biological resources map,
and photographs of the site. The report shall contain up to 25 pages of text and tables and
up to 10 pages of appendices. Plant and wildlife species lists observed during the survey
shall be included as appendices to the report. One electronic copy of the Biological Technical
Report shall be provided for review. Consultant shall incorporate one round of comments into
the final report within one week of receiving comments on the draft report. Electronic copies
of the final report shall be submitted to the City.
Schedule: The field survey shall commence upon receipt of NTP. Within three weeks of
conducting the biological resource survey, Consultant shall provide a draft Biological
Technical Report to the City for review. The final report shall incorporate comments from the
City within one week of receipt of one consensus round comments.
Assumptions
• Cost for Task 2.3.1 assumes two biologists surveying the proposed work areas over a one -
day period. If additional areas are added that require a field survey, Consultant shall provide
a change order.
• The cost for Task 2.3.1 includes the field survey, Other Direct Cost (ODC's) including travel
and equipment, and reporting services.
• Cost for Task 2.3.1 assumes a phone meeting with the City of Newport to discuss the results
of the survey. If additional meetings are required, Consultant shall provide a change order.
Task Ph2 -2.3.2: Coastal California Gnatcatcher Focused Surveys and Report
Consultant's team of qualified and USFWS permitted biologists shall conduct focused surveys
for coastal California Gnatcatcher according to the Coastal California Gnatcatcher (Polioptila
californica californica) Presence/Absence Survey Guidelines (USFWS 1997), and include a
500 -foot buffer, throughout the Project site in suitable habitat (i.e., coastal sage scrub habitat
near Sunset Ridge Park). The appropriate USFWS field office shall be notified prior to
surveys. The surveys shall be conducted during nesting season (February 15 to August 31).
Within this timeframe, 3 surveys shall be conducted at least one week apart from each other.
Complete bird lists shall be maintained for each survey day. The locations of the target
species and other sensitive species and/or their nests shall be documented in field notes
and/or approved data sheets, recorded with a handheld Global Positioning System (GPS),
mapped onto high-resolution aerial photographs, and photographed clearly showing the
location of the species in reference to work areas. Observed territories shall be drawn directly
onto high-resolution aerial photographs on each survey, resulting in a comprehensive territory
map at the close of the season. These territory maps shall then be transcribed using GIS
software.
Following the completion of the CAGN survey effort, Consultant shall complete a 45 -day
report of results in accordance with the 1997 USFWS protocol. The draft report shall be
issued for comment and review within three weeks of the completion of the surveys.
Consultant shall incorporate one round of comments into a Final Report within 10 business
days of receipt of comments on the Draft Report. One electronic copy and up to three
hardcopies (upon request) of the final report shall be provided. The final report shall then be
submitted to the USFWS and CDFW as appropriate.
Assumptions
• The cost for Task 2.3.2 includes approximately three full days for one permitted CAGN
biologist, ODC's including travel and equipment, agency notification, and reporting.
• This scope of work does not include agency consultation, or CAGN permitting services.
Informal agency consultation is included in Task 2.3.4, below.
Task Ph2 -2.3.3: Wetland Delineation
Consultant shall conduct a desktop analysis prior to field survey. The desktop analysis shall
include U.S. Geological Survey quadrangle maps and blue -line drainages, Natural Resources
Conservation Service soil survey maps, National Wetland Inventory data, and data obtained
from the City for the proposed work area.
Potential wetland habitats on the site shall be evaluated using the methodology set forth in
the USACE Wetland Delineation Manual (USACE 1987) and shall utilize the Arid West
Regional Delineation Supplement. Surveyors shall walk the project area identifying and
mapping limits of jurisdiction with GPS. Suspected USACE/RWQCB/CDFW jurisdictional
areas shall be field checked for the presence of definable wetlands within the survey area.
Hydrologic indicators include evidence of inundation, saturation, watermarks, drift lines, and
sediment deposits. The boundaries of the hydrological feature shall be mapped in a shape
file that can be distinguished by respective Agencies' jurisdiction, based on current Agency
guidance documents. Photographs of hydrological features shall be recorded for reference
and scale. Upon completion of field survey, all GIS data collected shall be reviewed. Data
gathered from the survey and analysis effort shall be included in the wetland delineation
report.
Consultant shall prepare a wetland delineation report that summarizes the field survey,
mapping and impact analysis findings. The report shall include up to 25 pages of text and
graphics including a vicinity map, limits of jurisdiction on current aerial photographs,
photographs of the site and appendices. Consultant shall submit an electronic copy of the
draft report to the City for review. Consultant shall incorporate one round of comments into a
final report and provide an electronic file to the City.
Note: The field portion of this task shall be completed during the Biological Reconnaissance
Survey.
Task P112 -2.3.4: Informal Agency Coordination
Consultant understands that if sensitive resources are present (i.e., coastal California
gnatcatcher, wetlands), preparation of additional avoidance and protection measures may be
required to address potential direct and indirect impacts. Consultant biologists shallcoordinate
with wildlife and resource agencies and assist with the preparation of protection measures to
allow the project to move forward while protecting the sensitive resources. Our team shall
assist the City during negotiations with the agencies to develop appropriate mitigation
measures. This task includes one site visit with agencies and two additional phone
conference meetings. This task does not include a formal consultation for a USFWS Section
7 and Section 10 Habitat Conservation Plan and CDFW Incidental Take Permit.
Task Ph2 -2.4: Air Quality, Greenhouse Gas, and Noise Analysis (Vista
Environmental)
Task Ph2 -2.4.1: Air Quality Analysis
Vista Environmental shall provide the following tasks to support the Project analysis:
• Identify the existing air quality setting in the area.
• Identify applicable federal, state, and South Coast Air Quality Management District
(SCAQMD's) rules and regulations and identify current attainment status of federal and state
standards, and current SCAQMD attainment plans.
• Obtain existing air quality data from air quality monitoring stations within the study area
utilizing California Air Resources Board (CARB) data sources. Data shall be obtained for air
pollutants, including; ozone, nitrogen dioxide (NO2), and particulate matter (PM10 and
PM2.5).
• Identify SCAQMD's thresholds of significance for the criteria pollutants.
• Provide a Project consistency analysis with SCAQMD's Air Quality Management Plans
(AQMP). The consistency analysis shall determine if the Project shall contribute to air quality
violations and if it shall comply with AQMP control measures.
• Evaluate and quantify regional criteria pollutant emissions associated with each phase of
construction activities utilizing the CaIEEMod Model and construction assumptions obtained
from the client. If significant regional pollutant emission levels are found to be created from
construction activities, feasible mitigation shall be developed and quantified.
• Evaluate local NOx, CO, PM 10, and PM2.5 emissions at the nearby homes from each phase
of construction activities for the Proposed Project utilizing SCAQMD's Lookup Tables and the
methodology described in Localized Significance Threshold Methodology, prepared by
SCAQMD, July 2008. If significant local pollutant emission levels are found to be created from
construction activities, feasible mitigation shall be developed and quantified.
• Provide a qualitative analysis of the construction -related toxic air contaminant (TAC) impacts
from the Proposed Project and detail how due to the limited duration of construction activities
that the cancer and non -cancer risks would be less than significant.
• Provide a qualitative odor analysis from construction of the Proposed Project. The odor
analysis shall identify the potential sources of odors and the number of variables that can
influence the potential for an odor impact as well as providing detail of what constitutes a
significant odor impact.
• Provide a qualitative operational analysis that details how the expansion of West Coast
Highway at Superior Avenue would not generate additional vehicle trips as the trips would
occur with or without the Project and how the operation of the pedestrian bridge would
generate only nominal vehicle emissions associated with maintenance activities that would
result in less than significant criteria pollutant and odor emissions.
• Prepare an air quality section for the CEQA document summarizing the results of the
previous work tasks. Prepare an appendix that contains the CaIEEMod printouts and any
other calculations printouts used in preparation of the air quality section.
Task Ph2 -2.4.2: Energy Analysis
Vista Environmental shall provide the following tasks to support the Project analysis:
• Identify applicable federal, state, and SCAQMD's rules and regulations that apply to energy
usage.
• Calculate construction energy usage through utilization of the CaIEEMod model run
developed for the air quality analysis to quantify the total hours off-road equipment shall
operate, the total worker miles traveled, and total haul and vendor truck miles traveled during
construction of the Proposed Project. Utilize the fuel usage factors from OFFROAD2011 and
off-road equipment operating hours to calculate the fuel usage from the off-road equipment.
Utilize the vehicle fleet average miles per gallon rates from EMFAC2014 and the worker and
truck vehicle miles traveled to calculate the fuel usage from on -road construction trips.
• Provide a qualitative operational energy usage analysis that details how the expansion of
West Coast Highway at Superior Avenue would not generate additional vehicle trips as the
trips would occur with or without the Project and how the operation of the pedestrian bridge
would utilized only nominal energy associated with lighting and maintenance activities that
would result in less than significant energy usage. Also detail how all lights would be high
efficiency lighting.
• Provide an assessment of how the applicable renewable energy and energy efficiency rules
and regulations shall be implemented by the Proposed Project and where possible, quantify
the energy savings achieved through implementing each rule and regulation. If the Proposed
Project is found to be inconsistent with any rule or regulation, provide mitigation to ensure the
Project meets the requirements.
• Prepare an energy section for a CEQA document summarizing the results of the previous
work tasks. Prepare an appendix that contains the calculations printouts used in preparation
of the energy section.
Task Ph2 -2.4.3: Greenhouse Gas Emissions Analysis
Vista Environmental shall provide the following tasks to support the Project analysis:
• Identify greenhouse gases (GHGs) and their associated impacts to global climate change.
• Identify applicable international, federal, state, SCAQMD rules and regulations.
• Identify SCAQMD's draft thresholds of significance for greenhouse gases.
• Evaluate and quantify GHG emissions associated with construction activities for the
Proposed Project through utilization of the CaIEEMod Model run used in the Air Quality
Analysis.
• Provide a qualitative operational GHG emissions analysis that details how the expansion of
West Coast Highway at Superior Avenue would not generate additional vehicle trips as the
trips would occur with or without the Project and how the operation of the pedestrian bridge
would generate only nominal vehicle GHG emissions associated with maintenance activities
that would result in less than significant GHG emissions.
• Compare the operational GHG emissions to all applicable GHG emissions thresholds
including AB 32, AB 197, SB 32, SB 375, and SCAQMD's draft GHG emissions thresholds.
If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the
GHG emissions to less than significant.
• Determine if the Proposed Project would conflict with any applicable plan, policy or
regulation of an agency adopted for the purpose of reducing the emissions of greenhouse
gases.
• Prepare a greenhouse emissions section for a CEQA document summarizing the results of
the previous work tasks. Prepare an appendix that contains the CalEEMod printouts and any
other calculations printouts used in preparation of the greenhouse gas emissions section.
Task Ph2 -2.4.4: Noise Analysis
Vista Environmental shall provide the following tasks to support the Project analysis:
• Provide a project description that details the Project components, the Project location and
nearby sensitive receptors.
• Identify applicable City of Newport Beach noise and vibration regulations and thresholds of
significance.
• Due to COVID-19, which has disrupted the typical traffic volumes and commercial activity
in the Project vicinity, the noise measurements taken for the Superior Avenue Pedestrian and
Bicycle Bridge Project shall be utilized. However, Optional Task 2.4.5 is provided if the stay
at home orders are lifted and the City would like new measurements taken.
• Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM)
Version 1.1 to analyze potential noise impacts to the nearby homes from each phase of
construction activities for the Proposed Project. Compare the results to the applicable City
noise standards. If necessary, develop mitigation to minimize the noise impacts from
construction activities at the nearby sensitive receptors.
• Analyze potential vibration impacts associated with the use of heavy off-road equipment
during construction activities through application of the methodology used in the
Transportation- and Construction -Induced Vibration Guidance Manual (Vibration Guidance
Manual), prepared for Caltrans.
• Analyze the roadway noise impacts created from widening West Coast Highway through
utilization of the FHWA Traffic Noise Model (FHWA TNM) Version 2.5 and the traffic volumes
and LOS provided in the Traffic Study for existing and future scenarios to calculate the noise
impacts to the nearby homes for without Project and with project scenarios from the
widening/moving of West Coast Highway. Compare the results to City noise standards. If
necessary, provide mitigation to reduce roadway noise impacts to within the City noise
standards.
• Obtain reference noise measurements of the typical noise producing activities at similar
pedestrian bridges. Utilize a version of the FHWA noise prediction model and the reference
noise measurements to calculate the operational onsite noise source impacts to the nearby
homes and compare the results to the City's stationary noise standards. If an exceedance is
found provide feasible mitigation to reduce the noise impacts to less than significant levels.
• Provide a qualitative operational vibration analysis that details how the operation of the
Proposed Project would not include any known sources of vibration and would result in less
than significant vibration impact.
• Prepare a noise section for an Initial Study documenting the results of the previous work
tasks. Prepare an appendix that contains the RCNM printouts, TNM model printouts and any
other calculations printouts used in preparation of the noise section.
Optional Task P112 -2.4.5: Noise Measurements
As noted above, if stay at home order are lifted and the City would prefer new noise
measurements to be taken, the following noise measurements shall be conducted:
• Obtain three long-term (approximately 24-hour) noise measurements in the vicinity of the
Project site in order to determine the existing ambient noise conditions at the nearby homes
to the Project site.
Deliverables: Analysis shall be incorporated into the CEQA document, with appendices
provided to support the analysis.
Task Ph2 -2.5: Cultural Resources Assessment
The following tasks are provided to address the cultural resources sensitivity of the Project
area and satisfy information required to address the CEQA checklist items.
Task Ph2- 2.5.1: Literature Review and Field Survey
Consultant shall conduct a literature review, including a review of the findings of a records
search through the California Historical Resources Information System (CHRIS) database at
the South Central Coastal Information Center housed at California State University, Fullerton.
The records search shall be conducted by SCCIC staff and review relevant previously
recorded cultural resources and previous investigations completed for the one -mile search
radius surrounding the Project site. Information to be reviewed shall include location maps for
all previously recorded cultural resources, previously conducted investigation boundaries,
National Archaeological Database (NADB) citations and copies for associated reports,
historic maps, and historic addresses. Consultant shall also review properties listed on/as the
California Points of Historical Interest (CPHI), California Historical Landmarks (CHL), Caltrans
Historic Highway Bridge Inventory, California Historical Resources Inventory, local city and
county registries of historic properties, the California Register of Historic Resources (CRHR),
and the National Register of Historic Places (NRNP). Additional sources of information that
may be reviewed include but are not limited to Certified Local Government annual reports
and other data, HABS/HAER records, the National Register Information System, the on-line
database for National Register sites, Calisphere Digital Resources, Online Archive of
California, Government Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical
societies and libraries, as well as inventory files and data on -file with other agencies that
control property near the area. The task shall also include a search for potential prehistoric
and/or historic burials (human remains) evident in previous site records and/or historical maps
(i.e., Sanborn Fire Insurance Maps, Government Land Office Plat Maps). A review of the
geological formations and a records search at the Natural History Museum of Los Angeles
County Department of Vertebrate Paleontology (LACM)shall also be conducted. The City
shall be the lead under AB 52 Tribal Consultation (if necessary). Please note that this
research alone does not satisfy the lead agency's requirements under AB 52.
Fees incurred by the LACM are estimated to be $250 for the paleontological records search
and are included in our cost. Fees incurred by the SCCIC to conduct the record search have
been estimated at $1,000 and are included as part of this estimated cost.
Note: The South Central Coastal Information Center (SCCIC) is currently closed due to
COVID-19 and conducting record searches is not possible. When the facility shut its doors,
they were running on an 8 -week delay in turn -around time. Consultant can conduct the field
survey without the record search data and provide an interim report, however, if record search
results do not agree with the results of our field survey, we may need to conduct an additional
field check before finalizing the report and a contract augment shall be required. The benefit
of this approach is to allow for draft CEQA documents and permit applications to be
completed while awaiting the record search data; however, Consultant shall employ the
direction of the City.
Consultant shall complete a field survey of the Proposed Project area. The cultural resources
survey shall be conducted in accordance with the professional standards as described by the
National Parks Service, Secretary of Interior's Standards and Guidelines, as amended for
Archaeology and Historic Preservation. Consultant cultural resources specialist shall survey
the Project area for the presence of:
• Prehistoric artifacts (e.g., flaked stone tools),
• Tool-making debris, stone milling tools,
• Historic artifacts (e.g., metal, glass, ceramics),
• Sediment discoloration (ex. midden, hearth features),
• Depressions and other features indicative of the former presence of structures or buildings
(e.g., post holes, foundations),
• Historic ruins, buildings, structures, and/or objects.
This cost estimate assumes one archaeologist and one paleontologist from Consultant shall
complete the survey within one 8 -hour day. This cost estimate assumes no cultural resources
shall be encountered during this survey. If cultural resources are identified, a revised scope
of work and cost may be necessary.
Letter Report
The results of the cultural resources study shall be summarized in a letter report which shall
include; the results of the literature review and field survey, proposed mitigation measures (if
any), and site photos and references. The letter report is assumed to contain up to 15 pages
of text, graphics, and appendices. A draft copy of the letter report shall be provided to the City
for review. This cost estimate assumes no more than four hours to address comments and to
finalize the letter report. If additional comments are received, a revised scope of work and
cost for additional review may be necessary.
Deliverables: One Draft and one Final electronic copy of the Archaeology Survey Report
Task P112- 2.5.2: Assembly Bill (AB 52) Tribal Consultation Support
The following task has been provided to support the City with AB 52 services, including but
not limited to; preparation of notification letters; tribal consultation and tracking; assessment
of information related to TCRs provided by the Tribe(s); and drafting appropriate mitigation
measures (as warranted). Up 16 hours have been included to provide support with this task,
as needed. If additional hours are needed to conclude AB 52 consultation an augmented cost
and scope may be required.
Note: Per the Governor's Executive Order (EO) N-54-20, the timeframes set forth for which
the tribe must request consultation and the lead agency must begin consultation are
suspended for 60 days (until June 22nd). Therefore, the entire tribal consultation process
may take longer than usually anticipated. The Draft EIR should not be circulated for public
review until the AB 52 consultation process has been concluded.
Task Ph2- 2.6: Transportation Services (Linscott, Law, and Greenspan)
Task P1112 -2.6.1: Project Mobilization
Linscott, Law, and Greenspan (LLG) shall be available to discuss the Project and analysis
criteria, confirm the study approach, identify pertinent traffic issues and concerns, and
formalize the Scope of Work for the VMT analysis and intersection analysis for the proposed
transportation improvement project. Coordination with Caltrans staff shall be completed, if
necessary, to confirm proposed work program meets the State's criteria/requirements,
especially as it relates to VMT assessments of transportation improvement projects.
In consultation with City of Newport Beach staff and Caltrans staff, LLG shall prepare a scope
of work agreement detailing the assumptions and overall requirements including the
significance thresholds for the VMT analysis and intersection analysis, and submit to City
staff for review and approval.
Task Ph2 -2.6.2: Data Collection and Research
Visit the Project study area to confirm existing conditions with respect to existing site
development, local area development, site access, parking use, and areas of congestion in
order to verify our overall understanding of traffic conditions in the area that might affect this
Project.
In conjunction with the site visit, document the existing roadway striping, traffic control
measures, curbside parking restrictions, intersection lane configurations, and other pertinent
roadway features.
Given the changes in travel patterns and lower activity due to COVID-19, conducting traffic
counts is not recommended. Therefore, this proposal assumes traffic data for the intersection
of West Balboa Boulevard/Superior Avenue at West Coast Highway shall be obtained from
readily available historical traffic count data from either City of Newport Beach staff and/or
traffic count companies.
If historical traffic count data is not available, conduct AM peak period (7:00 AM to 9:00 AM)
and PM peak period (4:00 PM to 6:00 PM) traffic counts at the intersection of West Balboa
Boulevard/Superior Avenue at West Coast Highway. The collected peak hour traffic counts
shall then be adjusted using a growth factor approved by City staff to develop existing Year
2020 baseline traffic conditions.
Task Ph2 -2.6.3: Formulation of Existing and Buildout Traffic Volumes
LLG shall confirm AM peak hour and PM peak hour existing traffic volumes for the intersection
of West Balboa Boulevard/Superior Avenue at West Coast Highway. Utilizing the Orange
County Transportation Analysis Model 5.0 (OCTAM 5.0), LLG shall develop AM peak hour
and PM peak hour buildout traffic volumes for the intersection of West Balboa
Boulevard/Superior Avenue at West Coast Highway.
Task P112 -2.6.4: Traffic Evaluation — Intersection Operations Analyses
LLG shall prepare AM peak hour and PM peak hour LOS operations analyses at the
intersection of West Balboa Boulevard/Superior Avenue at West Coast Highway for existing
conditions and buildout traffic conditions without and with the proposed improvements.
The evaluation shall be prepared using both the ICU methodology as required by the City and
the HCM method of analysis as required by Caltrans. The HCM analysis shall consider all
appropriate input parameters to accurately model the West Balboa Boulevard/Superior
Avenue at West Coast Highway intersection characteristics for the AM and PM peak commute
hours, including pedestrian crossing, vehicle queuing, roadway and lane storage geometrics,
and signal operational conditions.
LLG shall assess the potential benefits of the proposed improvements based on the results
of the peak hour intersection analyses (including reduced intersection delay, intersection
queuing and increased pedestrian safety), the City's General Plan LOS goals, and Caltrans
requirements.
Task Ph2 -2.6.5: VMT Analysis
LLG shall coordinate with City of Newport Beach staff and Caltrans staff to define the study
area as the size and shape of the study area can affect the analysis. LLG shall also determine
the analysis scenarios and confirm the approach for the VMT analysis.
Assuming the use of the Orange County Transportation Analysis Model 5.0 (OCTAM 5.0),
LLG shall conduct without and with Project VMT model runs. The without Project scenario
shall be prepared for the base year and the buildout year (Year 2035), assuming existing or
community plan/general plan land uses. The "with Project" scenario shall also be prepared
for the base year and the buildout year (Year 2035), assuming the Project network changes.
LLG shall compare the VMT for the Project against the Regional VMT. Compare the
cumulative VMT for the Project against the Regional VMT. LLG shall determine the Project
impact based on City of Newport Beach guidelines (if available), Caltrans guidelines, or based
on the Technical Advisory for Evaluating Transportation Impacts In CEQA, published by the
Governor's Office of Planning and Research (OPR), December 2018.
If necessary, LLG shall recommend appropriate mitigation measures to reduce the impact.
LLG shall also provide the Project team a toolbox of potential mitigation or Project alternatives
for consideration in the analysis.
LLG shall utilize the California Air Pollution Control Officers Association (CAPCOA) standards
or other applicable documents and determine if the selected mitigation measures reduce the
Project's VMT impacts to less than significant.
Task Ph2 -2.6.6: Preparation of Report
LLG shall prepare a Draft Report that details all of the above-mentioned items including their
analysis, findings and conclusions. The Draft Report shall be suitably documented with
tabular, graphic and appendix material. The report shall be submitted for screencheck review
by the appropriate members of the Project team, City staff and Caltrans staff.
If necessary, LLG shall revise the Draft Report to address project team/City staff and Caltrans
staff comments and provide a Final Report for inclusion into the Project's EIR. The Final
Report shall be suitably documented with all tabular, graphic and appendix materials.
Task Ph2- 2.6.7: Response to Comments
LLG shall coordinate with the Project team and/or City staff and Caltrans staff regarding
traffic -related comments received during the circulation of the Draft EIR.
LLG shall prepare and submit draft written responses to traffic -related comments received on
the Traffic Section of the EIR during the public review process. LLG shall update the
responses, if necessary, based on City and/or Project team comments and submit final draft
for inclusion in the Final EIR (8 hours of Senior Transportation Engineer support and 4 hours
of Principal Engineer support is allocated for this task).
Task Ph2 -2.6.8: Attendance at Meetings
LLG shall prepare for and participate in up to four conference calls with the project team
and/or City staff. For budgeting purposes, the average length of each conference call is
assumed to be one hour and shall be attended by the LLG Project Manager.
LLG shall prepare for and attend one EIR Scoping Meeting, if conducted. This component
includes preparation of specific presentation materials on traffic issues. For budgeting
purposes, the length of the EIR Scoping Meeting is assumed to be five hours and shall be
attended by the LLG Project Manager.
LLG shall prepare for and attend one City of Newport Beach City Council Meeting. This
component includes preparation of specific presentation materials on traffic issues. For
budgeting purposes, the length of the City Council Meeting is assumed to be five hours and
shall be attended by the LLG Project Manager.
Optional Task Ph2 -7: Hazardous Materials Assessment
The objective of the HMA shall be to evaluate whether hazardous materials or other adverse
environmental conditions are present due to past or present use of the site and/or properties
in the Project site vicinity. The services proposed by Ninyo & Moore for the HMA shall be
generally consistent with applicable sections of the ASTM International (ASTM) 2013
guidance (Designation Number E-1527-13) and the United States Environmental Protection
Agency Standards and Practices for All Appropriate Inquiries (AAI). Because the ASTM and
AAI standards were established to provide innocent landowner liability protection under
Comprehensive Environmental Response, Compensation, and Liability Act for the purchaser
of a property, the applicability of the ASTM/AAI standards shall be limited.
The HMA shall include the following tasks:
• A site visit to visually evaluate site characteristics for possible contaminated surface soil or
surface water, improperly stored hazardous materials, and possible sources and indications
of site contamination from activities at the Project site.
• A site and vicinity reconnaissance to evaluate characteristics of properties within and
adjacent to the Project area for possible hazardous materials influences on the project.
Properties adjoining the site shall be observed from public rights-of-way.
• Review of previous environmental reports conducted for the site, if provided by the City.
• If provided by City, review chain -of -title and environmental lien reports to evaluate probable
past site uses and their possible impact on the current environmental status of the site.
• A review of a computerized database search provided by Environmental Database
Resources (EDR) of readily available government and regulatory agency environmental lists
for the site and for properties located within approximately '/4 mile of the Project site. The
objective of the database search shall be to evaluate locations where hazardous materials
may have been used or stored and their possible effects on the site. On-site listings of
possible concern shall be further evaluated by reviewing readily available on-line
environmental documents for the site from regulatory agencies, or by interviewing regulatory
agency personnel. Ninyo & Moore's scope of services includes review of up to two agency
files for the site and an online review of agency files for the adjoining closed leaking
underground storage tank (LUST) case at 4625 West Coast Highway (Tosco Oil). Locations
of properties of concern shall be shown on maps of the site vicinity.
• Review State of California, California Geologic Energy Management Division's oil -field maps
and review of information, if any, provided by the California State Fire Marshal regarding oil
and natural gas pipelines in the site vicinity.
• Review of site and adjoining historical land use to provide an overview of past uses that
likely involved the use or storage of hazardous materials. Information that shall be used to
review the site history shall include readily available historical aerial photographs and historic
United States Geological Survey Topographic Maps. Ninyo & Moore shall attempt to note
historical site uses involving the use or storage of hazardous materials from the time when
the site was undeveloped or agricultural.
• Prepare an HMA report. The report shall provide a site location map, site visit notes, an
EDR database search report, site photographs, and a discussion of findings and conclusions
regarding the current environmental condition(s) of the site including the presence of
hazardous materials in the Project area and possible impacts to the Project.
Please note that Ninyo & Moore's proposed scope of services for environmental evaluation
does not include subsurface exploration, soil or water sampling, chemical analysis, or
evaluation of methane, lead, radon, or asbestos. Properties adjoining the site shall be
observed from public rights-of-way.
Assumptions
The following assumptions have been made in the preparation of Ninyo & Moore's scope of
services:
The visual observations made by Ninyo & Moore shall be limited to the surface area of the
site and contiguous properties. Subsurface explorations, soil sampling, surface and
groundwater sampling, and chemical analyses are not included as part of this scope.
• It is Ninyo & Moore's understanding that Caltrans may be reviewing the HMA, and have
included one round of comments in the estimated fee.
• Up to eight hours have been estimated to review agency records for the site. Up to four
hours have been estimated to review online agency records for the adjoining closed LUST
case at 4625 West Coast Highway (Tosco Oil). If during the course of the assessment,
additional adjoining facilities applicable to the site impact evaluation are discovered,
additional budget shall be requested in order to conduct agency research for those
addresses.
• Ninyo & Moore's fee and scope of services includes preparation of one written response to
review comments for our report. Subsequent consulting services, including preparing
additional written responses to subsequent review comments of our report, attendance at
meetings, or additional requested services, shall be provided on a time -and -materials basis.
TASK PH2 -3: ENVIRONMENTAL IMPACT REPORT DOCUMENTATION
Based on coordination with the City and results of the analysis within the technical studies,
Consultant shall prepare the appropriate CEQA Documentation for the City. Due to agency
involvement, potential permitting requirements, and location of the Project, we anticipate an
EIR to be the appropriate document, and this scope is outlined below.
Task Ph2 -3.1 :Notice of Preparation
Draft Notice of Preparation. Consultant shall prepare the Notice of Preparation (NOP) for
the Project. The NOP shall contain a description of the Project, a map showing the location
of the Project, and a summary of the probable environmental impacts.
Deliverables: One electronic PDF copy of the Draft NOP for City review.
Final Notice of Preparation. Upon receipt of the City's Comments, Consultant shall prepare
a Final NOP for public review. Consultant shall distribute copies of the NOP to the appropriate
responsible and trustee agencies, interested parties, and to the mailing list provided by the
City and shall file the NOP with the OPR and the County Clerk. The NOP shall be circulated
for a 30 day public review period. The comments that are received on the NOP shall be used
to further refine the project description or scope of EIR, if needed. The NOP, comments
received, and all correspondence shall be included in the EIR appendices.
Deliverables: Up to five hard copies and one CD containing an electronic PDF copy of the
NOP shall be provided to the City if requested. Up to 30 hard copies of the NOP for public
agency distribution. The NOP shall be submitted to the State Clearinghouse electronically for
filing.
Task Ph2 -3.2: Prepare Administrative Draft EIR
Conduct Environmental Impact Analysis. The document shall contain a section for each
environmental issue area. Discussion of each issue shall begin with a description of the
environmental setting. Impact evaluations for each environmental issue area shall contain the
following elements: (1) a statement identifying the impact and its significance; (2) a discussion
of the impact and methodology used to evaluate the Proposed Project; (3) cumulative impacts
evaluation; (4) applicable city policies and requirements; (5) recommended measures to
mitigate the impact; and (6) a statement identifying the level of significance after measures
are implemented.
The environmental factors that shall be
outlined in the EIR include:
• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
•Mandatory Findings of Significance
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
Assess Cumulative Impacts. In concert with City staff, Consultant shall develop a list of
ongoing or future projects in the area within a reasonable radius around the Project site to
develop the cumulative impact analysis. The Proposed Project's contribution to the overall
cumulative impact shall also be evaluated and discussed.
Analyze Alternatives. Consultant, in concert with City staff, shall develop a range of
reasonable alternatives to be evaluated in the EIR. Alternatives shall be assessed for their
ability to reduce or eliminate significant impacts of the project, while resolving public, as well
as agency concerns. As required by CEQA, the No Project Alternative shall also be examined.
For the purposes of this Project, we anticipate that up to three alternatives including the No
Project Alternative shall be analyzed in the EIR.
Prepare Other Required Sections. In addition to the sections discussed above, Consultant
shall prepare all other required CEQA sections, including: Table of Contents: an executive
summary; impacts of the Project found not to be significant; growth -inducing impacts of the
Project; any significant irreversible environmental changes that shall be involved with
continued operation of the Project; and a list of organizations and persons consulted.
Consultant shall also provide a Draft MMRP at the time of submittal of the screencheck Draft
EIR.
Deliverables: Up to three hard copies if requested and one electronic PDF copy of the
Administrative Draft EIR for City review.
Task Ph2 -3.3: Draft EIR
Draft EIR Preparation and Distribution. Upon Consultant's receipt of the City's review
comments, the Administrative Draft EIR shall be modified and the Draft EIR prepared.
Consultant shall prepare and distribute copies of the Draft EIR to the City, the OPR, and
affected public agencies. The Draft EIR shall be circulated for a 45 day public review period.
Deliverables: Up to 5 hard copies with appendices on CD, and one CD containing an
electronic PDF copy of the Draft EIR shall be provided to the City if requested. For the State
Clearinghouse submittal, 15 summary forms with the EIR on CD. Up to 15 CDs containing an
electronic PDF copy of the Draft EIR for public agency distribution.
Prepare/Distribute Notice of Completion/Notice of Availability. As soon as the Draft EIR
is completed, a Notice of Completion (NOC) must be filed with the OPR and a Notice of
Availability (NOA) must be filed with the County Clerk, and must be provided to the public,
either in a newspaper of general circulation, onsite, or through direct mail to contiguous
property owners. Consultant shall provide the Draft NOC/NOA to the City for their review and
approval.
Consultant shall distribute copies to the appropriate responsible and trustee agencies,
interested parties, and to the mailing list provided by the City and shall file the NOC with the
OPR and the NOA with the County Clerk. The NOC/NOA shall be circulated for a 45 day
public review period.
Deliverables: Up to five hard copies and one CD containing an electronic PDF copy of the
NOC shall be provided to the City if requested. Up to 25 NOC/NOAs to be sent via certified
mail.
Note: Per the Governor's Executive Order (EO) N-54-20, the public filing, posting, notice, and
public access requirements are suspended for a period of 60 days (until at least June 22). If
this EO is extended, the Project shall only be required to post materials on a public website
and submit notices electronically.
Task Ph2 -3.4 Prepare Final EIR
Coordinate before Preparation of Final EIR. After the 45 day circulation period on the Draft
EIR, Consultant shall evaluate the written comments received and attend a meeting with the
City on the approach for preparing response to comments. The approach may include a
comment matrix to track similar responses, depending on the volume of comments received.
After approach is decided upon, Consultant shall prepare a set of responses to comments.
Response to Comments. The Final EIR shall include each comment letter received, which
shall be followed by a response to each comment. Responses to comments received by the
City during the public review period shall be prepared. Consultant shall provide City staff with
a complete draft copy of the Response to Comments for review and shall modify the
Response to Comments in response to City review and comments. The Response to
Comments shall be contained within the Final EIR. Consultant shall distribute a complete and
final set of Response to Comments to each public and private organization commenting on
the Draft EIR.
It is assumed that no more than 25 comment letters, with an average of five comments each
(125 comments total), would be received and addressed. If more comments are received,
additional costs would be required to address them.
MMRP. Consultant shall prepare a Mitigation Monitoring and Report Plan (MMRP) as
required by CEQA. Consultant will work with the technical staff and the City to develop the
MMRP. Consultant shall provide a Draft Mitigation Monitoring and Reporting Plan (MMRP) at
the time of submittal of the Administrative Final EIR. The MMRP shall be incorporated into
the Final EIR.
Administrative Final EIR. After the City's review and comment on the Response to
Comments, the responses shall be finalized for inclusion in the Final EIR. Based on
comments from the public review and input from the City, some changes to the wording of
the Draft EIR may be needed. Any required changes shall be handled by including amended
text and/or graphics within the Final EIR. It is assumed that no new field work or substantially
new analyses or technical studies shall be required.
Findings of Fact (FOF) and Statement of Overriding Considerations, if necessary.
Consultant shall prepare Findings of Fact and if warranted, a Statement of Overriding
Considerations.
Deliverables: Up to three hard copies and one electronic PDF copy of the Administrative
Final EIR for City review.
Prepare Final EIR. Upon Consultant's receipt of the City's review comments, the
Administrative Final EIR shall be modified and the Final EIR prepared.
The Notice of Determination (NOD) is filed following the City Council's decision to carry out
or approve the Project for which the EIR has been prepared. Consultant shall prepare the
NOD and shall file the NOD with the OPR and the County Clerk. The City shall be responsible
for Fish and Game filing fees, if necessary.
Deliverables: Up to three hard copies and one CD containing an electronic PDF copy of the
Final EIR if requested. Up to five hard copies and one CD containing an electronic PDF copy
of the NOD. Up to 20 NODs to be sent via certified mail.
TASK PH2 -4: PROJECT MANAGEMENT/MEETINGS/PUBLIC HEARINGS
This task includes at least five Project meetings that would occur with City staff, either in
person or via conference call, not inclusive of the kickoff meeting (Task 1). This task also
includes all time that Consultant would spend managing our subconsultants (Vista
Environmental, Fuscoe Engineering, and LLG) as well as time for updating the Project
schedule as needed. Consultant has budgeted additional time and resources for up to four
public meetings and/or hearings. Group shall coordinate with the City to plan and present the
CEQA document at the community meetings/public hearings. It is assumed that internal staff
meetings, shall take no more than two hours, and community and public meetings shall take
no more than three hours each. Consultant shall attend any other additional meetings
requested by the Client on a time and materials basis.
Environmental Planning
Eunice Bagwan - Lead
,tSW PoR
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QA/QC
Corinne Lytle Bonine, PMP
Project Manager
Meghan Gibson
Air Quality, GHG, Noise
Vista Environmental
Cultural I Resources Visual Resources
Sandra Pentney, MA, RPA, ENV SP - Lead Fuscoe Engineering
Biological Resources Traffic Studies
Paul Morrissey -Lead Linscott Law & Greenspan Engineers
Hazardous Materials Assessment
Ninyo & Moore
EXHIBIT B-2
SCHEDULE OF BILLING RATES
Chambers Group, Inc. Page B-1
EXHIBIT B-2
FEE SCHEDULE
Amendment No. 2
Environmental Services for the West Coast Highway Widening and Pedestrian Bridge
Project
Task Ph2 — I: Project Initiation
Task Ph2 — 2: Project Description
Task Ph2 — 3: Environmental Impact Report Documentation
Task Ph2 — 4: Project Management/Meetings/Public Hearings
Total Not -To -Exceed Cost for Amend #2: $227,821.00
Total Not -To Exceed Cost for Entire Agreement: $389,038.00
Billing Rates
%k
CHAMBERS
c `IJ F<
BiLUNG RATES
STAFF. Charges for a#I professional, technical, and administrative
personnel directly charging time to the
project will be calculated and billed
onthe basis of the
following staff category hourly "Billing Rates-" Billing
Rates include fringe benefits, burden, and fee_
staff Title
Rate
Staff Trtle
Rate
Senior Director
$225 -OG
Managing Environ. Planner
$195.00
Director/Program Manager
$2WOO
Senior Environ Planner
$154.04
St. Project Manager
$165.00
Project Emriron Planner
$134.00
Project Manager
$140.0
staff Environ. Planner
$114.00
Environ Planner
$100.00
Assistant Environ. Wanner
$93.00
Managing Cultural Resources specialist
$165.00
Managing Dialogist / Botanist
'185.00
senior cultural Resources specialist
$134.00
Senior Biologist / Botanist
$149.00
Project Cultural Resources Specialist
$118-00
Project Biologist/ Botanist
$129.00
staff cultural Resources specialist
$103.00
staff Biologist/ Botanist
$113.00
cultural Resources. specialist
$92.00
8ialogist/ Botanist
$103.00
Assistant cultural Resources specialist
$73.00
Assistant Biologist / Botanist
$93.00
Senior GIs Analyst
$147.00
Managing Restoration Director
$133.00
staff GLS Analyst
$122.00
Restoration Specialist Foreman
(Foreman)
$78.00
GISTechnician
$107.00
Restoration Specialist
$41.04
Maintenance Labor
Project Controls Specialist
$93.00
Project Assistant/7ech.Editor
$92.00
Word Processor
$72_W
Ciericai/Tedhnkian
562.04
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 City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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, two million dollars ($2,000,000) 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).
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
Chambers Group, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. 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:
Chambers Group, Inc. Page C-2
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 Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
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.
Chambers Group, Inc. Page C-3
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. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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.
Chambers Group, Inc. Page C-4
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, September 15, 2020 5:26 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number 8020-4
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. 8020-4 Chambers Group, Inc.
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH CHAMBERS GROUP, INC. FOR
ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 10th day of September, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a
California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750,
Santa Ana, CA 92707, and is made with reference to the following:
RECITALS
A. On May 1, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide professional
environmental services and support for the Superior Avenue Pedestrian and
Bicycle Bridge and Parking Lot Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. 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 to the Agreement and Exhibit A to this 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.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be amended in its entirety and replaced to include
the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by
reference ("Services" or "Work"). Exhibit B to Amendment No. One shall be known as
"Exhibit B."
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 and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Sixty One
Thousand Two Hundred Seventeen Dollars and 00/100 ($161,217.00), 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
Forty Four Thousand Two Hundred Forty Two Dollars and 00/100 ($44,242.00).
3. 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]
CHAMBERS GROUP, INC. Page 2
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: 812 V;Z611
By: 6G-4,,�
Po/"Aaron C. Harp \A
City Attorney o�v
ATTEST:
Date: �G
111 !11
Nt I
.2m.1re
"I a — -Pm-,b
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: o�
C J
By:
Diane B. Dixon
Mayor
CONSULTANT: CHAMBERS GROUP,
INC., a California corporation
Date:
Signed in Counterpart
By:
Mike McEntree
Vice President/Chief Operating Officer
Date:
Signed in Counterpart
Alex Gurrola
Chief Financial Officer/Chief Executive
Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
CHAMBERS GROUP, INC. Page 3
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: 8l 2 glLc; (I
By: 01-�c
Fot*Aaron C. Harp
City Attorney
ATTEST:
Date:
UO- 3
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: CHAMBERS GROUP,
INC. a Caif nia corp tion
Date: I T I
By: KA
Mike McEntree
Vice President/Chief Operating Officer
Date:
By:
Alex Gurr'ola
Chief Financial Officer/Chief Executive
Officer
[END OF SiGNA TIORES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
CHAMBERS GROUP, INC. Page 3
EXHIBIT
SCOPE OF SERVICES
CHAMBERS GROUP, INC. Page A-1
EXHIBIT A
SCOPE OF SERVICES
Amendment No. I
Environmental Services for the Superior Avenue Pedestrian & Bicycle Bridge and Parking Lot
Project
Consultant shall accomplish the scope of work as described below.
Task 8:1 Additional Visual Simulations
Subconsultant (Estrada Land Planning) will provide simulations for two additional key viewpoints (in
addition to the 4 previously scoped) for the steel truss bridge design. Subconsultant will provide
simulations for the six key viewpoints for the concrete span bridge design. These services include.
1. Model and render new concrete bridge into 3-D model
2. Export 3-D model to photoshop.
3. Edit six simulations in photoshop.
4. Revise simulations per City's comments (1 round).
Task 10: California Coastal Commission Jurisdictional Delineation
The California Coastal Commission (Commission), through provisions of the California Coastal Act, is
empowered to issue Coastal Development Permits for any project located within the Coastal Zone.
The Commission's definition of wetlands, as defined in Section 30121 of the Coastal Act and Title 14
§13577 of the Commission's regulations. is distinctly different from the United States Army Corps of
Engineers' (USACE) definition of wetlands. According to the Commission's regulations. wetlands are
defined as `land where the water table is at, near, or above the land surface long enough to promote
the formation of hydric soils or to support the growth of hydrophytes." Both definitions focus on three
fundamental wetland characteristics: hydrology, soils, and vegetation. However, while the USACE
definition requires the existence of all three wetland characteristics for an area to be considered a
wetland, the Commission's definition of wetlands is based on the existence of only two characteristics:
wetland hydrology and either a prevalence of hydrophytic vegetation or formation of hydric soils
(exceptions include certain areas that lack wetland soils and vegetation for one reason or another). It
is noted that under certain circumstances, reliable indicators of all required characteristics are not
necessarily apparent, and like Commission wetlands these areas may be delineated as wetlands by
the USACE on the basis of indicators of only two of the three characteristics. The Commission routinely
makes jurisdictional wetlands determinations based on the presence of one characteristic indicator
(i.e., wetland soils or vegetation) unless there is substantial evidence that this indicator is not valid.
Nevertheless, the presence of wetland hydrology during some portion of most years is fundamental to
the existence of any wetland. However, the Commission will typically assume the presence of wetland
hydrology when there is insufficient evidence to conclusively refute the presence of wetland hydrology
and when there is a prevalence of hydrophytic vegetation or the formation of hydric soils.
Chambers Group will review available maps and documents pertaining to any wetland and/or
jurisdictional resources on site; including vegetation maps biological survey documentation, and aerial
photographs of the area, prior to conducting any fieldwork on site. Aerial photographs and topographic
maps will be used to aid in the identification and mapping of potential jurisdictional
wetlands/waterbodies. A Chambers Group wetland delineator will identify and delineate areas located
both on site and immediately adjacent to the project area that fall under the wetland regulatory
jurisdiction of the Commission using the approach and delineation methodology described above. This
will entail using the currently accepted methodology prescribed in the USACE 1987 Wetland
Delineation Manual and the USACE 2008 Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Arid West Region (Version 2) to map the boundaries of any Commission
jurisdictional wetlands. Photographs will be taken to document the current conditions of any such
wetlands.
Following completion of the fieldwork, Chambers Group will incorporate the methods and results of
the delineation fieldwork into a draft report. This will include text describing the results of the limits of
jurisdiction pursuant to Commission regulations. In addition. the report will include a map showing the
location of any Commission jurisdictional wetlands on or adjacent to the project site and representative
photographs of these wetlands. Any wetland data sheets will be provided as an appendix to the report.
Chambers Group anticipates no more than one round of client/project team review and revisions to
the draft report before finalizing the jurisdictional delineation report.
Assumptions
• This scope of work does not include agency consultations, permitting services, or subsequent follow-
up meetings with the client.
• Meetings and coordination with the agencies regarding the results of the Jurisdictional Delineation
are provided in Optional Task 12.
• The cost for this task includes the field survey, ODC's including travel and equipment, and reporting
services.
Task 11. Coastal California Gnatcatcher Focused Surveys and Report
Chambers Group's team of qualified and USFWS permitted biologists will conduct focused surveys
within the project site for coastal California Gnatcatcher (CAGN) according to the Coastal California
Gnatcatcher (Polioptila califomica califomica) Presence/Absence Survey Guidelines (USFWS 1997),
and includes a 500 -foot buffer, where feasible. The appropriate USFWS field office will be notified prior
to surveys. Three (3) surveys will be conducted at least one (1) week apart from each other; in
accordance with surveys conducted in NCCP/HCP jurisdictions. Complete bird lists will be maintained
for each survey day. The locations of the target species and other sensitive species and/or their nests
will be documented in field notes and/or approved data sheets, recorded with a handheld Global
Positioning System (GPS), mapped onto high-resolution aerial photographs, and photographed clearly
showing the location of the species in reference to work areas. Observed territories will be drawn
directly onto high-resolution aerial photographs on each survey, resulting in a comprehensive territory
map at the close of the season. These territory maps will then be transcribed using GIS software. If a
CAGN is identified during the survey efforts; Chambers Group will notify the City immediately to
discuss the need for a formal or informal consultation with the agencies.
Following the completion of the CAGN survey effort. Chambers Group will complete a 45 -day report
of results in accordance with the 1997 USFWS protocol. The draft report will be issued for comment
and review within three weeks of the completion of the surveys. Chambers Group will incorporate one
(1) round of comments into a Final Report within ten (10) business days of receipt of comments on the
Draft Report. One electronic copy and up to three hardcopies (upon request) of the final report will be
provided. The final report will then be submitted to the USFWS and CDFW as appropriate.
Assumptions
• The cost for this task includes approximately three (3) full days for one permitted CAGN biologist;
ODC's including travel and equipment, agency notification, and reporting.
• This scope of work does not include agency consultations, permitting services, or subsequent follow-
up meetings with the client.
• Meetings and coordination with the agencies regarding the results of the CAGN surveys are provided
in Optional Task 13.
'Task 12: Meetings and Coordination Regarding Jurisdictional Delineation
Since Commission wetlands have been identified on the project site, Chambers Group recognizes that
in-person meetings with City of Newport Beach (City) representatives and perhaps Commission staff
may be needed to discuss and resolve issues involving the wetlands and the proposed project
activities. It may also be necessary for Chambers Group biologists to discuss these issues via phone
calls (video/audio conference calls) or via email. Therefore, Chambers Group has allocated a
maximum of 20 hours for a Senior Biologist and 10 hours for the Director of Biology to 1) attend
meetings where Commission wetland jurisdictional issues need to be discussed, 2) participate in video
or audio conference calls, and 3) communicate via email or other online means. The hours specified
above include travel time for requested meetings.
Assumptions
• This scope of work does not include permitting services or subsequent preparation of documents,
including letters or memoranda.
• If additional hours are needed beyond what is specified in this proposal, a subsequent change order
will be required.
Task 13: Meetings and Coordination Regarding Coastal California Gnatcatcher Informal
Consultation
Chambers Group understands that if sensitive resources are present, preparation of additional
avoidance and protection measures may be required to address potential direct and indirect impacts
to the species. Although low quality habitat for CAGN is present within portions of the project site, the
likelihood of CAGN to be present on site is low. Presence or absence of this species will be confirmed
through focused CAGN surveys as described above. Therefore; Chambers Group proposes to assist
the City during negotiations with the agencies for an informal Section 7 consultation. This scope does
not include a formal Section 7 consultation. Chambers Group has allocated a maximum of 20 hours
for a Senior Biologist and 10 hours for the Director of Biology to attend a site visit with the agencies
as part of the negotiation process. This optional task may include Chambers Group biologists to
discuss these issues via phone calls (video/audio conference calls), in person at the City office, or via
email. This task may also include the preparation of a memo regarding updates on surveys, sensitive
resource issues, avoidance and minimization measures, and other relevant project information.
Assumptions
• This scope of work does include informal permitting services such as meetings with the City and
agencies, and subsequent preparation of a memo document.
• If additional hours are needed beyond what is specified in this proposal, a subsequent change order
will be required.
EXHIBIT B
SCHEDULE OF BILLING RATES
CHAMBERS GROUP, INC. Page B-1
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot
(it", it vl�Wpof! .1 r
A' ,'
R U P
19
4 ' = CHAMBERS
/ll�' GROUP
CHAMBERS
Chambers Group, Inc.
Commercial Terms
BILLING RATES
Charges for ali professional, technical, and
administrative personnel cirectly charging time to the
project will oe
calculated and billed on the basis of the following
staff category
hourly "Billing Rates." Billing Rates include fringe benefits,
burden, and fee.
Staff Title
Rate
Staff Title
Rate
Senior Director
220.00
Managing Environ. Planner
180.00
Director/Program Manager
195.00
Senior Environ. Planner
150.00
Sr. Project Manager
160.00
P,oject Environ. Planner
130.00
Project Manager
135.00
Staff Environ, Planner
110.00
Environ. Planner
100.00
Assistant Environ. Planner
90.00
Managing Cultural Resources Specialist
160.00
SemorCultural Resources Specialist
130.00
Managing Biologist/ Botanist
180.00
Project Cuitural Resou-ces Specialist
115.00
Senior Biologist / Botanist
145.00
Staff Cultural Resources Specialist
100.00
P•oject Biologist / Botanist
12500
Cultural Resources Speclaiist
90.00
Staff Biologist / Botanist
110.00
Assistant Cultural Resources Specialist
70.00
B ologist / Botanist
100.00
Assistant Biologist / Botanist
90.00
Senior GIS Analyst
143.00
Staff GIS Analyst
118.00
GIS Technician
103.00
Project Controls Specialist
90.00
Project Assistant/tech. Ed for
80.00
Word Processor
70.00
Cierical/Technician
60.00
The full scope of work detailed in Exhibit A will be executed
for a not -to -exceed amount of $161,217.00
19
4 ' = CHAMBERS
/ll�' GROUP
IQ
PROFESSIONAL SERVICES AGREEMENT
WITH CHAMBERS GROUP, INC. FOR
ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 1st day of May, 2019 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
CHAMBERS GROUP, INC., a California corporation ('Consultant'), whose address is 5
Hutton Centre Drive, Suite 750, Santa Ana, CA 92707, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional environmental services
and support for the Superior Avenue Pedestrian and Bicycle Bridge and Parking
Lot Project ('Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ('Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Sixteen
Thousand Nine Hundred Seventy Five Dollars and 00/100 ($116,975.00), 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.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Chambers Group, Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
S. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John Thomason to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
Chambers Group, Inc. Page 3
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
Chambers Group, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. 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 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
Chambers Group, Inc. Page 5
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
Chambers Group, Inc. Page 6
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
Chambers Group, Inc. Page 7
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Mike McEntree, Chief Operating Officer
Chambers Group, Inc.
5 Hutton Centre Drive, Suite 750
Santa Ana, CA 92707
Chambers Group, Inc. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Chambers Group, Inc. Page 9
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Chambers Group, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTOR EY'S OFFICE a California municipal corporation
Date: 4 I q Date: 41'Z3-19
By: a�k e in indi�,�
fb(; Aaron C. Harp
City Attorney dO
ATTEST: ( !q I
Date:
By: okvv/W hW�,,
Leilani I. Brown
City Clerk
By:
Gr e X. Leung
Ci anager
CONSULTANT: Chambers Group, Inc., a
California corporation
Date:
Signed in Counterpart
By:
Mike McEntree
Vice President / Chief Operating Officer
Date:
Signed in Counterpart
By:
Alex Gurrola
Chief Financial Officer / Chief Executive
Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Chambers Group, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: �k �u�,
pbj; Aaron C. Harp �a�a
City Attorney d`m
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT: Chambers Group, Inc., a
California corpgratiop
Date: H 9 Z-& I I `t
Mike McEntree
Vice President / Chief Operating Officer
Chief Financial Officer / Chief Executive
Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Chambers Group, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Chambers Group, Inc. Page A-1
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot
City of Newport Beach
Exhibit A. Scope of Work
A. Work Plan
CHAMBERS
GROUP
Chambers Group has worked on hundreds of environmental projects throughout Orange County, and has a working
relationship with local offices for regulatory agencies involved in such projects regarding the implementation of CEQA/
NEPA. The work plan described herein will be done at our office in Santa Ana.
The following scope of work includes tasks and technical studies required to prepare a defensible, thorough, and
objective FONSI/ND or MND for the proposed project. As noted above, this project includes federal Congestion
Mitigation and Air Quality (CMAQ) funds and therefore requires both CEQA and NEPA analyses. The work plan below
therefore includes detailed information on how Chambers Group will prepare an Initial Study/Environmental
Assessment (EA/IS), the findings of which will inform whether we proceed with a Finding of No
Significant Impact/Negative Declaration (FONSI/ND) or FONSI/Mitigated Negative Declaration (FONSI/MND).
To save time and reduce costs, Chambers Group will use previously prepared studies provided by the City if available.
The team will also assure consistency in the use of thresholds of significance, related projects, and cumulative impacts
analysis with environmental documents that have already been prepared for other similar projects in Orange County.
Task 1 : Project Initiation
Task 1 . 1 — Kick-off Meetings, Site Visit, and Data Collection
Upon receipt of the Notice to Proceed (NTP), Chambers Group's Project Manager will coordinate a meeting with City
staff to discuss the project site, project description, and specific project issues, as well as to receive available Project
information.
Task 1.1 includes a comprehensive site visit to take photos, verify technical study data, and note taking to ensure an
accurate analysis. Chambers Group will coordinate with the City to obtain all relevant data and background
documentation and review recent environmental documentation of similar projects.
• Chambers Group will attend one Kick -Off Meeting.
• Chambers will conduct one preliminary site visit.
• Meeting minutes.
Task 1 .2 — Project Description and Alternatives
Chambers Group will work with the City and the rest of the project team to develop a project description for the EA/IS.
This will include an overview of the project, the project's purpose, a discussion of No Project/Action, a detailed
description of the Proposed Project/Action, and up to three alternatives to be developed with the City. Alternatives will
be assessed for their ability to reduce or eliminate significant impacts of the proposed project, while resolving public
and agency concerns. As required by CEQA and NEPA, a No Project/ Action alternative will be examined.
• Project description and alternatives.
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CHAMBERS
GROUP
www.chan�bei�groupinc.%om
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot
City of Newport Beach
Task 2: EA/IS
Task 2.1 : Draft EA/IS
The joint EA/IS will be prepared pursuant to CEQA Public Resources Code, Division 13, Environmental Protection, and
the Council on Environmental Quality (CEQ) Regulations for Implementing the National Environmental Policy Act (Parts
1500 to 1508). This document will examine each of the topic areas required by the City in the RFP, listed below. Based
on Chambers Group's preliminary research, as mentioned above, we believe that the appropriate level of
documentation will be a FONSI and either an ND or MND. If the EA/IS determines that the appropriate level of
documentation is an Environmental Impact Report (EIR)/Environmental Impact Statement (EIS), Chambers Group will
prepare an amended scope and fee for the City. Chambers Group believes that the most legally -defensible option for
the CEQA thresholds to be analyzed in the EA/IS are the updated guidelines that were adopted by the Office of Planning
and Research (CPR) at the end of 2018,
In addition, Chambers Group will prepare a Notice of Preparation (NOP) in compliance with CEQA. The publishing of
the NOP will be followed by a 30 -day public scoping period to provide the public the opportunity to comment on the
EA/IS.
Aesthetic Resources
The Aesthetics Section will address potential impacts to visual resources, including glare, from the proposed project.
This will include a qualitative discussion of views into and out of the Project site and will focus on views of the coast to
the west of the Project site.
Agriculture and Forestry Resources
Chambers Group has determined that no agricultural land or forestry resources exist on or adjacent to the project site.
This topic area will be screened out in the EA/IS and will not be analyzed further.
Air Quality Greenhouse Gases, and Climate Change
Our subconsultant, Vista Environmental, will prepare an Air Quality and GHG Report Emissions Report (described in
detail below); the Air Quality and Greenhouse Gas Emissions analysis in the EA/IS will be based on this report. If it is
found that further study is required, a more detailed analysis will occur in the FONSI/ND or MND (described below).
Biological Resources
A Chambers Group biologist will examine the site and research existing laws, regulations, and policies as they relate to
the project site and prepare a Natural Environmental Study — Minimal Impact (NES -MI) Report, described below.
Chambers Group possesses extensive experience in Orange County as it relates to wildlife, habitat, and mitigation
requirements, particularly in the Coastal Zone. Specifically, biologists with Chambers Group have conducted protocols,
completed technical documents and permitting, and strategized mitigation for a variety of sensitive species and
habitats within the County. The biological resources section will detail the findings of this effort.
Cultural Resources and Tribal Cultural Resources
A Chambers Group qualified archaeologist will examine the site and research existing laws, regulations, and policies as
they relate to the project site. Chambers Group possesses extensive experience in Orange County as it relates to both
archaeological and paleontological resources and issues. As with our biologists, archaeologists with Chambers Group
have conducted protocols and completed technical documents and permitting within Orange County.
The cultural and tribal cultural resources section will be based on the Cultural and Archaeological Resources Report as
well as the results of the AB 52 process, both of which are described in detail below.
= CHAMBERS
/INS GROUP
www-chamhersgruupirc.corn
Proposal: Environmental Services for Superior Avenue >.a
Pedestrian and Bicycle Bridge and Parking Lott
City of Newport `e_iv_ GROUP
Energy
Chambers Group will analyze the potential energy impacts of proposed project, with particular emphasis on avoiding
or reducing inefficient, wasteful, and unnecessary consumption of energy. This section will evaluate total energy
consumption and efficiency as it relates to both construction and operation of the proposed project.
Geology and Soils
A Chambers Group geotechnical expert will analyze the geology and soils at the project site. Additionally, Chambers
Group will conduct a paleontological literature review, which will include a review of geological maps covering the
proposed project site to determine the fossil -bearing rock units underlying the study area and archival searches for
fossil specimens or unique geological formations reported within the proposed project site and one-half mile research
buffer. Research will also include a review of published and unpublished reports relevant to the paleontology and
geology of the proposed project site. The results of this assessment will be used to determine if further analysis is
warranted in the FONSI/ND or MND.
Hazards & Hazardous Materials
Chambers Group will assess the potential hazards and hazardous materials found on-site or adjacent to the proposed
project based on a literature review of previous activity at that location. Additionally, any public health and safety
concerns will be identified for further study, if necessary. Such concerns are likely to be limited to haul routes and
construction -related activities that would occur upon Project implementation.
Hydrology and Water Quality
A Chambers Group hydrologist will examine potential impacts of the Project on the hydrology of the Project site or
water quality in the area. This initial analysis will determine if further study is warranted in the FONSI/ND or MND.
Land Use & Planning
Chambers Group will assess any potential conflicts with the City's General Plan or Zoning Ordinance that could be
caused by the construction of the park, or if the park could lead to population growth in the City or a need for additional
housing. It is not anticipated that this topic area will require further evaluation.
Noise Analysis
Our subconsultant, Vista Environmental, will prepare a Noise Assessment (described below). The Noise analysis in the
EA/IS will be based on that assessment. This topic will be further addressed in the FONSI/ND or MND, if necessary.
Population & Housing
Chambers Group will determine if the Project has the potential for significant impacts with respect to causing
population growth in the City. It is not anticipated that this would occur and is therefore unlikely that further study is
required.
Public Services
Chambers Group will provide an evaluation of potential impacts for identified public services that could result from
implementation of the Project. Public services analyzed will include fire protection, law enforcement, schools, and other
public facilities such as other parks, libraries, and post offices. It is not anticipated that potential impacts would occur
with respect to public services.
Recrec'
Because the proposed Project is associated with accessibility to an existing park, further study of recreational resources
would not be required as no such facilities would need to be expanded or constructed as a result of Project
implementation.
,W700l 3
CHAMBERS
�gIYc GROUP NNrr.Chdnti}erSCl 1)1 m
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot �.
pity of Newport Beach GROUP
Transportation
Chambers Group does not anticipate transportation or traffic impacts due to the construction or operation of the
proposed park, although Fehr and Peers is included on our team to analyze traffic issues if the City determines that it is
warranted.
Utilities & Service Systems
This section will include an evaluation of potential impacts for identified Utilities and Service Systems that could result
from implementation of the proposed project and if further analysis should be undertaken in the FONSI/ND or MND.
Utilities and Service Systems include wastewater treatment facilities, storm drainage facilities, water supply and
treatment, and solid waste disposal.
Wildfire
This section will include an evaluation of potential impacts associated with wildfire risks that could result from
implementation of the proposed project. Because of the Project's location we do not anticipate this topic will require
evaluation beyond the EA/IS.
• Chambers Group assumes two rounds of review of the Draft EA/IS.
• One (1) electronic copy of the Draft EA/IS in Microsoft Word and PDF format.
• One (1) electronic copy of the Final EA/IS in Microsoft Word and PDF format.
• One (1) electronic copy of the Draft NOP and Final NOP in Microsoft Word and PDF format
Task 2.2: Air Quality and Greenhouse Gas Emissions Assessment
Vista Environmental will prepare an Air Quality and Greenhouse Gas (GHG) Emissions Report as described by the scope
of work below.
Task 2.2.1 - Air Quality Section
• Identify the existing air quality setting in the area.
• Identify applicable federal, state, and SCAQMD's rules and regulations and identify current attainment status of
federal and state standards, and current SCAQMD attainment plans.
• Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air
Resources Board (CARE) data sources. Data will be obtained for air pollutants, including; ozone, nitrogen dioxide
(N021, and particulate matter (PM 10 and PM2.5).
• Identify SCAQMD's thresholds of significance for the criteria pollutants.
• Provide a project consistency analysis with SCAQMD's Air Quality Management Plans (AQMP). The consistency
analysis will determine if the project will contribute to air quality violations and if it will comply with AQMP control
measures.
• Evaluate and quantify regional criteria pollutant emissions associated with each phase of construction activities
utilizing the CaIEEMod Model and construction assumptions obtained from the client. If significant regional
pollutant emission levels are found to be created from construction activities, feasible mitigation will be developed
and quantified.
• Evaluate local NOx, CO, PM10, and PM2.5 emissions at the nearby homes from each phase of and construction
activities for the proposed project utilizing SCAQMD's Lookup Tables and the methodology described in Localized
100c.o� 4
CHAMBERS
�ifty� GROUP w,, v/chamn?isgioupwc -com
Proposal: Environmental Services for Superior Avenue CHAMBERS
Pedestrian and Bicycle Bridge and Parking Lot GROUP
�
City of iVewport Beach G R O U P
Significance Threshold Methodology, prepared by SCAQMD, July 2008. If significant local pollutant emission levels
are found to be created from construction activities, feasible mitigation will be developed and quantified.
• Provide a qualitative analysis of the construction -related toxic air contaminant (TAC) impacts from the proposed
project and detail how due to the limited duration of construction activities that the cancer and non -cancer risks
would be less than significant.
• Provide a qualitative odor analysis from construction of the proposed project. The odor analysis will identify the
potential sources of odors and the number of variables that can influence the potential for an odor impact as well
as providing detail of what constitutes a significant odor impact.
• Provide a qualitative operational analysis that details how the expansion of an existing parking lot area would not
generate additional vehicle trips as the trips would occur with or without the project and how the operation of the
pedestrian and bicycle bridge and walkways would generate only nominal vehicle emissions associated with
maintenance activities that would result in less than significant criteria pollutant and odor emissions.
• Prepare an air quality section for an Initial Study documenting the results of the previous work tasks. Prepare an
appendix that contains the CalEEMod printouts and any other calculations printouts used in preparation of the air
quality section.
Task 2.2.2 - Greenhouse Gas Emissions Section
• Identify greenhouse gases (GHGs) and their associated impacts to global climate change.
• Identify applicable international, federal, state, SCAQMD rules and regulations.
• Identify SCAQMD's draft thresholds of significance for greenhouse gases.
• Evaluate and quantify GHG emissions associated with construction activities for the proposed project through
utilization of the CaIEEMod Model run used in the Air Quality Analysis.
• Provide a qualitative operational GHG emissions analysis that details how the expansion of an existing parking lot
area would not generate additional vehicle trips as the trips would occur with or without the project and how the
operation of the pedestrian and bicycle bridge and walkways would require only nominal electric lighting GHG
emissions and vehicle -related GHG emissions associated with maintenance activities.
• Compare the operational GHG emissions to all applicable GHG emissions thresholds including AB 32, AB 197, SB
32, SB 375, and SCAQMD's draft GHG emissions thresholds. If the GHG emissions exceed any applicable thresholds,
provide mitigation to reduce the GHG emissions to less than significant.
• Determine if the proposed project would conflict with any applicable plan, policy or regulation of an agency
adopted for the purpose of reducing the emissions of greenhouse gases.
• Prepare a greenhouse emissions section for an Initial Study documenting the results of the previous work tasks.
Prepare an appendix that contains the CaIEEMod printouts and any other calculations printouts used in preparation
of the greenhouse gas emissions section.
Task 2.3: Noise Assessment
Vista Environmental will prepare a Noise Assessment as described by the scope of work below.
• Provide a project description that details the project components, the project location and nearby sensitive
receptors.
• Identify applicable City of Newport Beach noise and vibration regulations and thresholds of significance.
• Evaluate the existing noise environment and obtain four (4) short-term (approximately 15 minutes} noise
measurements in the vicinity of the project site in order to determine the existing ambient noise conditions at the
nearby homes to the project site.
, .0
— CHAMBERS
GROUP
5
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Proposal: Environmental Services for Superior Avenue CHAMBERS
Pedestrian and Bicycle Bridge and Parking Lot
City of Newport Beal GROUP
• Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1.1 to analyze
potential noise impacts to the nearby homes from each phase of construction activities for the proposed project.
Compare the results to the applicable City noise standards. If necessary, develop mitigation to minimize the noise
impacts from construction activities at the nearby sensitive receptors.
• Analyze potential vibration impacts associated with the use of heavy off-road equipment during construction
activities through application of the methodology used in the Transportation- and Construction -Induced Vibration
Guidance Manual (Vibration Guidance Manual), prepared for Caltrans.
• Obtain reference noise measurements of the typical noise producing activities at similar city parking lots and
pedestrian walkways. Utilize a version of the FHWA noise prediction model and the reference noise measurements
to calculate the operational onsite noise source impacts to the nearby homes and compare the results to the City's
stationary noise standards. If an exceedance is found provide feasible mitigation to reduce the noise impacts to
less than significant levels.
• Provide a qualitative operational vibration analysis that details how the operation of the proposed project would
not include any known sources of vibration and would result in less than significant vibration impact.
• Prepare a noise section for an Initial Study documenting the results of the previous work tasks. Prepare an appendix
that contains the RCNM printouts and any other calculations printouts used in preparation of the noise section.
Task 2.4: Cultural and Archaeological Resources Reports and AB 52 Compliance
The tasks outlined below fulfill an Archaeological and Paleontological Resources Assessment pursuant to California
Environmental Quality Act (CEO,A), which includes literature reviews, field surveys, Sacred Lands File Search, AB 52
notification and consultation (if needed), and CEQA technical reports.
In addition, in cultural resources investigation for the preparation of an Archaeological/Historical Survey Report
(ASR/HSR) for the proposed Project Due to the scope and nature of the Project, it has been determined that Caltrans
review is a necessary component of the undertaking. Accordingly, a cultural resources investigation, in accordance with
Caltrans Standard Environmental Reference Volume 2 (SERv2) documentation guidelines is required.
The Archaeological Resources work will be overseen by Cultural Resources Director, Mr. Ted Roberts M.A. RPA. Mr,
Roberts meets the Secretary of the Interior Qualification Standards for Archaeology. The following scope will satisfy
requirements under Caltrans Section 106 as well as adhere to all scheduling constraints outlined for the project.
Chambers Group will conduct a Cultural Resources Literature Review, including a review of the findings of a records
search through the California Historical Resources Information System (CHRIS) database at the South Central Coastal
Information Center (SCCIC) housed at California State University, Fullerton. The records search will review relevant
previously recorded cultural resources, previous investigations, and historic maps within a surrounding 0.5 -mile search
radius. Information to be reviewed will include location maps for all previously recorded cultural resources, previously
conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated
reports, historic maps, and historic addresses. Chambers Group will also review properties listed on/as the California
Points of Historical Interest (CPHI), California Historical Landmarks (CHL), Caltrans Historic Highway Bridge Inventory,
California Historical Resources Inventory, local city and county registries of historic properties, the California Register
of Historic Resources (CRHR), and the National Register of Historic Places (NRNP). The task will also include a search for
potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps.
Currently, the information center estimates a one-month turnaround to provide archival searches and analysis. The
record search can be expedited by doing it in person but cost for the task will be increased to due to staffing.
JWA� 6
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/Ih� GROUP i ,^i. z'cdni D-rsgn7 j)ii ^-gym
Proposal: Environmental Services for Superior Avenue I
Pedestrian and Bicycle Bridge and Parking Lot C HAii L
City of Newport Beacr. GROUP
• Archaeological Literature Review results will be incorporated into the results section of the final CEQA
Archaeological Technical Report.
Chambers Group will also request that the Native American Heritage Commission (NAHC) conduct a search of its Sacred
Lands File (SLF) to determine if cultural resources important to Native Americans have been recorded in the project
area. The NAHC will provide a list of projects affiliated Tribal Groups and representatives contact information that may
have knowledge of cultural resources and sacred lands near the project area. In the event the City of Palmdale (City)
would like to send letters to each tribal represented listed on the NAHC list, then The Sacred Lands File search and
NAHC contact will include a 0.5 -mile radius around the project area utilizing the project footprint. Additionally, the
results of archival research discussed above will provide the baseline data to determine if there is any previous
documentation of tribal cultural resources within or near the proposal project area. It is assumed that the City will take
the lead on AB -52 Tribal Consultation regarding any potential Tribal Cultural Resources within the proposed project
area.
• Sacred Lands File results and consultation correspondence will be incorporated into the Archaeological Technical
Report.
C
Chambers Group will perform AB 52 Tribal Consultation Support on behalf of the City. As the Lead Agency, the City is
required to provide formal notification to the designated contact or tribal representative of traditionally and culturally
affiliated Native American tribes within the geographic area.
Our team will prepare notification letters that include a brief project description and a map of the proposed project.
Then, we will consult with the tribes to develop appropriate mitigation measures to avoid or minimize impacts to tribal
cultural resources.
• Consultation correspondence with involved parties and all documents will be incorporated into the
Archaeological Technical Report.
To satisfy Caltrans and CECtA requirements, a Chambers Group archaeologist will conduct an Archaeological
Reconnaissance Survey of the undeveloped project area. The archaeologist will be equipped with a sub -meter accurate
GPS unit that will have the proposed project boundary delineated to document the areas that were assessed, those
with limited access/visibility, and develop a sensitivity map based on the literature review and survey. Survey notes will
include a description of the survey area, site conditions, and other relevant observations. It is assumed that no resources
will be identified during the pedestrian survey and therefore no site forms or evaluation of resources will be needed.
Should resources be identified that require recordation then a contract amendment may be required to document
those resources.
Chambers Group will complete a systematic archaeological reconnaissance survey of the project area. The
archaeological reconnaissance survey will review the project area for signs of:
• Prehistoric artifacts (e.g., flaked stone tools, ceramics, etc.),
• Tool-making debris (flaked stone debitage), stone milling tools (manus and metates), bedrock milling stations
(basins and slicks),
• Historic artifacts (e.g., metal, glass, ceramics),
- CHAMBERS
/Ili` GROUP wwvL chamber sgroupinc.com
Proposal: Environmental Services for Superior Avenue CHAMBERS
Pedestrian and Bicycle Bridge and Parking Lot
City of Newport 3ea..r GROUP
• Sediment discoloration that might indicate the presence of a midden or other cultural feature,
• Depressions and other features indicative of the former presence of structures or buildings (e.g., post holes,
foundations),
• Historic buildings, structures, or objects, and Tribal Cultural Resources.
• Survey forms, notes and photographs are available upon request and will summarized and incorporated into
the Archaeological/Historical Survey Report.
-!T 1 -i _. _4 _ .
After completing the Archaeological Literature Review and Archaeological Reconnaissance Survey, Chambers Group
will prepare a CEQA Archaeological Technical Report and an associated ASR/HSR summarizing the literature reviews,
survey results, and will include the following sections: (a) introduction, (b) proposed project description, (c) Summary
of literature reviews, (d) methods used to conduct the surveys, (e) results of the existing conditions of cultural resources
on the site, (f) recommendations, and (g) references cited. The report will indude current photographs and maps
documenting site conditions summary of any archaeological resource findings observed. The report will be provided
within 15 days of completing the Archaeological Reconnaissance Survey. This cost estimate assumes that only one
round of consolidated report comments from the City and one from Caltrans will be received to be incorporated into
the final document after draft review. If additional comments are received, a separate scope of work and cost for
additional review may be necessary.
• One (1) electronic copy of the Final Archaeological Technical Report and one (1) copy of the Final
Archaeological Survey Report (ASR) in PDF format to each of the appropriate and concerned agencies. The
report(s) will be prepared for 8.5" x 11" printing, with graphics and maps sized in the 8.5" x 11' format.
Task 2.5: Natural Environmental Study - Minimal Impact (NES -MI)
Task 2.5 .1 — Biological Resource Literature Review and Field Survey
Prior to commencing the general biological survey, Chambers Group will conduct a literature and database review, The
database review will Include the United States Geological Survey (USGS) 75 -minute topographic quadrangle containing
the site, California Department of Fish and Wildlife's (CDFW) California Natural Diversity Database (CNDDB), the USFWS
sensitive species occurrence database and critical habitat areas, the California Native Plant Society's Electronic
Inventory (CNPSEI), National Wetland Inventory (NWI), U.S. Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS) general soils map, previous vegetation maps and biological surveys prepared for the site
(if available), and aerial photographs of the area prior to surveying the site for current relevant information. In addition,
biological information included in reports previously prepared for closely related projects are reviewed and referenced.
After conducting the literature search and database review, biologists will conduct a reconnaissance -level survey of the
Project area (within 150 feet of the proposed parking lot and pedestrian bridge). Vegetation communities on the Project
site and the immediate vicinity will be surveyed, mapped, and qualitatively described. The field surrey will focus
primarily on determining the presence or potential presence of federal- or state -listed or otherwise sensitive plant and
wildlife species and sensitive habitats. In addition, the survey will focus on Identifying the presence of any sensitive
habitats that may be protected under the California Coastal Commission. Based on our knowledge of the area, no
jurisdictional waters occur within the proposed impact area; however, the survey will include a waters assessment to
confirm that no waters under agency jurisdiction exist, If potential waters are identified, the biologists will map the
waters and provide details on hydrological connectivity and agency jurisdiction. Photographs will be taken to document
- CHAMBERS
/Itx� GROUP N ,N w.ehamber.,groupinc-cam
Proposal: Environmental Services for Superior Avenue CHAMBERS
Pedestrian and Bicycle Bridge and Parking Lot
City of Newport Beach GROUP
the current conditions of the Project site and vicinity. Plants and wildlife observed during the survey will be recorded
and provided as appendices to the report.
Task 2.5.2 — Natural Environmental Study — Minimal Impact Report
Chambers Group will prepare a Natural Environment Study -Minimal Impact Report (NES -MI) document using the results
of the biological survey in accordance with Caltrans format requirements and guidelines using the most recent template
found in the Caltrans Standard Environmental Reference online at the time of survey.
This NES -MI will summarize the potential Project impacts and will provide a discussion of Project design and mitigation
recommendations to avoid and minimize these impacts. The report will identify whether any areas on the Project are
potentially under USACE, RWQCB, and/or CDFW jurisdiction. Chambers Group assumes the NES -MI will be no more.
than 50 pages, including a vicinity map, biological resources map, waters delineation map, and photographs of the site.
Chambers Group will submit one (1) electronic copy of the draft NES -MI within three (3) weeks of completing the
biological survey. Chambers Group will coordinate the report findings with the City and incorporate one round of
comments on the Draft NES -MI Report into a Final Report. If desired, the City may submit the NES -MI to Caltrans for
approval prior to returning comments back to Chambers Group to expedite the process. One (1) electronic copy of the
final NES -MI will be submitted to the City.
This task does not include a focused or protocol level surveys for any species or agency permitting.
• One (1) electronic copy of the draft NES -MI Report
• One (1) electronic copy of the revised NES -MI Report
Task 2.6: Final EA/IS
Chambers Group will make all revisions that arise from City review of the Draft EA/IS. We assume two rounds of
revisions will occur.
• One (1) electronic copy of the Final EA/IS
Task 3: FONSI/ND or MND
Task 3.1 : Preparation of the Draft FONSI/ND or MND
Chambers Group will prepare an administrative draft FONSI/ND or MND. For environmental impacts that exceed the
significance thresholds established in the CEQA 15 Environmental Checklist Form, Chambers Group will identify
mitigation measures designed to reduce significant impacts, where feasible. A determination will be presented as to
whetherthe mitigation measures will reducethe impacts to a level of less than significant. Based on current preliminary
Project information, this proposal assumes that all potentially significant impacts identified will be mitigable.
Chambers Group assumes two rounds of review by the City during preparation of the Draft FONSI/ND or MND.
• One (1) electronic copy of the Administrative Draft FONSI/ND or MND in Word and PDF format
Task 3.2: Response to Comments
Chambers Group will work with City staff to respond to all comments on the Draft FON51 ND/MND from permitting
agencies such as the Coastal Commission and Caltrans, as well as the general public. We have established protocols for
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CHAMBERS
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Proposal: Environmental Services for Superior Avenue CHAMBERS Pedestrian and Bicycle Bridge and Parking Lot
of NewportQ,3�. GROUP
tracking all comments as they are received in spreadsheet form and will have already met with the City to strategize
responses based on likely comments from agencies and public concerns.
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• One (1) electronic matrix that includes all comments and responses that will be appended to the Final FONSI
ND/MND
Task 3.3: Final FONSI/ND or MND
Following City comments and any revisions that may arise from those comments, Chambers Group will prepare the
Final FONSI/ND or MND.
• One (1) unbound, single -sided copy of the Final FONSI/ND or MND
• One (1) electronic master copy of the Final FONSI/ND or MND in both Microsoft Word and PDF format
Task 4: Notice of Determination
The Notice of Determination (NOD) is filed following the City's decision to carry out or approve the project for which
the FONSI/ND or MND has been prepared. Chambers Group will prepare the NOD and will file the NOD with the State
Clearinghouse and the Orange County Clerk within five days of approval. In addition, this task assumes the CDFW filing
fee will be paid by the City.
• One (1) NOD
Task 5: Process NEPA Clearance through Caltrans
Preliminary Environment Study
Chambers Group will prepare a Preliminary Environment Study (PES) in accordance with Caltrans format and guidelines.
A PES form must be completed for all local agency federal -aid projects "off' the SHS. The findings of the PES will
document the environmental constraints and issues related to NEPA or CEQA compliance and the assumptions that
were used to anticipate those issues.
Environmental Assessment
As described in detail above, we anticipate preparing an Environmental Assessment/Finding of No Significant Impact.
An EA is a concise public document that focuses on those environmental areas in which potential adverse impacts are
anticipated. It will provide sufficient evidence and analysis to determine whether or not an EIS is required. The EA would
be limited to an analysis of potential significant environmental issues identified through a scoping process with the
public and review agencies. Chambers Group will utilize Caltrans IS/EA Annotated Outline to provide a consistent
document format and to meet the requirements of the FHWA and CMAQ program. Our team will also use other
guidance documents found on the Caltrans SER including: Environmental Document Review checklist and review matrix.
• Preliminary Environmental Study
• EA
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- CHAMBERS
��IN� GROUP �ic;r �i�yr_ini'C-com
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot i1��
City of Newport Beach GROUP
Task b: Amend Sunset Ridge Coastal Development Permit
Pursuant to the California Coastal Act of 1976, a Coastal Development Permit (CDP) is required from the California
Coastal Commission (CCC) for any development or improvement activity occurring within the Coastal Zone. We
understand that the City has previously obtained a CDP for Sunset Ridge Park, and that the CDP would need to be
amended in order to construct the proposed westerly bridge abutment. As necessary, Chambers Group will prepare
and submit a Coastal Development Permit amendment application to the CCC for review and processing. Chambers
Group is available to attend the Coastal Commission hearing if required, as well as provide assistance with obtaining a
new CDP for the Project as required. We will also prepare a Coastal Consistency Determination to demonstrate
consistency with the California Coastal Act.
• Amended Sunset Ridge Park CDP
• Other permitting as described above, as necessary.
Task 7: Project Management
This task includes at least five Project meetings that would occur with City staff, either in person or via conference call,
not inclusive of the kickoff meeting (Task 1). This task also includes all time that Chambers Group would spend managing
our subconsulant (Vista Environmental) as well as time for updating the Project schedule as needed. Chambers Group
has budgeted additional time and resources for up to four public meetings and/or hearings.
• Five (5) Project progress meetings
• Four (4) public meetings and/or hearings
• Subconsultant management
• Schedule management and invoicing
Optional Task 8: Visual Simulations, Technical Memo, and Caltrans VIA
Task 8.1 - Visual Simulations (Estrada Land Planning)
We will provide minor 3D modeling set up prior to the preparation of up to four simulations for use in the project
environmental document. We will work in a collaborative approachwith the City and Design Team to best understand
the project and prepare the 3D modeling set up to assure the production of accurate and defensible simulations that
meet the project goals. Accurate modeling is dependent on known datum which includes elements such as: 3D
topography, 3D surveys, Vertical and Horizontal Alignments, Site Plans, Project Sections, Details, Material Finishes, etc.
We will coordinate with the City and the Design Team as needed to obtain the project data necessary in producing the
simulated views. In the eventthat projectdata is unavailable,we will notify the City and will proceed as directed.
Project Kickoff, Data Collection, and Review of 3D Models and Renderings Data
• Attend one kick-off meeting to discuss project goals, modeling process, status of project files, possible key view
locations, tentative deliverable schedule, final media size, etc.
• Collect and Review 3D modeling data — We will review the available 3D modeling files for the architecture and site
topography provided by the client for adequate level of completeness needed for the consultant to model and
simulate the project deliverables. Files intended for use in the Model shall be provided to us in 3DM, 3DS, DWG,
- CHAMBERS
/I1�� GROUP ww,/i.chamLerSgrOupinC-COm
Proposal: Environmental Services for Superior Avenue CHAMBERS
Pedestrian and Bicycle Bridge and Parking Lot
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DGN, or SKP format. Other reference or support documents shall be provided to us in DWG, PDF, JPEG or PNG
format.
• Data Coordination - We will review the 3D modeling data and provide the findings to the City with any additional
data required prior to continuing work.
Field Photography, Potential Key View Photos, and Key View Selection
• Verify topographic information - The consultant shall verify base files in the field.
• Photograph Potential Key Views (KVPs) - Six Potential Key Views will be taken from a select number of locations
documented in the field for accurate rendering placement into the 3D model in Task 4. Key views will be taken with
50mm camera of the project site foreground, background, and context area. Each shot will be taken in high
resolution to maximize image clarity for viewing at multiple scales -- prevent against pixilation when zooming. Any
necessary access or equipment to gain visual access shall be provided by the client.
• Prepare Potential Key Views Submittal – KVPs will be submitted to the City with four Recommended KVPs and two
Alternative KVPs for review and selection. KVPs will be selected to best visualize the development and meet project
goals.
• Key View Selection - Four Key Views will be selected by the City for use in the preparation of the simulations. Upon
receipt of KVP comments from the City, we will proceed with the next task.
3D Modeling and Key View Assessment, Data Collection, and Research
• General Key View assessment - The Key Views will be analyzed against the improvements to determine the limits
for 3D modeling.
• Prepare rendered features development - Develop the seamless material texture palette for modeled elements —
rendered finishes based off received drawings or City direction.
• Prepare Landscape features development- Develop the plant material palette for the simulated view based off the
landscape plans and/or City direction.
Initial 30 Modeling Compilation and Key View Set -Up
• Prepare Initial 3D Model Data files set up — Insert reference drawings, scrub layers, etc.
• Set "Key View Rendering Camera" per field documentation and roughly align rendered view to Key View
Orientation.
• Review Client / Architect provided 3D models – Review the architecture and site topography models for
completeness and accuracy for use in the preparation of the simulated views.
• Landscape layout - Construct 3D pins for landscape improvements based on conceptual landscape plans provided
by the City.
• Assign material texture palette to render layers.
• Set rendering scene to match the date, time and sun exposure from the selected Key View Point.
• Finalize "Key View Rendering Camera" in model with the 50 mm shot. Client will need to establish desired media
size for Final Deliverables. Render output will be set to match final media size (max 11x17).
• City Review of Preliminary 3D models from Key View Points - One City Review Round for rendered 3D model prior
to insertion to Simulation File.
• Prepare Revisions based on City review comments for model adjustments.
"klf'/',� 12
= CHAMBERS
/A�� GROUP ev,Nwi.cnamhersyroupirc.,c)m
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot
City of Newport Bear.
Preparation of Preliminary and Final Simulations
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GROUP
• Prepare Preliminary Simulations - Upon receipt of City review comments and completion of model revisions, we
will prepare the simulations for rendered project improvements over 50mm Key View Location.
• Prepare Final Simulations- Upon receipt of a 11 Preliminary Simulation Comments from the City, the Final Simulations
will be revised and completed for delivery to the City.
Assumptions
The following assumptions have been made in the preparation of our scope of services:
• 3D models of pedestrian and bicycle bridge; existing and proposed site topography shall be provided by the City.
• City shall be available for coordination and can provide adjustments to bridge 3D models, if needed.
Deliverables
• PDF copy of simulated views for City review.
Four Final Simulations to the media size (max 11x17) determined at the Project Kick Off or 3D Modeling Phase. The
final simulations will be provided digitally to the City in PDF, IPEG orPNG formatsubmitted through email, orgranted
access to our FTP site for upload.
Task 8.2 — Visual Impacts Technical Memorandum (Chambers Group)
Chambers Group will prepare a Visual Impacts Technical Memo analyzing the project. This document will describe views
into and out of the project site, from both Coast Highway and Superior Avenue, and will discuss views from private
residences above both the existing parking lot and Sunset Ridge Park. This document will also discuss which level of
Caltrans documentation will be prepared with respect to visual impacts. The Visual Simulations described above are
optional for a minor Caltrans VIA but required for a moderate Caltrans VIA.
Deliverables
• Visual Impacts Technical Memorandum
Task 8.3 — Caltrans Visual Impact Assessment Questionnaire and VIA (Estrada Land
Planning)
Caltrans requires that a Visual Impacts Assessment (VIA) be considered for any project that has the potential to change
the visual environment. Assessment levels vary based on the results of Caltrans' VIA Questionnaire, which has been
completed by Chambers Group and will be analyzed by Estrada Land Planning's landscape architects because of the
nature of the pedestrian bridge and its location adjacent to Newport Harbor. The Questionnaire considers factors such
as the composition of potentially affected viewer groups, the existence of scenic resources, the extent and degree of
changes proposed by a project, level of controversy, and any potential cumulative impacts to affected transportation
corridors. Although we believe that no formal analysis is likely the applicable outcome for this project, there is a
possibility that a formal VIA would be required for this project.
There are two types of VIA that could be triggered by this project: minor and moderate. A minor VIA will be prepared
if the Questionnaire and our own analysis finds that only minor alterations to the visual environment would occur, if
there are one or few Key View Points, and potential impacts to scenic resources are limited. A moderate VIA will become
necessary if there is significant local controversy in terms of visual impacts, multiple Key View Points, and the project is
found to have potentially significant impacts to scenic resources.
1 mnt/.W 13
CHAMBERS
/Il�� GROUP w,wpirc—cin
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot
City of Newport Bea'"
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• Caltrans VIA Questionnaire
• Caltrans minor or moderate VIA
Opiiona/ Task 9: Hazardous Materials Assessment
Task 9.1 : Hazardous Materials Assessment (Ninyo & Moore)
The objective of the HMA will be to evaluate whether hazardous materials or other adverse environmental conditions
are present due to past or present use of the site and/or properties in the site vicinity. The proposed services for the HMA
will be generally consistent with applicable sections of the ASTM International (ASTM) 2013 guidance (Designation
Number E-1527-13) and the United States Environmental Protection Agency Standards and Practices for All Appropriate
Inquiries (AAI). Because the ASTM and AAI standards were established to provide innocent landowner liability
protection under Comprehensive Environmental Response, Compensation, and Liability Act for the purchaser of a
property, the applicability of the ASTM/AAI standards will be limited.
The HMA will include the following tasks:
• A site visit to visually evaluate site characteristics for possible contaminated surface soil or surface water,
improperly stored hazardous materials, and possible sources and indications of site contamination from activities
at the project site.
• A site and vicinity reconnaissance to evaluate characteristics of properties within and adjacent to the project area
for possible hazardous materials influences on the project. Properties adjoining the site will be observed from
public rights-of-way.
• Review of previous environmental reports conducted for the site, if provided by the Client.
• If provided by Client, review chain -of -title and environmental lien reports to evaluate probable past site uses and
their possible impact on the current environmental status of the site.
• A review of a computerized database search provided by Environmental Database Resources (EDR) of readily
available government and regulatory agency environmental lists for the site and for properties located within
approximately % mile of the project site. The objective of the database search will be to evaluate locations where
hazardous materials may have been used or stored and their possible effects on the site. On-site listings of possible
concern will be further evaluated by reviewing readily available on-line environmental documents for the site from
regulatory agencies, or by interviewing regulatory agency personnel. Our scope of services includes review of up
to two agency files for the site and an online review of agency files for the adjoining closed leaking underground
storage tank (LUST) case. Locations of properties of concern will be shown on maps of the site vicinity.
• Review State of California, Department of Conservation, Division of Oil, Gas, and Geothermal Resources oil -field
maps and review of information, if any, provided by the California State Fire Marshal regarding oil and natural gas
pipelines in the site vicinity.
Review of site and adjoining historical land use to provide an overview of past uses that likely involved the use or
storage of hazardous materials. Information that will be used to review the site history will include readily available
historical aerial photographs and historic United States Geological Survey Topographic Maps. Ninyo & Moore will
attempt to note historical site uses involving the use or storage of hazardous materials from the time when the site
was undeveloped or agricultural.
Prepare an HMA report. The report will provide a site location map, site visit notes, an EDR database search report,
site photographs, and a discussion of findings and conclusions regarding the current environmental condition(s) of
the site including the presence of hazardous materials in the project area and possible impacts to the project.
' O-0/ 14
CHAMBERS
/fN� GROUP www,charnbersgroupinc-com
Proposal: Environmental Services for Superior Avenue �1
Pedestrian and Bicycle Bridge and Parking Lot
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Please note that our proposed scope of services for environmental evaluation does not include subsurface exploration,
soil or water sampling, chemical analysis, or evaluation of methane, lead, radon, or asbestos. Properties adjoining the
site will be observed from public rights-of-way.
aa5;JmpiionS
The following assumptions have been made in the preparation of our scope of services:
• The visual observations made by Ninyo & Moore during the HMA will be limited to the surface area of the site and
contiguous properties. Subsurface explorations, soil sampling, surface and groundwater sampling, and chemical
analyses are not included as part of this scope.
• Up to eight hours have been estimated to review agency records for the site. Up to four hours have been estimated
to review online agency records for the adjoining closed LUST case at 4625 Coast Highway (Tosco Oil). If during the
course of the assessment, additional adjoining facilities applicable to the site impact evaluation are discovered,
additional budget will be requested in order to conduct agency research for those addresses.
• Our fee and scope of services includes preparation of one written response to review comments for our report.
Subsequent consulting services, including preparing additional written responses to subsequent review comments
of our report, attendance at meetings, or additional requested services, will be provided on a time -and -materials
basis in accordance with the attached schedule of fees.
Deliverables
• One electronic copy of the HMA.
X0'n1.W 15
CHAMBERS
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EXHIBIT B
SCHEDULE OF BILLING RATES
Chambers Group, Inc. Page B-1
Proposal: Environmental Services for Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot
City of Newpo t Bo_u^
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CHAMBERS
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CHAMBERS
Chambers Group, Inc.
Commercial Terms
Ell RATES
Charges for all professional, technical, and
administrative personnel directly charging time to the
project will be
calculated and billed on the basis ofthe following
staff category
hourly"Billing Rates." Billing Rates includefringe benefits,
burden, and fee.
StaffTRle
Rate
Staff TRle
Rate
Senior Director
220.00
Managing Environ. Planner
180.00
Director/Program Manager
195.00
Senior Environ. Planner
150.00
Sr. Project Manager
160.00
Project Environ. Planner
130.00
Project Manager
135.00
Staff Environ. Planner
11000
Environ. Planner
100.00
Assistant Environ. Planner
90.00
Managing Cultural Resources Specialist
160.00
Senior Cultural Resources Specialist
130.00
Managing Biologist/ Botanist
180.00
Project Cultural Resou-ces Specialist
115.00
Senior Biologist/Botanist
145.00
Staff Cultural Resources Specialist
100.00
Project Biologist/ Botanist
125.00
Cultural Resources Specialist
90.00
Staff Biologist/ Botanist
110.00
Assistant Cultural Resources Specialist
70.00
B'ologist/ Botanist
100.00
Assistant Biologist/Botanist
90.00
Senior GIS Analyst
143.00
Staff GIS Analyst
118.00
GIS Technician
103.00
Project Controls Specialist
90.00
Project Assistant/Tech. Editor
80.00
Word Processor
70.00
Clerical/Technician
60.00
The full scope of work detailed in Exhibit
A will be executed
for a not -to -exceed amount of $116,975.00
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CHAMBERS
1/0%l GROUP
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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 City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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, two million dollars ($2,000,000) 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).
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
Chambers Group, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. 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.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
Chambers Group, Inc. Page C-2
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 Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
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.
Chambers Group, Inc. Page C-3
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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.
Chambers Group, Inc. Page C-4
Reyes, Raymund
From: EXIGIS RiskWorks <notifications@ riskworks.com >
Sent: Tuesday, June 18, 2019 1:41 PM
To: Reyes, Raymund
Subject: City of Newport Beach: Notice of Compliance for Chambers Group, Inc.
Dear Business Partner,
The insurance documentation submitted on behalf of Chambers Group, Inc. satisfies the minimum insurance
requirements for City of Newport Beach and has been verified as compliant.
No further action is required at this time. You will receive a renewal notice requesting updated insurance
documents in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at support@exipis.com or 800-
430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
support@exi ig s.com
Organizational Unit: City of Newport Beach -> Public Works
Agreement Name: Environmental Services for the Superior Ave. Pedestrian & Bicycle Bridge & Parking Lot
Project