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HomeMy WebLinkAboutC-5244 - PSA for Old Newport Boulevard and West Coast Highway Modifications; Amendment No. 1-6AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT U WITH RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Six") is made and entered into as of this 30th day of June, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP, a California corporation ("Consultant"), whose address is 18872 MacArthur Boulevard, Suite 210, Irvine, California 92612, and is made with reference to the following: RECITALS A. On April 25, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for civil engineering services for design of Old Newport Boulevard and West Coast Highway ("Project"). B. On June 25, 2014, City and Consultant entered into Amendment No. One to the Agreement to reflect additional services not previously included in the Agreement, extend the term of the Agreement to June 30, 2015, and to increase the total compensation ("Amendment No. One"). C. On June 4, 2015, City and Consultant entered into Amendment No. Two to the Agreement to extend the term of the Agreement to June 30, 2016, and to update insurance requirements ("Amendment No. Two"). D. On August 8, 2016, City and Consultant entered into Amendment No. Three to the Agreement to extend the term of the Agreement to April 24, 2018 ("Amendment No. Three"). E. On April 24, 2018, City and Consultant entered into Amendment No. Four to the Agreement to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to June 30, 2020, to increase the total compensation, update prevailing wage and claims requirements, and update the insurance requirements ("Amendment No. Four"). F. On June 23, 2020, City and Consultant entered into Amendment No. Five to the Agreement to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to June 30, 2023, increase the total compensation, update the administration, ownership of documents, conflicts of interest, and notices sections, include opinion of cost section, and update the insurance requirements ("Amendment No. Five"). G. The parties desire to enter into this Amendment No. Six to extend the term of the Agreement to June 30, 2024, update the notices section, and to update the insurance requirements ("Amendment No. Six"). 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 June 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: Rick Kreuzer RAK Development, Inc. DBA Kreuzer Consulting Group 18872 MacArthur Blvd., Suite 210 Irvine, CA 92612" 3. 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. 4. 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] RAK Development, Inc. dba Kreuzer Consulting Group Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Six to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: B: ";� ',A,ap6nC. ar City Attorney ATTEST: Date: �. CITY OF NEWPORT BEACH, a California mun cipal corporation Date: -Z/6: �?-C�Z� ByOvyManager . Leung CONSULTANT: RAK Development, Inc. dba Kreuzer Consulting Group, a California corporation Date: Signed in Counterpart Bv: Richard Andrew Kreuzer Chief Executive Officer and Chief Financial Officer SIGNATURES] Attachments: Exhibit C — Insurance Requirements RAK Development, Inc. dba Kreuzer Consulting Group Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Six to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: — ar C. arp i=y City Atto ney ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Grace K. Leung City Manager CONSULTANT: dba Kreuzer California���Oi Date:33 RAK Development, Inc. Consulting Group, a Chief Executive Officer Financial Officer [END OF SIGNATURES] Exhibit C — Insurance Requirements and Chief RAK Development, Inc. dba Kreuzer Consulting Group Page 3 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 and employees. 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 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. RAK Development, Inc. dba Kreuzer Consulting Group Page C-1 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 and employees 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 and employees 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: 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 RAK Development, Inc. dba Kreuzer Consulting Group Page C-2 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 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- RAK Development, Inc. dba Kreuzer Consulting Group Page C-3 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. RAK Development, Inc. dba Kreuzer Consulting Group Page C-4 Ri K j \ \ ) \ } c f \ u c = � } \ } e $ �E } ƒ ) of ol / j . § k i § \ k f _ \ \ } 2 } [ ) u ( } E \ k In \ J CD ) \ ) p 4 2 7 2 # E 2 k ; ) J 7 b 7± J 3 3 � ► . , , , c E 3 > < / . _ « k - ! ) ) 2 I { } > ) \ « ( ! \ k J ) \ G / & 7 / } _ ) \ . . . . a AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT WITH RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Five") is made and entered into as of this 23rd day of June, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP, a California corporation ("Consultant"), whose address is 320 Main Street, Unit D, Seal Beach, CA 90740, and is made with reference to the following: RECITALS A. On April 25, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for civil engineering services for design of Old Newport Boulevard and West Coast Highway ("Project"). B. On June 25, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to extend the term of the Agreement to June 30, 2015, and to increase the total compensation. C. On June 4, 2015, City and Consultant entered into Amendment No. Two to the Agreement to extend the term of the Agreement to June 30, 2016, and to update insurance requirements. D. On August 8, 2016, City and Consultant entered into Amendment No. Three to extend the term of the Agreement to April 24, 2018. E. On April 24, 2018, City and Consultant entered into Amendment No. Four ("Amendment No. Four") to reflect additional Services not included in the Agreement, as amended to extend the term of the Agreement to June 30, 2020, to increase the total compensation, updated prevailing wage and claims requirements, and update the insurance requirements. F The parties desire to enter into this Amendment No. Five to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to June 30, 2023, increase the total compensation, update the administration, ownership of documents, conflicts of interest, and notices sections, include opinion of cost section, and update the insurance requirements. 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 June 30, 2023, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Four, and Exhibit A to this Amendment No. Five, shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One Exhibit B to Amendment No. Four, and Exhibit B to this Amendment No. Five, 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 Sixty Nine Thousand Nine Hundred Thirty Eight Dollars and 00/100 ($669,938.00), 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. Five, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Thirty Nine Thousand One Hundred Twenty Nine Dollars and 00/100 ($139,129.00). 4. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and replaced with the following: "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." RAK Development, Inc. DBA Kreuzer Consulting Group Page 2 5. OWNERSHIP OF DOCUMENTS Section 17.3 and 17.4 shall be added to the Agreement as follows: "17.3 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; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) 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, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department." 6. CONFLICTS OF INTEREST Section 24 of the Agreement is amended in its entirety and replaced with the following: "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." RAK Development, Inc. DBA Kreuzer Consulting Group Page 3 7. NOTICES Section 25.2 and 25.3 of the Agreement is amended in its entirety and replaced with the following: "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: Rick Kreuzer RAK Development, Inc. DBA Kreuzer Consulting Group 320 Main Street, Unit D Seal Beach, CA 90740" 8. OPINION OF COST Section 29 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." 9. 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. 10. 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] RAK Development, Inc. DBA Kreuzer Consulting Group Page 4 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: Obit //2010 By: p)r•,Aaron C. Harp City Attorney ATTEST: �' ` n , Date: AtioCV By: Leilani r Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: 6/Zy/a Za Will O'Neill Mayor CONSULTANT: RAK Development, Inc. DBA Kreuzer Consulting Group, a California corporation Date: By: Signed in Counterpart Richard Andrew Kreuzer Chief Executive Officer Date: By: Signed in Counterpart Kelsey Ann Kreuzer Secretary [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RAK Development, Inc. DBA Kreuzer Consulting Group Page 5 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: OW I7.p j By: fr,r, ev. Aaron C. Harp City Attorney ATTEST: Date: do CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: RAK Development, Inc. DBA Kreuzer Consulting Group, a Californ,ia_c•, •.rartion Date: By: By: Leilani I. Brown City Clerk Attachments: Ric and Andrew Kreuzer Chief Executive Officer Date: Vito By: Kels A n euzer Secretary [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RAK Development, Inc. DBA Kreuzer Consulting Group Page 5 EXHIBIT A SCOPE OF SERVICES RAK Development, Inc. DBA Kreuzer Consulting Group Page A-1 June 10, 2020 Mr. Patrick Arciniega Senior Civil Engineer City of Newport Beach 100 Civic Center Dr Newport Beach, CA 92660 RE: Revised Request for Budget Augmentation (Amendment #5) to finalize the PCH/Old Newport Road Improvement Project Dear Mr. Arciniega, Per the City's request, we are submitting this change order request to complete the subject project. To date, we have completed preliminary design, environment documents and various ancillary reports for the project. These materials have addressed two project alternatives. Initially, the Preferred Alternative involved the realignment of Old Newport Road through the Caltrans park and ride lot. A few years back the preferred alternative was changed to keep Old Newport Road on its current alignment. The City has now decided to revert back to the realignment alternative as the desired option for construction. Over the course of the last 7 years we have completed preliminary plans (50% completion level) for both alternatives. Most of the supporting documentation (PEER, DSDD, etc.) were completed for the alternative no longer being considered. As such, these reports will need to now be completed for the realignment option. In addition, based on the recent meeting with Caltrans on 2/27/20, there are additional right of way engineering items (i.e. Title Reports, Appraisal Maps) that were not included in the original scope of work. Lastly, there are also new design features that are being added to the project, summarized as follows: • Caltrans is requiring the existing 8'x 4' RCB under Old Newport Road be replaced due to its age and lack of vertical cover. • The City has requested that a sidewalk connection be made up Santa Ana Avenue to Cliff Drive. This will also include a walkway stairway connection to Avon Street. We have included provisions in our scope to obtain additional survey information and prepare a Concept Plan for these improvements along with final plans. Based upon all of the above, we have developed our scope of work to finish the final PS&E for the project based upon the work completed to date for the realignment alternative, recent input received from Caltrans and the added design features noted above. 320 Main Street Unit D • Seal Beach, CA • 90740 The following provides a task by task breakdown of the work required to complete the project. Task 1.0 — Project Management, Administration and Meetings Under this task, KCG will be responsible for overall project management, leadership of the Project Development Team (PDT), and monitoring project progress and maintenance of files. KCG will supervise, coordinate and monitor all project activities and deliverables to insure they are in conformance with City and Caltrans requirements. KCG will prepare monthly progress reports to accompany each monthly invoice. These reports will address the work accomplished during the previous month; work anticipated during the upcoming month; progress schedule; and any and all issues encountered, highlighting any potential issues which may impact the scope of work for the project. The KCG Project Manager and appropriate team members will meet with City staff on a regular basis to review and discuss progress and chart courses of action. For purposes of this proposal, we have assumed that up to six (6) project meetings will be required with the City and/or Caltrans for the remainder of the project duration. Task 3.0 — Utility Research and Coordination Subtask 3.1 — Utility Research & Coordination: Due to the amount of time that has passed on this project we are proposing to restart the utility coordination efforts on this project. This will include the following efforts: • Obtain plans showing location and size of all utility lines and appurtenances within the project area. • Confirm these utility lines are depicted correctly on the project Base Maps • Cross check plotted locations above with detailed topographic survey information to insure that existing lines are shown in proper location. Field checks will be performed as necessary. • Upon establishing the proposed improvements, determine where potential utility conflicts exist and where utility relocation is warranted. • Coordinate with affected utility companies regarding conflicts, relocations and improvements. This coordination effort will require providing updated plans to the utility agencies for the proposed improvements and also meeting with the carious utility service planners on the project site, as necessary, to discuss conflicts and/or relocations. Subtask 3.2 — Potholing: In order to facilitate utility relocations, and the construction of the new RCB and associated storm drain connector pipes we are including provisions for up to eight (8) utility potholes within the project limits. This work will be completed by Bess Laboratories under KCG's direction. Task 8.0 — Preliminary Design Plans The City desires to make a sidewalk connection from the project limits on Santa Ana Avenue up to Cliff Drive, including a walkway/stairway connection to Avon Street. This will require the completion of the following additional subtasks: Subtask 8.5 Additional Topographic Survey: Metz surveying will complete field survey in order to develop a topographic base map for the proposed sidewalk alignment. KCG will utilize this information to prepare base plan for the development of a Concept Plan (subtask 8.6) for the sidewalk improvements. Subtask 8.6 — Sidewalk Concept Plan: KCG will prepare a Concept Plan for the Santa Ana sidewalk improvements, including a connection to Avon Street. We will not proceed with final plans until this Concept Plan is approved by City. Subtask 8.7 — Final Plans: Based upon the approved Concept Plan, KCG will prepare final plans for the Santa Ana Sidewalk Improvements, including a connection to Avon Street. We envision 2 plan sheets and 1 detail sheet will be required. Task 9.0 Fact Sheet for Design Exceptions Subtask 9.1 — Permit Engineering Evaluation Report (PEER): A PEER was completed and approved for the on -alignment alternative but not for the realignment alternative. KCG will prepare and obtain approval of a PEER document for this new Preferred Project Alternative. Subtask 9.2 — Design Standard Decision Document (DSDD): A DSDD, formerly known as a Fact Sheet, was completed for the on -alignment alternative but only partially (Draft) completed for the realignment alternative. Additionally, the DSDD format differs from the original Fact Sheet format so there will be additional work required to prepare and obtain approval for the DSDD for the new Preferred Alternative. Task 10.0 Water Quality Documents This task required the preparation of two water quality documents, broken down as follows: Subtask 10.1- Water Quality Management Plan (WQMP): KCG will provide engineering services to prepare a Water Quality Management Plan (WQMP) technical document and supporting analysis for the proposed street improvement project area. The project WQMP will comply model for the County of Orange. The project is in the north county permit area which is wholly within the Santa Ana Regional Water Quality Control Board. The WQMP will satisfy the post development storm water quality treatment requirements established in the permits. The document will follow the model format and technical content requirements based on the agency template for the Water Quality Management Plan and will follow the requirements of Section 7.11-1.5 for public agency projects. Subtask 10.2 — Stormwater Data Report (SWDR): SWT will prepare a Storm Water Data Report (SWDR) following the minimum data/assessment requirements and the format outlined by Caltrans in the Storm Water Quality Handbook Project Planning and Design Guide for this type of water quality document which includes (1) Project Description with a detailed narrative, (2) completion of checklists, (3) analyses and assessments, and (4) attachments and exhibits. The July 2010 "long form" SWDR will be completed following the Caltrans standard template for the SWDR and addressing the requested issues as part of the overall checklists and developing the associated supporting documentation or narrative. The basic elements and items to be prepared that will be included in the SWDR are listed below: • Detailed project descriptions and description of the construction works • Disturbance Area • Site Data and Water Quality Design Issues • Checklists SW-1, SW-2, and SW-3. • Site Data and Water Quality Design Issues • Receiving Water and Pollutant of Concern, including TMDL • Regional Water quality Board Agreements • Determination of the risk level • Proposed Design Permanent Pollution Prevention BMPs - Sizing of BMPs - Cost estimate for BMP • Construction Site BMPS The required attachments or exhibits will include: vicinity map, Evaluation Documentation Form (EDF), construction Site BMP consideration form, RUSLE2 calculation for soil erosion, risk level determination documentation, treatment BMP summary spreadsheets, quantities for construction site BMPs. Task 12.0 - Right of Way Engineering This task will require a series of subtasks, as follows: Subtask 12.1 - Title Reports: We have included obtaining three (3) title reports for the project. These reports will cover the Caltrans park and ride lot, A's and Pacific Imaging parcels. Subtask 12.2- R/WAppraisal Maps: KCG will utilize the services of Metz Surveying to prepare the Caltrans required Appraisal Maps for the project. These maps will be prepared in strict conformance with Caltrans guidelines and requirements. Subtask 12.3 - Lewis and Plats: Metz Surveying will prepare legal descriptions and plats for the property acquisition required, including temporary construction easements, dedications and easements. We anticipate 6 legals/plats will be prepared, summarized as follows: • A's site (2) - Part take and TCE • Pacific Coast Imaging (2) - Part take and TCE • Caltrans Park and Ride (1) - Dedication • Utility Easement (1) through A's lot. Task 13.0 - Final PS&E As stated previously, the plans for the new realignment alternative are currently done to approximately a 50% completion level. KCG will take these plans and advance then to 65%, 90% and 100% final levels for submittal to the City/ Caltrans for review. We envision the following plan set will be developed: Description Title Sheet Typical Sections Construction Details Demolition Plans Roadway Plan & Profile Offsite Improvements Utility Plans # Sheets 1 1 3 4 4 2 2 RCB Plan & Profile 1 RCB Details 2 Storm Drain Connector Pipe Plan & Profile 2 Storm Drain Profiles 1 Planting Plan 1 Irrigation Plan 1 Planting & Irrigation Details 1 Signing & Striping Plans 3 Street Lighting Plans 2 Traffic Control Plans 6 Cross Sections 6 Total 43 sheets Of the sheets above, the new design features include the replacement of the existing 8'x 4' RCB under Old Newport Road and new sidewalk on Santa Ana Avenue to Cliff Drive which is covered under subtask 8.7. Specifications will be prepared using Microsoft Word for Windows. Construction Cost Estimates will be prepared using Microsoft Excel. All quantity calculations and pertinent backup calculations required to support the project estimate will be bound and submitted to the City for review. Task 14.0 — Permitting Subtask 14.1 — Caltrans Encroachment Permit: This task will include the preparation of an Encroachment Permit Application including, but not necessarily limited to, the following attachments: • Signed plans (folded per Caltrans' requirements) • Environmental Notice of Determination (previously completed) KCG will prepare the application for City Signature and compile all supporting information. We will submit and process this permit application until an Encroachment Permit for the project is obtained. Task 15.0 — Construction Bidding and Support Services The work under this task includes (a) responding to questions during the bid period; (b) attending the pre - construction meeting; (c) reviewing shop drawing submittals; (d) preparing bid addenda; (e) providing input with respect to the contractor's general conformance with the project plans and specifications; and (f) preparing as -built record drawings, based on contractor redlines, at the completion of construction. We are requesting a budget increase of $139,129 to complete this scope of work. This increase takes into account the $17,416 that currently remains on contract. Exhibit A on the following page provides a task by task breakdown of manhours and fees by task. Thank you for your consideration of this request. If you have any questions or require additional information please do not hesitate to contact me. Respectfully Submitted, fi•Az• Rick Kreuzer, PE President EXHIBIT B SCHEDULE OF BILLING RATES RAK Development, Inc. DBA Kreuzer Consulting Group Page B-1 AMENDMENT #5 - FEE SCHEDULE FOR BUDGET INCREASE OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY IMPROVEMENTS , -_. .. ... w - T05!( rz ...:_ ai: -. P .. . Ww ...F, r $6,960 5 m t9 r hQ- �u NO Qmo TOTAL S6,960 hr. hr. $200 24 $135 16 TASK 1.0 - PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS SUBTOTAL TASK 1.0 MANHOURS SUBTOTAL TASK 1.0 COSTS 24 $4,800 16 $2,160 $6,960 $6,960 TASK 3.0 - UTILITY RESEARCH AND COORDINATION 3.1 Utility Research & Coordination 10 16 $4,160 $4,160 3.2 Potholing 2 4 $940 $8,000 $8,000 $8,940 SUBTOTAL TASK 3.0 MANHOURS SUBTOTAL TASK 3.0 COSTS 12 $2,400 20 $2,700 $5,100 $8,000 $8,000 $13,100 TASK 8.0 - PRELIMINARY DESIGN PLANS 8.5 Topographic Survey for Santa Ana Avenue Sidewalk Improvements 2 2 $670 $2,700 $2,700 $3,370 8.6 Santa Ana Sidewalk Concept Plan 8 16 S3 760 $3,760 8.7 Santa Ana Sidewalk Final Plans (3) 10 40 57,400 $7,400 SUBTOTAL TASK 8.0 MANHOURS SUBTOTAL TASK 8.0 COSTS 20 $4,000 58 $7,830 $11,830 $2,700 $2,700 $14,530 TASK 9.0 - FACT SHEET FOR DESIGN EXCEPTIONS 9.1 Permit Engineering Evaluation Report (PEER) 20 24 $7,240 $7,240 9.2 Design Standard Decision Document (DSDD) 16 24 $6,440 $6,440 SUBTOTAL TASK 7.0 MANHOURS SUBTOTAL TASK 7.0 COSTS 36 $7,200 48 $6,480 $13,680 , $13,680 TASK 10.0 - WATER QUALITY DOCUMENTS 10.1 Water Quality Management Plan (WQMP) 4 16 $2,960 $2,960 10.2 Stormwater Data Report (SWDR) 4 16 $2,960 $2,960 SUBTOTAL TASK 7.0 MANHOURS SUBTOTAL TASK 7.0 COSTS 8 $1,600 32 $4,320 $5,920 $5,920 TASK 12.0 - RIGHT OF WAY ENGINEERING 12.1 Title Reports 2 $3,000 $3,400 $3,400 12.2 R/W Appraisal Maps 2 16 $2,560 $3,500 $3,500 $6,060 12.3 Legals and Plats 2 8 $1,480 $4,250 $4,250 $5,730 SUBTOTAL TASK 7.0 MANHOURS SUBTOTAL TASK 7.0 COSTS 6 $1,200 24 $3,240 $3,000 $7,440 $7,750 $7,750 $15,190 TASK 13.0 - FINAL PS & E - Title Sheet (1) 1 2 $470 $470 - Typical Sections (1) 2 8 $1,480 $1,480 - Construction Details (3) 4 10 $2,150 $2,150 - Demolition Plans (4) 4 12 $2,420 $2,420 - Roadway Plan & Profile (4) 8 24 $4,840 $4,840 - Offsite Improvements (2) 6 16 $3,360 $3,360 - Utility Plans (2) 4 16 $2,960 $2,960 - RCB Plan & Profile (1) 16 48 $9,680 $9,680 - RCB Details (2) 16 40 $8,600 $8,600 - Storm Drain Connector Pipe Plan (2) 2 12 $2,020 $2,020 - Storm Drain Profiles (1) 2 16 $2,560 $2,560 - Planting Plan (1) 2 $400 $4,000 $4,000 $4,400 - Irrigation Plan (1) 2 $400 $4,000 $4,000 $4,400 - Planting & Irrigation Details (1) 1 $200 $2,000 $2,000 $2,200 - Signing & Striping Plans (3) 2 8 $1,480 $1,480 - Street Lighting Plans (2) 4 20 $3,500 $3,500 - Traffic Control Plans (6) 12 31 $6,585 $6,585 - Cross Sections (6) 6 24 $4,440 $4,440 - Specifications 12 8 $3,480 $3,480 - Cost Estimates 4 12 $2,420 $2,420 Reimbursables $3,800 $3,800 $3,800 $77,245 SUBTOTAL TASK 9.0 MANHOURS SUBTOTAL TASK 9.0 COSTS 110 $22,000 307 $41,445 $3,800 $67,245 $10,000 $10,000 TASK 14.0 - PERMITTING 14.1 Caltrans Encroachment Permit 16 24 $6,440 $6,440 SUBTOTAL TASK 10.0 MANHOURS SUBTOTAL TASK 10.0 COSTS 16 $3,200 24 $3,240 $6,440 $6,440 TASK 15.0 - CONSTRUCTION BIDDING AND SUPPORT SERVICES 12 8 $3,480 S3,480 SUBTOTAL TASK 11.0 MANHOURS SUBTOTAL TASK 11.0 COSTS 12 $2,400 8 $1,080 $3,480 $3,480 MANHOUR GRAND TOTALS FEE GRAND TOTALS 244 537 $48,800 $72,495 $6,800 $128,095 $10,000 $8,000 $10,450 $28,450 $156,545 AMOUNT REMAINING ON CONTRACT ($17,416) BUDGET INCREASE REQUESTED $139,129 L 119-Newport Beach1002-PCH & Old Newpod3Conlractua6Awendment No. 5 03132020Revised Fee Schedule Old Newport #5 06102020.xlsx 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 and employees. 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 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. RAK Development, Inc. DBA Kreuzer Consulting Group Page C-1 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 and employees 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 and employees 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: 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 RAK Development, Inc. DBA Kreuzer Consulting Group Page C-2 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. 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. RAK Development, Inc. DBA Kreuzer Consulting Group 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. RAK Development, Inc. DBA Kreuzer Consulting Group Page C-4 Reyes, Raymund From: Customer Service <customerservice@ebix.com> Sent: Wednesday, July 29, 2020 5:28 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000190 [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. FV00000190 RAK Development, Inc. DBA Kreuzer Consulting Group Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. i 3 L AMENDMENT NO. FOUR TO C) PROFESSIONAL SERVICES AGREEMENT WITH RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this 24th day of April, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP, a California corporation ("Consultant"), whose address is 320 Main Street, Unit D, Seal Beach, CA 90740, and is made with reference to the following: RECITALS A. On April 25, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for civil engineering services for design of Old Newport Boulevard and West Coast Highway ("Project"). B. On June 25, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to extend the term of the Agreement and to increase the total compensation. C. On June 4, 2015, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to extend the term of the Agreement and to update insurance requirements. D. On August 8, 2016, City and Consultant entered into Amendment No. Three to extend the term of the Agreement to April 24, 2018. E. The parties desire to enter into this Amendment No. Four to reflect additional Services not included in the Agreement, as amended, extend the term of the Agreement to June 30, 2020, increase the total compensation, update prevailing wage and claims requirements, and update the insurance requirements. 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 June 30, 2020, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, Exhibit A to Amendment No. Three, and Exhibit A 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. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, Exhibit B to Amendment No. Three, and Exhibit B 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 Five Hundred Thirty Thousand Eight Hundred Nine Dollars and 00/100 ($530,809.00), 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. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Ninety Thousand One Hundred Fifty Five Dollars and 00/100 ($90,155.00). 4. CLAIMS 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.). RAK Development, Inc. DBA Kreuzer Consulting Group Page 2 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" 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.)." 5. PREVAILING WAGES The following shall be added as Section 31 in the Agreement: "31.1 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. 31.2 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." 6. INSURANCE Exhibit C-1 of the Agreement shall be amended in its entirety and replaced with Exhibit C, attached hereto and incorporated herein by reference. RAK Development, Inc. DBA Kreuzer Consulting Group Page 3 7. 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] RAK Development, Inc. DBA Kreuzer Consulting Group 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�RN� �/&OFFICE Date: / By: Aaron C. Harp City Attorney ATTEST: g Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: S 1 lam. 11 t By: Dave`K-f City Manager CONSULTANT: RAK Development, Inc. DBA Kreuzer Consulting Group, a California corporation Date: Signed in Counterpart By: Richard Andrew Kreuzer Chief Executive Officer Date: Signed in Counterpart By: Kimberly Ann Kreuzer Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RAK Development, Inc. DBA Kreuzer Consulting Group 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 OF NEWPORT BEACH, CITY ATTOR EY'S FFICE a California municipal corporation Date: �a`i Date: By: / / , By: Aaron C. Harp City Attorney ATTEST: Date: 01.1.2Y.3 Dave Kiff City Manager CONSULTANT: RAK Development, Inc. DBA Kreuzer Consulting Group, a Californnig orpor tion Date: '`C �Z �i $r Leilani I. Brown Richar. : rew Kreuzer City Clerk Chief Executive Officer Date: 412411 Kimberly Ann reu Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RAK Development, Inc. DBA Kreuzer Consulting Group Page 5 EXHIBITA SCOPE OF SERVICES RAK Development, Inc. DBA Kreuzer Consulting Group Page A-1 reuzer onsmaNng April 16, 2018 City of Newport Beach Attn: Patrick Arciniega 100 Civic Center Drive Newport Beach, CA 92660 RE: Revised Amendment #4 Request — Extra Services for the PCH/Old Newport Road Improvement Project Dear Patrick, We are hereby submitting this extra work request for a budget adjustment to cover additional costs for the environmental process resulting from requirements imposed on the project by Caltrans District 12. These additional work efforts are summarized below and are correlated to the work tasks in our original contract. Task 1— PM, Administration and Meetings The subject project was initiated in 2014. The original project schedule estimated project completion in 2016. Originally the project environmental document was going to be processed through and approved by the City. During the course of the project Caltrans took over the Lead Agency role. This change resulted in significant schedule delays, the need for numerous additional meetings and an overall increase in necessary project management and administration manhours. This extra work task includes these costs plus additional costs to finish the final design phase of the project. Task 1 Budget Increase Requested = $21,500 Task 8 — Preliminary Design Plans Subtask 8.2 — Geometric Design: Under this subtask KCG is required to complete multiple on -site design alternatives for the A's site to facilitate preliminary City discussions with the property owner. Subtask 8.2 Budget Increase Requested = $3,280 Subtask 8.3 — Drainage Design: Additional work for this task includes completion of a Drainage Technical Memorandum as well as two (2) Hydrology Reports, one for each build alternative. The original scope of work included one (1) Hydrology Report for the Preferred Alternative only. The Technical Memo and second Hydrology Report are now required by Caltrans. Subtask 8.2 Budget Increase Requested = $3,280 Task 8 Budget Increase Requested = $6,560 reuzer Task 10 — Water Quality Documentation Under this task KCG is required to complete Water Quality Management Plan ("WQMP") and Storm Water Data Report ("SWDR") documents for both project build alternatives. The original scope of work included preparation of these documents for the Preferred Alternative only. These additional reports are required by Caltrans in support of the environmental document. Task 10 Budget Increase Requested = $4,960 Task 11— Environmental Document (CEQA Compliance) There are two extra work components to this task. One, Caltrans requires a PEER report as part of the environmental process. This document was not included in our original scope of work, and the additional cost for its preparation and filing is $10,520. Second, our environmental subconsultant, Psomas, is requesting additional fees in the amount of $19,250 to cover off preparation and processing costs needed to satisfy Caltrans procedures and requirements. These additional efforts are summarized in detail in the Psomas extra work request contained in Attachment A herein. Task 11 Budget increase Requested = $29,770 Task 13 — Final PS&E To develop the environmental document, KCG needs to advance the project final plans to a 65% completion level for both project build alternatives to satisfy Caltrans technical review comments on the environmental document and corresponding technical reports. Our original scope of work included final plan development (including 65% plans) for the Preferred Alternative only. Task 13 Budget increase Requested = $27,365 In summary, we are hereby requesting a total budget increase of $90,155, summarized as follows: Task 1-PM, Administration & Meetings $21,500 Task 8-Preliminary Design Plans $6,560 Task 10-Water Quality Documentation $4,960 Task 11-Environmental Document $29,770 Task13-Final PS&E $27,365 Total Requested $90,155 Attachment B in Exhibit B contains a breakdown of manhours and fees for the tasks identified above. Attachment A Psomas Extra Work Request PSOMAS November 14, 2017 Mr. Rick Kreuzer Kreuzer Consulting Group 320 Main Street, Unit D Seal Beach, California 90740 Balancing the Natural and Built Environment VIA EMAIL rick@kreuzerconsulting.com Subject: Old Newport Boulevard at West Coast Highway Environmental Documentation Revised Scope of Work Dear Mr. Kreuzer: As you are aware, the processing of the Old Newport Boulevard improvements at West Coast Highway through the California Department of Transportation (Caltrans) has been a very prolonged process. Despite Psomas' efforts to be responsive to Caltrans' requests and making comprehensive revisions to the environmental document, additional Caltrans review cycles of the Initial Study/Negative Declaration (IS/ND) have been required. Psomas has made every effort to incorporate this additional work effort into our existing budget; however, given the extent of the extra work effort, a contract amendment is necessary. The need for such an amendment has been raised in informal discussions with the City of Newport Beach. The revisions are necessary due to the extra review cycles of the Draft IS/ND and extension of the Project schedule by over two years, which have consumed the budget left for the Final phases of the IS/ND. Attachment A provides a discussion of the Additional Work Effort and Fee Estimate for completing the CEQA process. If you have any questions, please do not hesitate to contact me at (714) 481-8050. Sincerely, PSOMAS Kathfeen Brady, AICP Vice President, Psomas cc: Mike Sinacori, City of Newport Beach (MSinacori@newportbeachca.gov) Patrick Arciniega, City of Newport Beach, (PArciniega@newportbeachca.gov) Attachment A — Additional Work Effort and Fee Estimate R:\Projects\KRU_Kreuzer1J00111SOW\SOW Old Newport Revised-1 11417.docx Tel 7I4.751.7373 www.Psomas.com Old Newport Boulevard at West Coast Highway ATTACHMENT A Under contract to Kreuzer Consulting Group, Psomas was contracted to prepare an Initial Study leading to a Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines. The scope was amended in February 2014 to reflect the revised work effort with Caltrans as the lead agency, with further revisions although no budget amendment in April 2014. The scope of work assumed the evaluation of one Build and a No Build Alternative, consistent with Category 4B of the Caltrans Project Development Procedures Manual. The modified scope of work assumed three rounds of review for the technical studies and the IS/MND by Caltrans. However, due to continued requests for modification to the project by Caltrans, additional review cycles were required. Concerns related to right-of-way and loss of parking became issues that extended the project schedule and necessitated additional coordination between the City, Caltrans, and the consultant. The primary changes stem from the following: • Only one Build alternative was scoped for in the scope. This was revised to include a second alternative based on feedback from Caltrans. Additionally, the identification of the preferred alternative was modified several times, which necessitated reformatting of the document and modifications to the exhibits. This occurred right up to immediately before the document was to be released for public review, when the document needed to be revised to reflect the change of names of the Build Alternatives to Design Variations to conform to the Caltrans Permit Engineering Evaluation Report (PEER) standards. Due to the alternatives' name change to Design Variations, additional technical reports errata sheets were prepared for Caltrans in order to make the technical reports and environmental document consistent. Additional coordination occurred to accomplish this task. • After the second Caltrans review, Caltrans directed Psomas to change the level of environmental documentation from IS/MND to IS/ND, which necessitated additional editing and proofreading of the document. The approved Scope of Work and fees for the project were based on feedback from Caltrans that three review cycles would be sufficient for the Draft IS/MND to go for the Public Review. However, over the course of the project, the number of review cycles substantially increased. With each submittal, all of Caltrans' comments were responded to and documented in comment matrix tables. Upon each review, Caltrans raised new comments or requested changes in the direction by the project team. Ultimately, a total of I 1 review cycles were required prior to the Draft 1S/ND being approved for public review. As a result, substantially more time, research, and coordination with the agencies was required. • Based on early coordination with Caltrans, a l2-month schedule was assumed in the 2014 scope of work. Due to additional review cycles, the project schedule is projected to extend to a total of 46 months. Extension of the project schedule has required additional time toward managing the project, responding to both City and Caltrans, and participating in additional meetings and conference calls in order to complete the environmental process. • Over the course of the project, due to the number of issues associated with Caltrans reviewers and proposed alternatives, Psomas participated in a minimum of 14 Project Design Team meetings, exceeding the previously scoped 8 meetings that were assumed. In addition, Psomas has participated in numerous coordination calls, both with the City and Caltrans, to try to resolve issues. RiProjects\KRUKreuzer1J0011VSOW1S0W0IdNewport Revised. I11417.docx A- I Additional Work Effort and Fee Estimate Old Newport Boulevard at West Coast Highway • Based on the minor improvements being proposed and the associated limited impacts, the scope of work assumed minimal effort for the response to comments. However, a total of 26 comment letters were received. It is assumed that three review cycles of the Final IS/ND will be required to complete the CEQA process. To accommodate the additional work required to process the IS/ND, Psomas is requesting an additional $19,250.00. The key tasks are identified in the table below. PROPOSED FEE Proposed Scope Fee Additional review cycles (10 hours of staff/per extra review) $11,200.00 Additional meeting/coordination (6 additional meetings) $3,330.00 Project Management (1 additional hour per month) $4,720.00 Total $19,250.00 R:1ProjectshKRU Kreuzer\J0011\SOw1SOW Old Newport Revised-111417.docx A-2 Additional Work Effort and Fee Estimate EXHIBIT B SCHEDULE OF BILLING RATES RAK Development, Inc. DBA Kreuzer Consulting Group Page B-1 FEE SCHEDULE FOR EXTRA WORK CITY OF NEWPORT BEACH OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY IMPROVEMENTS Task w 1.-N az $200 0 z o $105 :- m i. N N (2 < I < a Z aim m o TOTAL TASK 1.0- PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS 100 $1,500 S21,500 $21.500 SUBTOTAL TASK 1.0 MANHOURS SUBTOTAL TASK 1.0 COSTS 100 $20,000 $1,500 $21,500 $21,500 TASK 8.0 - PRELIMINARY DESIGN PLANS 8.2 Geometric Design 8 16 $3,280 $3.280 8.3 Drainage Design 8 16 $3,280 $3,280 Reimbursab/es SUBTOTAL TASK 8.0 MANHOURS SUBTOTAL TASK 8.0 COSTS 16 $3,200 32 $3,360 $6,560 $6,560 TASK 10.0 - WATER QUALITY DOCUMENTATION 9.1 Water Quality Management Plan (WQMP) 4 16 $2,480 $2.480 9 2 Stormwater Data Report (SWDR) 4 16 $2,480 $2,480 SUBTOTAL TASK 10.0 COSTS SUBTOTAL TASK 10.0 COSTS 8 $1,600 32 $3,360 $4,960 $4,960 TASK 11.0 - ENVIRONMENTAL DOCUMENTS (CEQA COMPLIANCE) 40 24 $10,520 $19.250 $19.250 $29,770 SUBTOTAL TASK 11.0 MANHOURS SUBTOTAL TASK 11.0 COSTS 40 $8,000 24 $2,520 $10,520 $19,250 $19,250 $29,770 TASK 13.0 - FINAL PS & E - Title Sheet (1) 1 2 $410 $410 - Typical Sections (1) 1 4 $620 $620 - Details (2) 4 8 $1,640 $1,640 - Roadway Plan & Profile (2) 16 32 $6,560 $6.560 - Storm Drain Plan (1) 4 8 $1,640 $1.640 - Storm Drain Profiles (1) 4 8 $1.640 $1.640 - Offsite Improvements (2) 4 8 $1,640 $1.640 - Signing & Striping Plans (2) 2 4 $820 $820 - Traffic Control Plans (4) 8 24 $4.120 $4.120 - Cross Sections (9) 9 27 $4,635 $4,635 - Cost Estimates 4 8 $1,640 $1,640 Reimbursables $2,000 $2,000 $2,000 SUBTOTAL TASK 13.0 MANHOURS SUBTOTAL TASK 13.0 COSTS 57 $11,400 133 $13,965 $2,000 $27,365 $27,365 MANHOUR GRAND TOTALS FEE GRAND TOTALS 221 $44,200 221 $23,205 $3,500 $70,905 $19,250 $19,250 $90,155 L \119-Newport Beach\002-PCH & Old Newport\Conlractual\Revised Final Plan Fee Schedule Old Newporl 04162018 xlsx Attachment B Manhour/Fee Breakdown 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 and employees. 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 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. RAK Development, Inc. DBA Kreuzer Consulting Group Page C-1 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 and employees 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 and employees 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: 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. RAK Development, Inc. DBA Kreuzer Consulting Group Page C-2 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. 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 RAK Development, Inc. DBA Kreuzer Consulting Group Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. RAK Development, Inc. DBA Kreuzer Consulting Group Page C-4 AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 8th day of August, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP, a California corporation ("Consultant"), whose address is 320 Main Street, Unit D, Seal Beach, CA 90740, and is made with reference to the following: RECITALS A. On April 25, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for civil engineering services for design of Old Newport Boulevard and West Coast Highway ("Project"). B. On June 25, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to extend the term of the Agreement and to increase the total compensation. C. On June 4, 2015, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to extend the term of the Agreement and to update insurance requirements. D. The parties desire to enter into this Amendment No. Three to extend the term of the Agreement to April 24, 2018. 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 24, 2018, unless terminated earlier as set forth herein." 2. 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] IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT R � kY'S OFFICE Date: By: _nd,A-- Aaron C. arp gM� City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager CONSULTANT: RAK Development, Inc. DBA Kreuzer Consulting Group, a CaliforniacprpQ ration Date: � 3 !GV By: _ Rick Kreuzer President Date: 6 l3 /1(,v By: Kim euzer Secretary [END OF SIGNATURES] RAK Development, Inc. DBA Kreuzer Consulting Group Page 2 T T - A U AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH KREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 4th day of June, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and KREUZER CONSULTING GROUP, a California corporation ("Consultant"), whose address is 320 Main Street, Unit D, Seal Beach, CA 90740, and is made with reference to the following: RECITALS A. On April 25, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for civil engineering services for design of Old Newport Boulevard and West Coast Highway ("Project"). B. On June 25, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to update insurance requirements and to extend the term of the Agreement to June 30, 2016. 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 June 30, 2016, unless terminated earlier as set forth herein." 2. INSURANCE Exhibit C of the Agreement shall be amended in its entirety and replaced with Exhibit C-1, attached hereto and incorporated herein by reference. 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] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNE`Y'S OFFICE a California municipal corporation Date: �� 1 (� Date: By: \tkBy: Aaron C. Harp V, Dave Riff City Attorney City Manager ATTEST: CONSULTANT: Kreuzer Consulting Date: 7V5 Group, a aliforniacorporation Date: ��t�� By: Leilani I. Brown City Clerk 0 Rick Kreuzer President Date: By: Kim Kreuzer Secretary [END OF SIGNATURES] Attachments: Exhibit C-1 — Insurance Requirements Kreuzer Consulting Group Page 2 EXHIBIT C-1 INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, 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 Agreement, including coverage for any owned, hired, non -owned or rented Kreuzer Consulting Group Page C-1 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 elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non 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: 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 Kreuzer Consulting Group Page C-2 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Kreuzer Consulting Group Page C-3 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. Kreuzer Consulting Group Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/25/15 Dept./Contact Received From: Raymund Date Completed: 6/30/15 Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: Kreuzer Consulting Group Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/31/14-8/31/15 A. INSURANCE COMPANY: Valley Forge Insurance Company B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ® No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/31/14-8/31/15 A. INSURANCE COMPANY: Valley Forge Insurance Company B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 2,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ® Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/31/14-8/31/15 A. INSURANCE COMPANY: Valley Forge Insurance Company B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY (EXPIRED) V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 6/30/15 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date ® Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No 7I ■ RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Professional Liability — Travelers Casualty & Surety Co, Eff 8/31/14 to 8/31/15 AM Best Rating: A++: XV Admitted. Approved: Risk Management * Subject to the terms of the contract. Date AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH KREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 25th day of June, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAK Development, Inc, a California corporation doing business as ("DBA") KREUZER CONSULTING GROUP ("Consultant"), whose address is 320 Main Street, Unit D, Seal Beach, CA 90740, and is made with reference to the following: RECITALS A. On April 25, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for civil engineering services for design of Old Newport Boulevard and West Coast Highway ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to June 30, 2015 and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on April 25, 2013, and shall terminate on June 30, 2015, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One 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 Forty Thousand Six Hundred Fifty -Four Dollars and 00/100 ($440,654.00), 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 One Hundred Fifteen Thousand Nine Hundred Twenty Dollars ($115,920.00). 4. 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] Kreuzer Consulting Group Page 2 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: 14 By: 'l �(��1 r,! rn (A_.� Aaron C. Harp City Attorney ATTEST: Date: i-3.1� By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a Califora municipal corporation Date: CO •1.1r7t 'I'4 By: 311Q Rush N. Hill, II (a 1) Mayor CONSULTANT: Rak Development, Inc., a California corporation DBA Kreuzer Consulting prop Date: 9 / l By. Rick re .. er, PE President Date: By: -3><jt---*w-"0-' Kim Kreuzer Secretary [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Kreuzer Consulting Group Page 3 EXHIBITA SCOPE OF SE VIC Kreuzer Consulting Group Page A-1 reuzer o1,� `1su1�' rig :-zi� p J April 14, 2014 Mr. Patrick Arciniega, PE City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663-3884 Re: Change Order Request #1— PCH @ Old Newport Intersection Improvements Dear Mr. Arciniega, We are hereby requesting your consideration of this Change Order Request #1 for the subject project. This request covers two items of extra work not covered under our original scope of work for the project, summarized as follows: Task A — IS/MND with Caltrans as the Lead Agency The original scope of work for the environmental document on the project assumed the preparation of an IS/MND pursuant to CECZA with the City of Newport Beach as the lead agency. After multiple meetings with Caltrans District 12, it has been determined that Caltrans will act as the lead agency for the preparation and processing of the IS/MND. Caltrans has more stringent requirements for their CEQA documents including greater use of stand-alone technical reports, the use of specific templates, and their internal review process. Our environmental subconsultant, BonTerra Consulting, has prepared a detailed scope of work and fee request to address the substantial increase in time, research coordination and review that will be realized with Caltrans as the lead agency. BonTerra's extra work proposal is enclosed herein as Attachment 1. Task B — Utility Potholing Potholing of existing utilities is required to facilitate the vertical design of the proposed storm drain lateral connections for the project. We have identified the need for 9 pothole locations. Potholing was not included in the original scope of work. Attachment 2 contains a proposal from C Below, Inc. to perform all work to conduct the 9 potholes, including all scheduling, coordination and permitting required. ??0 Main Stre_' LP. :t D • Seal Beach. CA ?1740 • phone 714-656-016n • f' x 714-656-0165 We are requesting a budget augmentation of $115,920 to cover these two items of work, summarized as follows: TASK A - IS/MND WITH CALTRANS AS THE LEAD AGENCY TASK B - UTILITY POTHOLING SUBTOTAL TASK A MANHOURS SUBTOTAL TASKA COSTS SUBTOTAL TASK B MANHOURS SUBTOTAL TASK B COSTS .ram 24 24 $4,800 4 4 $800 12 12 $1,260 4 4 $420 IM/M134- 4x3Pa z Z fib..., �yN Z o m el $6,060 $99,410 $99,410 TOTAL $105,470 $1,220 $9,230 $9,230 $10,450 $1,220 $9,230 $9,230 $10,450 MANHOUR GRAND TOTALS FEE GRAND TOTALS 28 $5,600 16 $1,680 $7 280 $99,410 $9,230 $108,640 $115,920 We appreciate your consideration of this request. If you have any questions or require additional information, please do not hesitate to call. Respectfully Submitted, f4-6P-•-•eft Rick Kreuzer, PE President /encl. ATTACHMENT 1 BonTerra Scope/Fee for Task A February 18, 2014 Revised April 14, 2014 Rick Kreuzer Kreuzer Consulting Group 320 Main Street, Unit D Seal Beach, California 90740 Balancing the Natural and Built Environment VIA EMAIL rick@kreuzerconsulting.com Subject: Old Newport Boulevard at West Coast Highway Environmental Documentation Revised Scope of Work Dear Mr. Kreuzer: We are pleased to submit this revised Scope of Work for the Old Newport Boulevard at West Coast Highway project based on the change in lead agency from the City of Newport Beach to the California Department of Transportation). The revised Scope of Work is based on our informal discussions with the City of Newport Beach, your firm, and Caltrans regarding the scope for the project; Caltrans would be responsible for accepting the scope as meeting its requirements for the proposed project. The revisions are necessary to respond to the requirements of Caltrans where Caltrans would serve as the lead agency for the environmental documentation and related discretionary approvals. Caltrans has more stringent requirements for their CEQA documents including greater use of stand-alone technical reports, the use of specific templates, and their internal review process. The proposed Scope of Work reflects the need for substantially more time, research, coordination between the agencies, review cycles, and schedule extension than would be necessary with the City serving as the lead agency. Attachment A includes the Scope of Work and Fee Estimate based on the assumptions in the Scope of Work. We would be happy to meet with you and the City of Newport Beach to discuss this proposed Scope of Work. If you have any questions, please do not hesitate to contact me at (714) 444-9199. Sincerely, BonTerra Psomas Dana C. Pri Vice President, Environmental Planning Attachments: A — Scope of Work and Fee Estimate B — Schedule R:\Projects\Kreuzer\J0011\Old Newport Revised SOW-041414r.docx 2 Executive Circe Suite 175 Irvine, CA 92614 Tel 714.444.9199 Fax 714.444.9593 www.BonTerraPsomas.com Old Newport Boulevard at West Coast Highway ATTACHMENT A REVISED SCOPE OF WORK AND FEE ESTIMATE FOR THE OLD NEWPORT BOULEVARD AT WEST COAST HIGHWAY PROJECT Under contract to Kreuzer Consulting Group, BonTerra Psomas was contracted to prepare an Initial Study leading to a Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines. The approved Scope of Work identified the City of Newport Beach (City) as the lead agency for the CEQA documentation and project approvals. The City's Request for Proposal (RFP) identified that only an encroachment permit would be needed from Caltrans; therefore, the City would be the lead agency. Our City -approved Scope of Work did not assume the review of any technical analyses or the Initial Study by Caltrans prior to the public review period. Because the widening of West Coast Highway west and east of and improvements to Old Newport Boulevard includes improvements within the California Department of Transportation (Caltrans) right-of-way, the City has been meeting with Caltrans District 12. As a part of the coordination effort, Caltrans identified that they are typically the lead agency for State Highway projects although a local municipality may request to have the lead agency role. The City formally requested to be the lead agency for the Old Newport Boulevard project; Caltrans did not concur with the request. BonTerra Psomas has prepared a revised Scope of Work and fees for the preparation of an IS/MND with Caltrans serving as the lead agency and the City as a responsible agency. The Scope of Work is based on our informal discussions with the City and Caltrans regarding the scope for the project; Caltrans would be responsible for accepting the scope as meeting its requirements for the proposed project. The following Scope of Work assumes that the use of the Caltrans Focused (Checklist) Initial Study template is appropriate. The template is considered for projects meeting the following criteria: • A brief project description is sufficient to state why the project is proposed (no purpose and need description is assumed). • Only one build alternative is being considered. • The project falls under Category 4B of the Project Development Procedures Manual (PDPM). Category 4B Projects are those that do not require substantial new right-of-way and do not substantially increase traffic capacity. Compliance with the public hearing process is not normally required; however, the PDT should carefully weigh the effects of the project. Even though reconstruction is taking place within the existing right-of-way, impacts of sufficient magnitude may make it prudent to provide a public hearing or "Notice of Opportunity." Final determination is made by the district director. • The project has only one or two minor impacts. At the directive of the City, we have identified the proposed Scope of Work and identified how the proposed scope is different from the existing scope which had the City of Newport Beach as the lead agency. The primary changes stem from the following: R:\Projects\Kreuzer\J0011\Old Newport Revised SOW-041414r.docx A- 1 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway • The approved Scope of Work and fees for the project was based on direction from the City to prepare an IS/MND with the City as the lead agency. The City can use more discretion than Caltrans for its CEQA documents. While CEQA documents prepared for both the City and Caltrans must meet the requirements of CEQA and the State CEQA Guidelines to provide an adequate document, the City does not dictate the format of the technical analysis. For example and in the case of the Old Newport Boulevard Project, our existing scope assumed a very brief biological site visit documenting the lack of significant biological resources on the project site. This approach was two -fold: (1) limit the technical analysis while providing adequate substantiation to support these findings; and as importantly (2) limit our fees to the City and timeframe for completion of the Initial Study/Mitigated Negative Declaration. Under Caltrans we will need to prepare a Natural Environment Study -Minimal Impacts, which expands the scope and review process for a topical area where it is known there are no resources. Caltrans has more stringent requirements for their CEQA documents including greater use of stand-alone technical reports, the use of specific templates, and their internal review process. Because the CEQA analysis and reports under Caltrans lead will have to meet both the City and Caltrans standards and be reviewed by both agencies, the proposed Scope of Work reflects the need for substantially more time, research, coordination between the agencies, review cycles, and schedule extension. • Additional review parties during the preparation of both the technical reports and the Initial Study. The existing scope does not assume review by Caltrans prior to the public review period. Caltrans requires that technical reports to be reviewed and approved prior to their incorporation into the Initial Study. Each review cycle is typically three or more weeks; two to three review cycles per technical report is assumed in this Scope of Work because of Caltrans' protocol of requiring sequential reviews by various level staff (i.e., generalist, specialist, and senior). This is consistent with our prior experience working on Caltrans' projects and discussions with Caltrans staff. • The proposed Scope of Work reflects review of all documentation by Caltrans as well as additional review cycles. • The extension of the schedule for completion of the Scope of Work because of the need to prepare additional technical reports and review of all work products by Caltrans and the City. • Due to the change of the lead agency to Caltrans the project schedule will be extended to streamline project coordination, accommodate preparation and additional review cycles of technical reports, and the IS/MND. Extension of the project schedule will require additional time managing the project, responding to both agencies, and participating in additional meetings and conference calls in order to streamline and complete the environmental process on time. The previous project schedule was anticipated to be approximately 6 months; Caltrans involvement would necessitate extension of the project schedule to approximately 12 months. We can continue work on the project immediately following acceptance of the revised Scope of Work from both the City and Caltrans and the revised budget by the City. R:1Projects\Kreuzer1J0011101d Newport Revised SOW-041414r.docx A-2 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway SCOPE OF WORK Task 1 Project Re -Initiation BonTerra Psomas will attend a kick-off meeting with Caltrans and the City and the Project Team to discuss new roles and responsibilities under CEQA. The kickoff meeting will provide an opportunity for Project Team members to review the proposed approach for completing the CEQA documentation; to establish lines of communications and expectations; to set the schedule; to discuss information needs and any outstanding issues; to develop strategies for addressing these issues; and to identify sensitivities and potential issues of concern to citizens, organizations, or other agencies that need to be considered during the planning process. Task 2 Preparation of an Initial Study Leading to a Mitigated Negative Declaration In compliance with Section 15063 of the CEQA Guidelines, BonTerra Psomas will prepare the IS/MND. The Initial Study will be based on literature review, site visits, and technical reports identified below. It is assumed only one build alternative will be evaluated in the Initial Study. The Caltrans Focused (Checklist) Initial Study template for CEQA only documents will be used. This Scope of Work assumes that all technical reports will first be submitted to the City for review prior to submittal to Caltrans. As previously addressed, Caltrans will require that the technical reports be approved by its technical specialists in the Project Development Team prior to use for the Initial Study. Technical reports can be submitted to Caltrans as they are completed. All documents resubmitted to Caltrans must be accompanied by a response matrix identifying Caltrans' comment, the response, and where the change can be found in the document. Our Scope of Work reflects that Caltrans typically requires four hard copies of each submittal as well as revised documents. To expedite the project schedule, BonTerra Psomas can start preparation of the Initial Study sections that are not supported by the technical reports. This Scope of Work also assumes that the screencheck Initial Study would be submitted to the City for a preliminary review prior to submittal to Caltrans. Once revisions to the Initial Study have been made to respond to the City comments, the Initial Study will be submitted to Caltrans. Two rounds of revisions are assumed, with the third submittal to Caltrans being final document. Following is a description of the work effort for assessing potential environmental effects relative to each topical issue. Project Description BonTerra Psomas will prepare a draft Project Description for review and approval prior to preparation of the Initial Study. The project description will describe the project's activities, identify and discuss any jurisdictional issues relating to project commencement such as the acquisition of applicable permits, project duration, location and a listing of related environmental review and consultation requirements mandated by federal, State or local laws, regulations or policies [CCR Title 14, Section 15124]. The Caltrans Initial Study checklist includes the following topics: R:1Projects\KreuzerU0011101d Newport Revised SOW-041414r.docx A-3 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway Aesthetics Based on the Caltrans Visual Impact Assessment Guide, this Scope of Work assumes that the project can be supported by Visual Assessment memorandum to document potential changes to the visual setting on the project site. The memorandum is the least complicated type of Visual Impact Assessments permitted by Caltrans and assumes that a project has no or very limited changes in the visual characteristics of the project site and the surrounding area. The memorandum will assess potential visual changes resulting from the implementation of the project. This analysis will focus on the project's compatibility with surrounding land uses and change to the character of the site. Photographs will be taken of the site and from selected off - site viewpoints to depict the character of the project area. No significant visual impacts are anticipated due to the nature of the proposed roadway project. The memorandum will be submitted for City and Caltrans review. This level of analysis would be generally consistent with our original Scope of Work. However, we did not assume the preparation of a separate technical report which would be subject to additional review by Caltrans. We would have prepared a simple, visual analysis discussion in the Initial Study that would have been submitted to City as a part of the Initial Study document. If Caltrans determines that visual simulations or an abbreviated or full Visual Impact Assessment is required, a budget augment would be required. Deliverable: Visual Resources Memorandum and discussion in the Initial Study Agriculture and Forest Resources The California Department of Conservation's Farmland Mapping and Monitoring Program shows that the site is not designated as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Significance. The Initial Study will contain a statement identifying the lack of agricultural or forestry resources or operations on site. No change in the Scope of Work is required. Deliverable: Narrative discussion in the Initial Study; a separate technical report is not required. Air Quality BonTerra Psomas will prepare quantitative estimates of construction mass emissions and local emissions for comparison with South Coast Air Quality Management District (SCAQMD) CEQA thresholds. The project is not included in the Southern California Association of Governments (SCAG) approved 2012 Regional Transportation Plan (RTP) or 2013 Federal Transportation Improvement Program (FTIP) through Amendment 14. Therefore, BonTerra Psomas will analyze the operational impact of the project by estimating the change in long-term emissions based on vehicle miles traveled (VMT) and average speed data and EMFAC 2011 emission factors for the existing, anticipated future without project, and future with project cases. The analysis will include qualitative discussions of toxic air pollutant impacts from diesel particulate emissions from equipment and vehicle operations, odors, and consistency of the project with the applicable air quality management plans. The analysis methodologies will be consistent with SCAQMD policies. If potential significant impacts are identified, mitigation measures will be recommended. R:1Projects\KreuzerW00111O1d Newport Revised SOW-041414r.docx A-4 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway The results of the analysis will be included in a technical report that will also include a description of the existing conditions, applicable regulations, and methodologies. To minimize cost, our original Scope of Work assumed that a stand-alone technical report would not be required. Rather the information would be documented in the Initial Study and supporting materials (such as air quality model run information and literature search data; this is not the same level of effort as preparing a technical report) provided in the appendices to the Initial Study. The revised Scope of Work assumes a technical report that will have to be approved by Caltrans prior to its use in the CEQA document which is not included in our existing Scope of Work. The technical report will entail additional review cycles and anticipated revisions to the technical report prior to its incorporation into the Initial Study. Assumption: Caltrans is the lead agency for this project and has made a preliminary determination that the project is capacity enhancing. However, there is no federal involvement, therefore the Clean Air Act Transportation Conformity Rule is not applicable, and no conformity analysis is required. Deliverable: Air Quality Technical Report and discussion in the Initial Study Biological Resources BonTerra Psomas will prepare a Natural Environment Study (Minimal Impacts) (NESMI) technical report. Caltrans has a specific template for the preparation of a NESMI (NES template 2009). As a part of the preparation of the NESMI, BonTerra Psomas will conduct a literature review; sources to be reviewed include (1) special status species lists from the California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS), and California Native Plant Society (CNPS); (2) database searches of the CDFW's California Natural Diversity Database (CNDDB) and the CNPS' Electronic Inventory of Rare and Endangered Vascular Plants of California; (3) the most recent Federal Register listing package and critical habitat determination for each federally listed Endangered or Threatened species potentially occurring within the project site; (4) the CDFW Annual Report on the status of California's listed Threatened and Endangered plants and wildlife; and (5) other biological studies conducted in the vicinity of the project site. The project site does not appear to contain suitable habitat for any listed species. A general walkover survey and habitat mapping will be conducted to document the species composition of the vegetation types on the project site. Plant and wildlife species observed during the survey will be recorded in field notes. Because the project would likely require removal of stands of mature ornamental trees, it will need to comply with the City Tree Policy and Municipal Code, Migratory Birds Treaty Act, and California Department of Fish Wildlife code pertaining to nesting raptors. Our existing Scope of Work only assumed that a BonTerra Psomas Biologist would conduct a brief site visit the project site to validate the lack of State -listed or federally listed Threatened or Endangered species, or species otherwise designated as special status by State and local resources agencies and organizations. A memo would have been prepared to document the findings and provided to the City as a part of the Initial Study. The preparation of a NESMI is a more time -intensive technical report that must be approved by Caltrans prior to its incorporation into the Initial Study. Deliverable: Natural Environment Study — Minimal Impacts Technical Report and discussion in the Initial Study R:tProJectstKreuzer\J0011101d Newport Revised SOW-041414r.docx A-5 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway Cultural Resources Based on initial discussions with Caltrans regarding the proposed project, Caltrans has identified that a Historical Resources Compliance Report (HRCR) is required. The HRCR functions as the umbrella document from which planning decisions are made for projects and activities without federal involvement. It summarizes and appends the Caltrans documents completed for the project. The HRCR is similar to the Historic Property Survey Report (HPSR) which is the umbrella document for projects that constitute a federal action. It is assumed, based on the nature of the project, that a Paleontological Identification Report (PIR) is not needed; however, a paleontological records search will be conducted for the CEQA document. Our existing Scope of Work only assumed the preparation of a Phase I cultural resources study that would include a cultural resources literature review; a paleontological resources records search and literature review; and Native American consultation. A field survey was not included. Contact with the California Native American Heritage Commission (NAHC) for a review of its Sacred Lands File would be initiated to obtain a list of local Native American contacts; BonTerra Psomas would prepare and send informational letters. We would have prepared a brief letter report documenting the findings of the literature reviews which would have been appended to the Initial Study. With Caltrans involvement, some of the work proposed will still be completed but the reporting scope would change. The updated scope follows: Area of Potential Effects (APE). The revised scope assumes that BonTerra Psomas will consult with Caltrans to produce an Area of Potential Effects (APE) map for the project. The APE will include those areas of the proposed project in which cultural resources could potentially be impacted. The map will be submitted to Caltrans for review and approval. Two rounds of review are assumed. Preparation of an APE was not assumed in our existing scope. Archaeological Survey Report (ASR). BonTerra Psomas will prepare an Archaeological Survey Report that consists of a Phase I cultural resources reconnaissance and assessment that will include background research, a cultural resources records search, Native American and public scoping, a pedestrian survey, and the ASR document that describes the results of the study. The records search, completed through the California Historical Resources Information System (CHRIS) at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton has already been completed as part of our existing Scope of Work and will not be repeated. The search included an examination of cultural resources studies in the vicinity, historic maps of the project area, and the Historic Resource Inventory (HRI) maintained by the California Office of Historic Preservation. The HRI contains listings for the National Register of Historic Places, the California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest properties. BonTerra Psomas will contact the Califomia Native American Heritage Commission (NAHC) for a review of its Sacred Lands File. Consultation with Native American contacts, as provided by the NAHC will be made through information letters, but formal government -to -government Native American consultation under Senate Bill (SB) 18 is not required and will not be conducted. Follow up telephone calls will be made to those contacts that do not initially respond to ensure a good -faith effort. The findings of this research will be summarized into the Initial R:\ProJects'Kreuzer\J0011\Old Newport Revised SOW-041414r.docx A-6 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway Study, with mitigation measures provided, if necessary. Results will be included in the ASR. Our existing scope does not assume a field walk over or an ASR. Historic Resources Evaluation Report (HRER). Because of the presence of historic buildings and potential remnants of the train/trolley tracks that once ran up Old Newport Boulevard, Caltrans has identified that a Historic Resources Evaluation Report (HRER) is necessary. The HRER will be used to document the identification, recordation, and evaluation for historical archaeological resources and built environment resources. The study will include a historical overview and context based on background and source -specific research; a description of the resources within the APE, their significance; and findings and conclusions. A State of California Department of Parks and Recreation (DPR) 523 site records will be prepared for each resource. Preparation of an HRER (or the level of analysis associated with the preparation of an HRER) was not assumed in our scope. Historical Resources Compliance Report (HRCR). The HRCR is the summary document that describes and appends each of the studies completed for the project. Appended to it are the following technical reports: Historical Resources Evaluation Report (HRER) and the Archaeological Survey Report (ASR). The HRCR has a mandated report format and content guide and combines identification, evaluation, impact assessment, and mitigation into a single document. It is assumed that a "short -form HRCR is appropriate for this project. Preparation of an HRCR was not assumed in our scope. Deliverables: Historic Resources Compliance Report including an Architectural Survey Report (ASR) and a Historical Resources Evaluation Report (HRER) and discussion in the Initial Study Geology and Soils Under contract to Kreuzer Consulting Group, Albus-Keefe & Associates, Inc. has prepared a geotechnical investigation of the proposed project improvements. BonTerra Psomas existing and proposed Scope of Work assumes that the report is adequate to address the issues identified in the CEQA Initial Study Checklist, as well as Caltrans requirements. Subject to the acceptance of the technical report by Caltrans, we will summarize the findings in the Initial Study. Deliverable: Incorporation of technical report findings into the Initial Study Greenhouse Gas (GHG) Emissions BonTerra Psomas will address the potential effects of proposed project GHG emissions in accordance with the guidance provided in the March 2010 revisions to the State CEQA Guidelines. A quantitative estimate of the change in GHG emissions will be made using Vehicle Miles Travelled (VMT) and average speed data and EMFAC 2011 emission factors for the existing, anticipated future without project, and future with project scenarios. Construction GHG emissions also will be estimated and amortized over the project lifetime as recommended by SCAQMD. As there are no currently applicable quantitative significance criteria for GHG emissions for transportation projects, significance will be evaluated by considering the net change in estimated emissions, various criteria that have been considered or adopted by State and regional agencies and the City of Newport Beach for non -transportation projects. Significance will also be assessed by considering whether implementation of the project would conflict with R:1Projecls\KreuzerW00111O1d Newport Revised SOW-041414r.docx A-7 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs. Our existing Scope of Work assumed that a stand-alone GHG technical study would not be prepared. Rather the information would have been documented in the Initial Study and supporting materials (such as model run information and literature search data; this is not the same level of effort as preparing a technical report) would be provided in the appendices to the Initial Study. Under the proposed scope, the results of the GHG analysis will be provided as a separate technical study. The report will include a description of the existing conditions, applicable regulations, and methodologies. Supporting calculations will be included in appendices to the report. The technical report will entail additional review cycles and anticipated revisions to the technical report prior to its incorporation into the Initial Study. Deliverable: GHG Technical Report and discussion in the Initial Study Hazards and Hazardous Materials Under contract to Kreuzer Consulting Group, Partner Engineering and Science, Inc. has prepared a Phase I Environmental Site Assessment Report. Referred to by Caltrans as an Initial Site Assessment, the draft Phase I report notes that it was prepared in conformance with the American Society for Testing and Materials (ASTM) Standard E1527-05 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" which is what Caltrans requires for Initial Site Assessments. BonTerra Psomas' existing and proposed Scope of Work assumes that the report is adequate to address the issues identified in the CEQA Initial Study Checklist, as well as Caltrans requirements. The ISA would be subject to review and approval by Caltrans before incorporating into the Initial Study. Subject to the acceptance of the technical report by Caltrans, we will summarize the findings in the Initial Study. Deliverable: Incorporation of Initial Site Assessment technical report into the Initial Study Hydrology and Water Quality BonTerra Psomas will summarize the findings of the following reports to be provided by Kreuzer Consulting Group: Caltrans Storm Water Data Report and the Water Quality Management Plan. The existing and proposed Scope of Work assumes that these reports will be reviewed by Caltrans and will be adequate to address the issues identified in the Initial Study checklist. Deliverable: Incorporation of Caltrans Storm Water Data Report and the Water Quality Management Plan technical reports into the Initial Study Land Use and Planning This Scope of Work assumes that a Caltrans Community Impact Assessment technical report would not be required for the proposed project. No change in scope is proposed as a part of this revised proposal. BonTerra Psomas will describe the existing on site and surrounding land uses based on a site visit and review of aerial photographs. Consistent with Caltrans guidance, this Initial Study section will address the project's consistency with relevant State and local planning programs and plans including the City's General Plan and its Coastal Land Use Plan; existing and planned land uses and zoning; and current and past development trends. The analysis will R:iProJects\Kreuzer1J00111O1d Newport Revised SOW-041414r.docx A-8 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway discuss physical changes to the site including the realignment of Old Newport Boulevard and the reconfiguration of parking associated with commercial uses on West Coast Highway. Deliverable: Narrative discussion in the Initial Study; a separate technical report is not required. Mineral Resources The project site does not contain mineral resources. The topic will be addressed qualitatively in the Initial Study based on the findings of the City's General Plan and General Plan EIR. No change in the Scope of Work is deemed necessary. Deliverable: Narrative discussion in the Initial Study; a separate technical report is not required. Noise Our existing Scope of Work assumed the following tasks: BonTerra Consulting will visit the project site to identify the major noise sources and noise receptors in the project vicinity and free -flow traffic speeds on Old Newport Boulevard and West Coast Highway. Aerial photography indicates that the noise sensitive land uses near the project site are residences on La Jolla Lane and La Jolla Drive. Approximately four short- term (15-minute) noise level measurements will be taken to evaluate the existing ambient noise level conditions. BonTerra Consulting will review the project design and traffic analysis, and will model existing, anticipated future without project, and future with project traffic noise impacts using a Federal Highway Administration (FHWA) traffic noise model. Future noise impacts will consider the revised road alignment and estimated future traffic volumes and speeds. BonTerra Consulting will also evaluate potential temporary noise and vibration impacts during construction. With Caltrans as the lead agency, their noise analysis requirements differ from the City of Newport Beach; we do not currently have these modeling capabilities in-house. As such, the following Scope of Work is proposed. BonTerra Psomas will coordinate with Entech Consulting Group for the preparation of the Noise Study Report subject to the Caltrans requirements. BonTerra Psomas will summarize the technical report in the Initial Study. Under a subcontract to BonTerra Psomas, Entech Consulting Group will perform the noise analysis and prepare the Noise Study Report in conformance to the Caltrans Noise Protocol (May 2011) which has incorporated the latest updates to the federal requirement of 23 CFR 772. The analysis will use the Caltrans TeNS (November 2009) and the TNM 2.5 model to analyze impacts. Although no federal funding is proposed for the project, the noise study will require following established protocols and guidelines outlined in the Caltrans Noise Protocol (May 2011) and the Caltrans TeNS Manual (November 2009). It is anticipated that the intersection improvement itself will not cause a significant noise impact, however noise from State Route (SR) 55 is likely to generate noise levels that approach or exceed the NAC. Project Coordination with Caltrans. Entech Consulting Group will work with BonTerra Psomas to obtain concurrence from Caltrans and the City on model inputs, assumptions, applicable regulatory requirements to evaluate noise impacts and methodology used for the noise analysis. R:IProjects'Kreuzer\J0011101d Newport Revised SOW-041414r.docx A-9 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway Conduct On -Site Monitoring of Sensitive Receptors. A reconnaissance of the project area was conducted to determine existing land use activities which may be affected by noise from the project. The area consists of residential properties located along La Jolla Drive and Santa Ana Avenue. These areas were reviewed to select noise measurement sites following guidance provided in the Caltrans TeNS document. One long-term measurement will be taken to determine the peak noisiest hour and four short-term measurements will be taken to characterize the existing environment and to assist with model calibration. Predictive Noise Modeling. Noise modeling will be conducted to predict current, future no -build and one build alternative noise levels using the appropriate noise predictive model TNM 2.5. Prediction is based on inputs such as forecasted traffic volume (average daily traffic), traffic mix (percentage of truck traffic), topography and distance of the project from the receptors. Peak hour noise in the design year for the proposed project will be modeled at selected noise sensitive receptors based on forecasted traffic volumes. Modeling must be adequate to accurately predict the noise levels at each of the receptors, assess the number of properties within 500 feet of the project that are impacted or will be impacted and determine the increase in traffic noise. Predicted noise impacts for the future build alternatives will be compared to the future no -build alternative to determine if a noise impact will occur. Noise Study Report. Entech will prepare a Noise Study Report based on the Caltrans annotated outline dated February 2008. The technical report will take into consideration impacts to frequent outdoor use areas, as defined by FHWA. It is anticipated that the intersection improvement will not significantly increase noise levels in the project area; therefore, noise abatement measures are not anticipated. As such, a noise abatement evaluation is not included in this Scope of Work. Deliverable: Noise Analysis Technical Report and discussion in the Initial Study Population and Housing The proposed project does not involve the removal of existing housing units or the generation of new residents; therefore, no significant impacts related to population and housing are anticipated as a result of the proposed project. BonTerra Psomas will provide a summary statement in the Initial Study to support this conclusion. No changes in the Scope of Work are proposed. Deliverable: Narrative discussion in the Initial Study; a separate technical report is not required. Public Services and Facilities The project would allow for the realignment of a segment of Old Newport Boulevard and the widening of a segment of West Coast Highway. Because of the nature of the project, no significant impacts on police or fire protection, schools or parks would be expected. BonTerra Psomas will coordinate with the respective service providers as necessary to substantiate this finding. No changes in the Scope of Work area proposed. Deliverable: Narrative discussion in the Initial Study; a separate technical report is not required. R:1Projects\Kreuzer1J0011\OId Newport Revised SOW-041414r.docx A-1 0 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway Recreation The proposed project would not increase residential uses and would not increase the demand for recreational facilities, nor would it require the construction of new facilities. BonTerra Psomas will prepare a qualitative discussion to identify the absence of impacts related to recreation. No changes in the Scope of Work area proposed. Deliverable: Narrative discussion in the Initial Study; a separate technical report is not required. Transportation, Circulation, and Parking Under contract to Kreuzer Consulting Group, Adventec will prepare a Traffic Study which meets Caltrans requirements for this project and addresses all CEQA Checklist questions. Upon Caltrans review and acceptance of the technical report, BonTerra Psomas will summarize the report into the Initial Study. Mitigation will be identified, as necessary. As noted, implementation of the proposed project would require the reconfiguration of parking associated with commercial uses on West Coast Highway. The adequacy of replacement parking will need to be addressed in the technical report. No changes in the Scope of Work area proposed. Deliverable: Incorporation of technical report into the Initial Study. Utilities and Service Systems As a part of the proposed project, the Project Team will investigate the need for relocation and/or upgrades to the utility infrastructure system. BonTerra Psomas will assess potential impacts to utilities based on this information. BonTerra Psomas will coordinate with utility purveyors, as necessary, to complete this analysis. No changes in the Scope of Work area proposed. Deliverable: Narrative discussion in the Initial Study; a separate technical report is not required. Task 2.2 Public Distribution of the Initial Study/Mitigated Negative Declaration Once approved, the Draft IS/MND will be distributed for public review. On behalf of Caltrans, BonTerra Psomas will submit 15 hard copies of the Summary Form for Electronic Document Submittal and 15 CDs of the entire document to the State Clearinghouse. We will provide CaItrans with 5 hard copies of the Initial Study with the technical reports on CDs and will provide Caltrans and the City with a CD for their use. Deliverables: 22 CDs, 5 hard copies of Initial Study, 15 hard copies of the Summary Task 2.3 Notice of Intent BonTerra Psomas would prepare a draft Notice of Intent (NOI) for review by Caltrans and the City. This Scope of Work assumes that a Notice of Public Hearing would be included in the NOI. If Caltrans in consultation with the City determines that a public hearing is not needed, the NOI will not include this information. This scope assumes that distribution of the NOI will be provided by Caltrans. Additionally, the NOI must be published in a general circulation newspaper; posted on the project site; and or mailed directly to adjacent property owners and R:\Projects\Kreuzer\J0011\Old Newport Revised SOW-041414r.docz A- 1 1 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway occupants. This scope assumes that this additional notification will be provided by Caltrans. BonTerra Psomas can post the notice with the County Clerk. The project requires a 30-day public review period for the IS/MND. Deliverable: Notice of Intent Task 2.4 Response to Comments/Final Initial Study/Mitigated Negative Declaration Once the 30-day public review period has ended, BonTerra Psomas will coordinate with the Caltrans, and the City and Project Team to review the comments received on the IS/MND and to develop an approach to responding to the comments. Topical responses, with a brief summary of the response and reference back to the larger response, will be used if multiple comments are received on the same issue. This approach will allow a more complete response without undue repetition. One screencheck copy of the Response to Comments document will be submitted to the City for review prior to official Caltrans review. The responses will then be revised based on comments on this document. In compliance with Section 15074 of the State CEQA Guidelines, Caltrans must consider the proposed IS/MND together with any comments received during the public review process. Pursuant to Caltrans' requirements, the IS/MND will be revised to incorporate any new or revised information obtained through the public review process and the Responses to Comments will be included in the final document. The City does not require that the Initial Study be revised to incorporate changes. The Final IS/MND will have the same review process through Caltrans as was done for the Draft IS/MND (i.e., two review cycles with the third submittal being the approval document). This Scope of Work assumes up to 74 hours of technical staff time plus support staff time for Responses to Comments, interagency coordination, and preparation of the Final IS/MND. Our existing Scope of Work assumes 40 hours of technical staff time and 6 hours of support staff time. Should the comments received require additional effort beyond this assumption, a budget augment may be requested. Deliverable: Responses to Comments technical report; revised Initial Study incorporating new/revised information Task 2.5 Mitigation Monitoring and Reporting Program/Environmental Commitments Record In compliance with California Public Resources Code Section 21081.6, BonTerra Psomas will prepare a Mitigation Monitoring and Reporting Program (MMRP)/Environmental Commitments Record (ECR) for adoption with the IS/MND. The MMRP/ECR will be prepared at the same time as the Response to Comments using Caltrans format. The MMRP/ECR will be designed to ensure compliance with adopted mitigation requirements during project implementation. The program will be prepared in matrix format and will provide the timing and responsibility for each condition of approval. A draft copy will be submitted for review by the Project Team and the City. Revisions will be made accordingly and the MMRP/ECR will be submitted to Caltrans for review and approval. Two Caltrans submittals are anticipated with the second submittal being final. Deliverable: MMRP/ECR report R:1Projects\Kreuzer1J00111O1d Newport Revised SOW-041414r.docx A- 12 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway Task 2.6 Notice of Determination BonTerra Psomas will prepare the Notice of Determination (NOD) to be filed on behalf of Caltrans with the County Clerk and the State Clearinghouse. Within five days of approval of the IS/MND, we will file an original signed NOD with the County Clerk; it is assumed that the City will be responsible for all filing fees (County Clerk fee and California Department of Fish and Wildlife fee). Once the NOD has been filed with the County Clerk, BonTerra Psomas will submit the NOD along with evidence of County Clerk filing and payment of fees to the State Clearinghouse. Deliverable: Notice of Determination Task 3 Project Management and Meetings BonTerra Psomas will coordinate with Caltrans, the Project Team, and the City through the team meetings. It is important to note that no meetings or hearings are in our existing Scope of Services although we have attended meetings with the City and meetings with Caltrans at the request of the City. Up to eight team meetings are assumed in addition to a restart project kick- off meeting. The Principal and Project Manager will be available to attend two public hearings, if requested by the City of Newport Beach. This Scope of Work assumes up to 36 hours of meeting time, not including the project kick-off meeting, and up to 80 hours of general project management time for coordination for technical reports, internal team management, and participation in conference calls with Caltrans and the City, preparation of invoices, and other administrative steps. R:\ProJects\KreuzerU0011101d Newport Revised SOW-041414r.docx A-13 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway PROPOSED FEE ESTIMATE Task Description Total Task 1 Project Re -Initiation $1,200.00 Task 2 Initial Study/Mitigated Negative Declaration Including Technical Reports 2.1 Preparation of IS/MND (3 versions) $48,150.00 Preparation of Technical Reports VIA Memorandum $3,750.00 NES(MI) $4,750.00 Cultural (ASR, HPSR) $23,950.00 Noise $14,090.00 Air Quality Report $8,650.00 Caltrans protocol GHG analysis $2,610.00 2.2 IS/MND for Distribution $ 4,070.00 2.3 Notices $1,000.00 2.4 Responses to Comments/Final IS/MND $7,975.00 2.5 Mitigation Monitoring and Reporting Program $2,900.00 2.6 Notice of Determination $550.00 Subtotal Task 2 $123,645.00 Task 3 Project Management, Meetings, and Hearings $18,800.00 Total of Professional Fees $142,445.00 Direct Costs Reproduction $1,500.00 Mapping $500.00 Delivery/Mileage/Postage $750.00 Total Direct Costs $2,750.00 Total Fees $145,195.00 R:1Projects\Kreuzer1J00111O1d Newport Revised SOW-041414r.docx A-14 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway FEE COMPARISON Existing Scope Fee Proposed Scope Fee Professional Fees Project Initiation $870.00 Project Re -Initiation $1,200.00 Preparation of IS/MND: 2 versions $35,025.00 Preparation of Caltrans IS/MND: 3 versions $48,150.00 The following are a subset of preparation of the IS/MND The following are technical reports that are new because of Caltrans as lead agency Aesthetics Analysis; no report; respond to checklist questions $1,160.00 VIA Memorandum: Technical Memorandum $3,750.00 Biological Analysis: no report, respond to checklist questions $1,415.00 NES(MI) Technical Report $4,750,00 Records Search; no report; respond to checklist questions $3,080.00 HRCR, ASR, HRER Technical Reports $23,950.00 Air Quality, GHG, Noise: modeling; no reports; respond to checklist questions $9,650.00 Air Quality Technical Report $8,650,00 Noise Technical Report; requires the use of a consultant $14,090.00 Caltrans protocol GHG Technical Report $2,610,00 IS/MND for Distribution $2,960.00 IS/MND for Distribution $4,070.00 Notices $1,000.00 Notices $1,000.00 Responses to Comments: 2 versions $7,100.00 Responses to Comments/Final IS/MND: requires Initial Study to be revised; 3 versions $7,975.00 Mitigation Monitoring and Reporting Program $1,900.00 Mitigation Monitoring and Reporting Program/ Environmental Commitments Record $2,900.00 Project Management (no meetings or hearings) $4,790.00 Project Management (additional hours) + Meetings + Hearing $18,800.00 $53,645.00 $142,445.00 Direct Fees Reproduction $1,000.00 $1,500.00 Mapping $500.00 $500.00 Delivery/Mileage/Postage $750.00 $750.00 $2,250.00 $2,750.00 Total $55,895.00 $145,195.00 Budget Summary Existing Contract Billed -to -Date through January 30, 2014 Remaining Revised Budget Budget Augment Request $55,895.00 $10,109.06 $45,785.94 $145.195.00 $99,409.06 R:1Projects\Kreuzer1J0011101d Newport Revised SOW-041414r.docx A-t 5 Scope of Work and Fee Estimate Old Newport Boulevard at West Coast Highway PROPOSED SCHEDULE Environmental Document Preliminary Preparation Schedule Task Dates Notice to Proceed: Acceptance of Scope of Work and Project Plans by Caltrans and City (Project Team) Week 1 BonTerra submits draft narrative Project Description to Project Team Week 2 BonTerra receives Project Team Comments on draft Project Description Week 4 Preparation and submittal of the following technical reports to the City and then subsequently to Caltrans as they are completed. Assumes 1 review cycle by City (10 working days), then submittal to Caltrans for —2 review cycles (each 3 weeks) Estimated Week 5 through Week 20 (for all tech reports) Geotechnical Report (Kreuzer) Initial Site Assessment (Kruezer) Caltrans Storm Water Data Report and the Water Quality Management Plan (Kruezer) Traffic Study (Kreuzer) Visual Resources Memorandum (BonTerra) Air Quality Technical Report (BonTerra) Greenhouse Gas Emissions Technical Report (BonTerra) Noise Technical Report (BonTerra) Natural Environment Study (Minimal Impacts) (NESMI) Historic Resources Compliance Report including an Architectural Survey Report and a Historical Resources Evaluation Report (BonTerra) BonTerra submits Draft IS to City for Reviews Week 23 BonTerra receives City comments on Draft IS Week 26 BonTerra submits revised IS to Caltrans for review Week 28 BonTerra receives Caltrans comments on Initial Study Week 31 BonTerra revises and resubmits Initial Study to Project Team for review Week 34 BonTerra receives Project Team comments on revised Initial Study Week 37 BonTerra coordinates IS/MND reproduction: submitted to the State Clearinghouse; distribution of the Initial Study by Caltrans Week 39 Begin 30-day review period Week 39 End 30-day Review Period Week 43 BonTerra submits draft Responses to Comments, MMRP/ECR, and Final IS/MND to City for review Week 46 BonTerra receives City comments Week 47 BonTerra submittal Responses to Comments, MMRP/ECR, Final IS/MND to Caltrans for review Week 49 BonTerra receives Caltrans comments Week 52 BonTerra submits Responses to Comments, MMRP/ECR, Final IS/MND to Caltrans Week 53 Caltrans action on IS/MND tbd BonTerra files Notice of Determination Within 5 days of approval 1 BonTerra must receive the approved traffic analysis at least five weeks prior to submittal of the Draft Noise Study. R:\Projects\Kreuzer1J0011\Old Newport Revised SOW-041414r.docx A-16 Scope of Work and Fee Estimate AT' JACH MI 2 Pvl C 3ekaw Scope/Fee for Task 13 GPR Mapping Potholing Utility Locating CCTV Pipe Inspection ��.. SUBSURFACE IMAGING www.cbelow.com 1-888-90-BELOW 14280 Euclid Ave. Chino, CA 91710 CL# 959964 ID BELOW v `vim SUBSURFACE IMAGING April 14, 2014 Rick Kreuzer Kreuzer Consulting Group 320 Main Street, Unit D Seal Beach, CA 90740 714-656-0144 rick@kreuzerconsulting.com Subject: Newport Beach Vacuum Excavation, Traffic Control, and Permitting 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW C Below, Inc. submits this proposal for the above referenced project. Our proposal is based on the enclosed estimated hourly breakdown, uninterrupted clear access to the work area, the project documents and the C Below Schedule of Fees. We appreciate the opportunity to provide you with our services and look forward to helping assure a safe and successful project. SCOPE OF SERVICES Our general scope of services will include Vacuum Excavation, Traffic Control, and Permitting pre -designated by our client. C Below will pothole 9 locations as indicated on the client provided map using Vacuum Excavation. Time may vary based on site conditions and access. C Below's lead technician will stay in constant contact with the members of the team thourghout the investigation. POTHOLING C Below will provide potholing services with the intent to supply positive horizontal and vertical location of a known utility. Specific pothole locations should be provided by the client unless C Below has been retained for locating services. A standard pothole is defined as 1' x 1' x 5' deep. Deviations from the standard pothole dimensions to locate a utility require additional time and material to facilitate. Please refer to the attached fee schedule for the appropriate billing rate. After documenting our findings, each pothole will be backfilled, compacted, and a perm -a -patch applied if applicable. If it is deemed necessary to repair the surface beyond a perm -a -patch, additional fees will apply and must be agreed upon prior to dispatch. A potholing report complete with photographs will be provided at the conclusion of the job documenting the location, utility found, depth to top of pipe, utility size, material and the soil conditions. www.cbelow.com Page 1 il. B FLOW SUBSURFACE IMAGING 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW If no utility is found within the predetermined depth of the pothole, it will be considered a dry hole. Additional holes may be necessary to provide a positive location of the utility. Standard pothole pricing includes holes at locations with a soil surface or an asphalt surface up to 6-inches thick. Additional fees will apply if the asphalt surface is over 6 inches thick or the proposed hole location has a concrete surface. If during the potholing operation the soil is found to have large aggregate or other debris over 3-inches in diameter, ground water, roots or hazardous materials, additional fees will apply. See rate sheet for 'Out of Scope Hole". Because potholing rates and other associated costs are based on the assumption of 8 hour work days, additional fees may apply if work is limited to less than 8 hours per day. These fees may include, but are not limited to; additional traffic control, travel time, and disposal fees. Potholes made to expose facilities encased in concrete, will stop at the encasement. The top of the encasement will be recorded as the top of the facility ESTIMATED FEES Potholing (9) $5,400.00 Traffic Control $1,600.00 Admin/ Permits $2.230,00 TOTAL $9,230.00 If work is done in less then the estimated time, the rates will be adjusted down accordingly within our 4 hour minimum. We propose to provide Vacuum Excavation, Traffic Control, and Permitting services in accordance with the attached estimated hourly budget breakdown and the terms & conditions. This proposal is not a "Not to Exceed" budget. Our proposal is based on time and material. Services are based on a 4 hour minimum. Any time exceeding 4 hours will be an 8 hour minimum. In the event our technician arrives on the project and no work is performed do to site conditions, accessibility, or other circumstances beyond C Below's control, a minimum 2 hour show up charge will apply. www.cbe[ow.com Page 2 16 B FLOW SUBSURFACE IMAGING 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW SCHEDULING Our services will be performed at the request of your authorized field representative, who will be responsible for coordinating our services. We require at least 24-hours of advanced notice when requesting our services. However, we will make every attempt to provide personnel and equipment, providing it is available, for last minute requests. Nick Loera may be reached at 1-888-902-3569, Option 1 to assist you with any specifics regarding this proposal. You may reach Dispatch directly by choosing Option 2 for scheduling. When calling to schedule your job, please have any necessary site details and contact information available. CLOSURE Our services will be performed in accordance with generally accepted locating principles and practices. We make no other warranties, either expressed or implied. We carry General and Professional Liability Insurance, Worker's Compensation Insurance, and Auto Insurance, as required by law. A sample certificate can be provided at your request. If mapping is requested or added at a later date, all drawings are done on a client provided editable CAD file. Mapping must be performed immediately following locating, while the quality of the marks are intact. Respectfully Submitted, C Below Subsurface Imaging, Inc. Nick Loera Business Development Manager nickl@cbelow.com 1-888-902-3569 ext. 210 www_cbelow.com Page 3 c BELOW SUBSURFACE IMAGING 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW Ground Penetrating Radar (GPR) Qty Rate Extended 351 Concrete/Masonry - Location of rebar & conduit Hourly $ 150.00 $ 0.00 355 Assistant Technician Hourly $ 85.00 $ OAO 356 Travel Time Hourly $ 85.00 $ 0.00 Utility Locating (Standard Electromagnetic Locator) 371 Water, Power, Comm., Gas and Waste Lines Hourly $ 150.00 $ 0.00 375 Assistant Technician Hourly $ 85.00 $ 0.00 376 Travel Time Hourly $ 85.00 $ 0.00 Radiography 361 Concrete/Masonry up to 8 thick Hourly $ 135.00 $ 0.00 362 Concrete/Masonry 8 to 24 thick Hourly $ 170.00 $ 0.00 363 Film - 14x17 Per Image $ 40.00 $ 0.00 366 Travel Time - Equal to rate of service provided Hourly $ 0.00 $ 0.00 367 Mileage Per Mile $ 0.75 $ 0.00 368 Vehicle Fee Per Day $ 195.00 $ 0.00 CCTV Pipe Inspection 385 Video Pipe Inspection Hourly $ 150.00 $ 0.00 386 Video Pipe Inspection plus Locating Hourly $ 260.00 $ 0.00 387 Water Jetting Hourly $ 250.00 $ 0.00 388 Video Pipe Inspection Assistant Hourly $ 85.00 $ 0.00 Potholing - Visual Verification 600 Standard Potholing - 1' x 1' x 0'-5' Deep 7 Per Hole $ 500.00 $ 3,500.00 601 Potholing - 5'-10' Deep 2 Per Hole $ 550.00 $ 1,100.00 602 Potholing - 10'-15' Deep Per Hole $ 600.00 $ 0.00 603 Potholing - 15'-20' Deep Per Hole $ 650.00 $ 0.00 604 Potholing - Hourly Rate Hourly $ 425.00 $ 0.00 605 Traffic Control 2 Per Day $ 800.00 $ 1,600.00 606 Travel Time 4 Hourly $ 200.00 $ 800.00 Mapping 382 GPR 3D imaging - Underground Utilities Per Report Quote $ 0.00 383 Drafting - CAD drawing on client provided background Hourly $ 85.00 $ 0.00 384 Mapping Party Hourly $ 180.00 $ 0.00 385 Travel Time Hourly $ 85.00 $ 0.00 Other Project Coordination - Field Supervisor 4 Hourly $ 95.00 $ 380.00 Off Hour work - 15% surcharge Flat $ 0.00 $ 0.00 Permits 1 Flat $ 1,850.00 $ 1,850.00 Certified Payroll Weekly $ 75.00 $ 0.00 Totals Total Estimate $ 9,230.00 www.cbelow.com Page 4 - c BELOW •••••—'7::0° SUBSURFACE IMAGING ct, 0 3_ e g • : • = • UTILITY OWNERSHIP • ' 1 •-• • -•• .. • • . • ' 5 • • - I I rn 0 0 co • www.cbelow.com Page 5 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW c BELOW SUBSURFACE IMAGING 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW • : = 7 3 - , r o = 4 4 . I - 71 tf isp —x.140 q-1444444F. " • -„. , JE -I- A _ , • _ , /74/ , •&' .....: .,... i‘..7 1 hr Li' / ..'i, wvvwcbelow.com Page 6 c BELOW ,vim SUBSURFACE IMAGING Please sign below for authorization to proceed. Electronic Signatures are acceptable. Billing Company Billing Address City State Zip Print Name Title Signature Date C Below representative Title Signature Project Documents Date Please be sure to provide any project documents prior to dispatch. A workable CAD file is required if mapping is to be performed. JPG, TIFF, and PDF files are not preferred and may effect the quality of the final product. If no CAD file can be provided, additional costs may apply. Please call dispatch to schedule services unless otherwise notified. Please have the following information available: • C Below project number • Project name and location • Required arrival time • Description of service required • Site contact name and phone number 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW Job Location, Date & Time Jobsite Address: Newport, CA Contact Information C Below, Inc. 14280 Euclid Ave Chino, CA91710 P: 1-888-90-BELOW (888-902-3569) F: (909) 606-6555 Dispatch Hours M-F 7:00 am - 5:00 pm www.cbelow.com Page 7 •• B FLOW SUBSURFACE IMAGING Code Service Cost 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW G:ounri P r R'd.r 351 Concrete / Masonry - Location of reinforcing steel, conduit. Thickness determination $ 225.00 per hour 353 Utility Locating - used in conjunction with electromagnetic locator $ 225.00 per hour 355 Assistant Technician - See terms and conditions for requirements $ 85.00 per hour Travel Time - per technician $ 85.00 per hour l 'iI L >c :t::.i_' - E' c'rc nagr etic Locatcr 371 Locate Water, Power, Communication, Gas & Waste Lines $ 150.00 per hour 375 Assistant Technician - See terms and conditions for requirements $ 85.00 per hour Travel Time - per man $ 85.00 per hour Radiography 361 Concrete /Masonry up to 4" thick - location & size of rebar/conduit $ 135.00 per hour 362 Concrete /Masonry 4"- 14" thick - location & size of rebar/conduit $ 170.00 per hour 363 Film - Up to 14" x 17" $ 40.00 per hour 366 Travel Time - Equal to hourly rate of service provided See Service Rate 367 Mileage $ 0.75 per mile 368 Vehicle Fee $ 195.00 per day Mapping 381 GPR 3D Imaging - Concrete/Masonry 2' x 2' area $ 50.00 per image 382 GPR 3D Imaging - Underground Utilities $ quote 384 Mapping Party $ 180.00 per hour 383 AutoCAD drawings - Utilities $ 85.00 per hour 384 Travel Time - per man $ 85.00 per hour CCTV Pipe Inspection 601 Video Pipe Inspection and Locating $ 260.00 per hour 387 High Pressure Hydro -jetting $ 250.00 per hour Travel Time - crew $ 170.00 per hour Potholinu 600 Standard Pothole 1' x 1' x 5' - Report Included $ 600.00 per hole 601 Pothole 1' x 1' x 5'-10' deep $ 650.00 per hole 604 Traffic Control - price subject to change without notice $ 600.00 per day Traffic Control Plans $ 350.00 per page 605 Flagman $ 45.00 per hour 606 Potholing Out of Scope Charges $ 500.00 per hour Travel Time $ 200.00 per hour 'Fe 389 Administration $ 45.00 per hour 390 Per Diem - Per technician $ 150.00 per day C Below terms & Conditions apply to all services. Verbal requests made by project representatives are considered authorization to perform billable work www.cbelow.com Page 8 FLOW SUBSURFACE IMAGING Utility locating, unless specifically noted on our proposal, include the following service: 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW 1. Locate all underground utilities using a standard electromagnetic utility locator as follows: • All main water supply lines and associated branch lines made of metal (conductive) or water lines installed with a tracer wire". Our services do not include the location of irrigation lines and associated control valves. • All sewer/waste lines if access is available by electromagnetic location utilizing a sonde or by the "line of site method" if no access is available. • All power lines. Our services do not include the location of abandoned/extra conduit contain- ing no interior cable. • All telecommunication lines. Our services do not include non-conductive fiber optic lines (lines without a metallic shield) not installed with a "tracer wire". • All gas lines made of metal and gas lines installed with a "tracer wire. 2. Indications found during utility locating will be marked directly on the scanning surface utilizing the American Public Works Association (APWA) Uniform Color Code. All Utility Locating marks will be made in accordance with the Common Ground Alliance (CGA) Best Practices. 3. C Below does have the ability to locate utility lines specifically excluded by this document (non-conductive fiber optic line, etc.). Ground Penetrating Radar (GPR) used in conjunction with standard utility locating equipment maybe used to find such lines for an additional quote. Please contact us if you need these lines included in your scope of services. Ground Penetrating Radar (GPR) like all other locating methods is inherently affected by several factors. The following list of factors must be taken into consideration when interpreting GPR data for all Structure Scanning Projects: 1. There shall be a minimum of 8 inches clearance around the perimeter of the scanning area to accommodate the antenna. Indications at structure intersections (wall corners, wall to floor, beam to ceiling, etc.) may be impossible to locate if the antenna cannot pass over them. 2. The scanning surface must be flat and relatively smooth. No water shall be present on the scanning surface. 3. Under the best conditions, GPR can penetrate up to 16 inches of concrete/masonry. This maximum depth decreases as reinforcing steel congestion increases. The density of the material being scanned can also limit the depth of penetration. 4. Indications show up on the radar screen as hyperbolas. The center of the hyperbola is the center of the indication. GPR data, under most circumstances, does not allow for the interpretation of an indications size, only the center location of the indication and embedment depth. 5. Indications such as reinforcing steel or conduit spaced closer than 2 inches on center may show up as one indication. 6. When dealing with multiple layers of reinforcing steel or conduit, layers below the top layer (closest layer to the scanning surface) may be obscured from view. In most cases our technicians can adjust the equipment to compensate for these situations, but the results depend on the size and spacing of the indications. 'vAW.cbelow.com EXHIBIT B SCHEDULE OF BILLING RATES [Consultant Firm Name] Page B-1 We are requesting a budget augmentation of $115,920 to cover these two items of work, summarized as follows: Taal TASK A - IS/MND WITH CALTRANS AS THE LEAD AGENCY SUBTOTAL TASK A MANHOURS SUBTOTAL TASK A COSTS TASK B - UTILITY POTHOLING SUBTOTAL TASK B MANHOURS SUBTOTAL TASK B COSTS MANHOUR GRAND TOTALS FEE GRAND TOTALS tg a 24 12 If • OT KCO COS $6,060 m $99,410 �3y �Q V $99,410 24 $4,800 12 $1,260 $5 060 $99410 $99,410 4 4 $1,220 $9,230 $9,230 4 $800 4 $420 $1,220 $9,230 $9,230 28 $5.600 6 $1,680 $7,280 $99,410 $9,230 $108,640 TOTAL $105,470 $105,470 $10,450 $10,450 $115,920 We appreciate your consideration of this request. If you have any questions or require additional information, please do not hesitate to call. Respectfully Submitted, R4-610-•••w Rick Kreuzer, PE President /encl. PROFESSIONAL SERVICES AGREEMENT WITH KREUZER CONSULTING GROUP FOR OLD NEWPORT BLVD & WEST COAST HWY MODIFICATIONS THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 25th day of April, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a Califomia municipal corporation and charter city ("City"), and RAK Development, Inc, a California corporation doing business as ("DBA") KREUZER CONSULTING GROUP ("Consultant"), whose address is 320 Main Street, Unit D, Seal Beach, California 90740, 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 perform civil engineering services for the design of Old Newport Boulevard and West Coast Highway ("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 December 31, 2014 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 Three Hundred Twenty Four Thousand Seven Hundred Thirty Four Dollars ($324,734.00), 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. 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 Kreuzer Consulting Group Page 2 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. 5. 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 Rick Kreuzer, PE, 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 Senior Civil Engineer 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Kreuzer Consulting Group Page 3 8.2 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 the highest professional standard. 8.3 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. 8.4 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 and employees (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 under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, 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, active 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 the Consultant. 9.3 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (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, Kreuzer Consulting Group Page 4 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). 9.4 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. 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. Kreuzer Consulting Group Page 5 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 of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or 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 (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 Kreuzer Consulting Group Page 6 compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents 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. 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 Kreuzer Consulting Group Page 7 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. 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"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. 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: Kreuzer Consulting Group Page 8 Attn: Patrick Arciniega, Senior Civil Engineer 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: Rick Kreuzer, PE Kreuzer Consulting Group 320 Main Street, Unit D Seal Beach, CA 90740 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, Kreuzer Consulting Group Page 9 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 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. Kreuzer Consulting Group Page 10 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 of race, religion, color, national origin, handicap, ancestry, sex, 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] Kreuzer Consulting Group 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 FFICE Date: ?,I f3 By: Aaron C. Harp City Attorney ATTEST: r Date: By: NYV,- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: RAK Development, Inc. a California corporation, doing business as ("DBA") "zer Consulting Group Date: zer, PE President Date: !;� 1 3-fC y Kim Kreuzer Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Kreuzer Consulting Group Page 12 EXHIBIT A SCOPE OF SERVICES Kreuzer Consulting Group Page A-1 d SCtiO i VWoR The following outlines our overall approach to the project. Each work task is presented below. For the key tasks, we have provided a brief overview or understanding of that task and the general approach KCG will be taking to insure successful completion of that item of work. This narrative will serve to point out key elements and challenges of the work involved and how we propose to address those challenges. Our understanding/approach is delineated in the gray shaded boxes under each key task. Immediately below these boxes is the detailed scope of work for each task which provides clear definition of the items of work and/or subtasks which will be completed under each and every task. We have also included some proposed optional subtasks for the City's consideration. These tasks are contained in blue boxes under the appropriate task. TASK 1.0 — PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS Overview-7 Approach. The ultimate success of a project depends on basically two main elements. One,.; technical execution of the" design For the most part,,all of the proposingfirms for this"project can display their credentials in this a�ea'orthey would probably not be proposing."The second, and most important, element forsuccess is effective projectmanagement. There isno doubt that all proposing firms will also tout their abilities to effectively "manage" a project. Unfortunately, manyfirms believe if: they stay some on schedule' and submit their invoices on time they have been "effective" manage rs.' We at KCG do not "subscribe to this. Our tore business philosophyisntered around effective management" of all of our projects with the goal of making our" elients"job easier. ;The_ cornerstone goat of this philosophy is to,''get out and stay out in front of ChB issues on Bachand every project We feel verystrongly'that ourclients hire usfor anassignment it is our obligationto bring itto a successful completion without having our hands held or being reliant on City staff to da our job forus. We know "that citieshave this hand holding experience with consultants too frequently KCG will not' allow this tof takeptace on this. or-any"project. ;The wayweachieve this objective Is by„'providing seasoned engineers that are also effective managers, not onlybecause they understand the -project'_ process but because they understand the technical background of the design itsetf.:We can anticipate. issuesfaster than those managers who are reliant on younger design engineers to keep them informed.' This disconnect cannot and will not happen at KCG because our Project Managers have hands on day to day involvement in the project design. Our project manager for the subject project will be Rick Kreuter, Mr Kreuter is the President of KCG and has 30 years of experience managing and designing public works projects. Over the last 15.years, he has personally managed and/or designed over 25 "roadway improvement projects for various Orange County cities, many involving processing through Caltrans District 12. A major key to the ultimate success of this project will be how we, as the project consultant, in close coordination with the City, manage the relationship with Caltrans staff. This is very important in that a lot of times, the City's preferred alternative may not be, shared by Caltrans. Based upon our discussions with District 12 operations staff, we know they have operational issues along this stretch of PCH that Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications e or nothing to do with previous similar projects, they rr and s objective "foe this particular project,, As we have seen o e issues into the protect, resulting in s to managing Caltrans is threefold. First, bring'; discussion at the very beginning of the project:'to listen: : Get their concerns on second, follow-up with them once all new traffic data is collected and our initial any complete and preliminary improvement alternatives are developed. This requires a well thought out KCG/City strategy going in, "withthe goal being to get their concurrence on theCity's preferred alternative and not a lowing them to totally dictate the course of the project; and third, maintain ongoing dialog throughout the balance of the project and be proactive and responsive to issues and concerns, but always, keep the City's interests as our top priority. Scope of Work: Under this task, KCG will be responsible for overall project management, leadership of the Project Development Team (PDT), and monitoring project progress and maintenance of files. KCG will supervise, coordinate and monitor all project activities and deliverables to insure they are in conformance with City requirements. KCG will prepare monthly progress reports to accompany each monthly invoice. These reports will address the work accomplished during the previous month; work anticipated during the upcoming month; progress schedule; and any and all issues encountered, highlighting any potential issues which may impact the scope of work for the project. The KCG Project Manager and appropriate team members will meet with City staff on a regular basis to review and discuss progress and chart courses of action. For purposes of this proposal, we have assumed the following meetings with City staff will be required: • Kickoff meeting N Submittal meetings at the completion of: - Preliminary Design - Draft Environmental Document 50% Final Design - 80% Final Design 100% Final Design • Up to 5 additional design team meetings throughout the course of the project. • Pre -bid meeting • Pre -construction meeting Meetings will also be required with Caltrans District 12, summarized as follows: • Initial meeting to highlight project issues and objectives. or Follow-up meeting (1 each) to review alternatives and obtain concurrence on the preferred alternative. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications • Additional meetings (2 each) to coordinate project activities and progress. As part of this task, KCG will also attend, as requested, Planning Commission or City Council meetings required to support the project. If graphics and/or PowerPoint presentations are required, KCG will provide this work under this task at no additional cost. The KCG Project Manager will lead all meetings for the entire project duration unless otherwise directed by the City. An agenda will be distributed to all attendees two days prior to each meeting and meeting minutes, with emphasis on action items, will be circulated within two days after each meeting. Task 1.0 Deliverabies Project schedule with updates. • Monthly status reports. • Meeting agendas and minutes. w Project graphics, as needed. • PowerPoint presentations, if needed. TASK 2.0 — RESEARCH AND DATA COLLECTION Overview / Approach: A good portion of this task has already been completed in preparation of this proposal.Theproject has been field reviewed by the KCG project managerand a complete photo log has. been developed. As -built drawings for PCH and SR-55/Newport Boulevard have been pulled at the City'; and Caltrans and have been reviewed and filed. Area right of way record maps and Assessor's Maps have also been obtained. Scope of Work: The objective of this task is to research and obtain all existing information pertinent to the project. With regard to surveys and right of way, the KCG team will assemble project data related to surveys and right of way (ROW). Specifically, we will obtain data from OC Survey, OC Assessor Office, Caltrans District 12 Right of Way Engineering and the City of Newport Beach Public Works Department. Additional project information which will be collected including, but not necessarily limited to, is: • Utility Record Drawings (see Task 3.0) ▪ Centerline Intersection Ties ▪ Benchmark Information • R/W Easements and Deeds TASK 3.0 — UTILITY RESEARCH AND COORDINATION Overview/ Approach: Utility coordination is an element that, if not properly addressed and managed, can significantly effect a project schedule and budget. This work task is much more than gathering record drawings and plotting then on the plans. The success of this task is proactively managing the Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications relationship with all utility agencies involved. It certainly requires the establishment of the existing location of utilities as a first step but the real key is identifying the impacts to these facilitiesearly on in the design process and coordinating proactively with the affected agency staff/service planners to mitigate those impacts and facilitate needed relocations. Overlooking or addressing utility impacts late in the design process usually results in negative schedule impacts during construction. Based upon research completed, there are a multitude of existing utilities within the project footprint, summarized` as follows: 10"gas (local Gas) 12";high pressure gas (Soca 16"gas (Socal Gas) 24"-27" sewer (OCSD) 15" abandoned sewer (OCSD) 36" sewer force main (OCSD) 10" sewer (CNB) 6".water (CNB) 8" water (CNB) 12" water in 24" casing (CNB) lines and vaults" Various underground electrical (SCE) Various storm drains (CNB) 24" water (CNB) Scope of Work: Utility coordination will be ongoing throughout the duration of the project. The utility research and coordination efforts on the project will consist of the following: • Obtain plans showing location and size of all utility lines and appurtenances within the project area. • Plot utility lines on Base Map (Task 5.0) • Cross check plotted locations above with detailed topographic survey information to insure that existing lines are shown in proper location. Field checks will be performed as necessary. . Upon establishing the proposed improvements, determine where potential utility conflicts exist and where utility relocation is warranted. • Coordinate with affected utility companies regarding conflicts, relocations and improvements. This coordination effort will require providing updated plans to the utility agencies for the proposed improvements and also meeting with the carious utility service planners on the project site, as necessary, to discuss conflicts and/or relocations. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KCG submittals on the project. All correspondence to utility companies will be sent via certified mail and will be copied to the City of Newport Beach. Optional Item — llt'ili We would anticipate the need o complete pot . ' _ existing utilities to support the design effort, We have pspyi unit cost per hole for potholing in our fee sc e.. - ..uld this work be needed, TASK 4.0 — AERIAL MAPPING AND FIELD SURVEY Overview / Approach: Horizontal and vertical control will be established as the first order of business in order to initiate the aerial mapping for the project Aerial topographic mapping will be obtained for the limits delineated on the following figure. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications To supplement aerial mapping, comprehensive field survey RFP will be performed. Scope of Work: Aerial topographic mapping will be provide at a scale of 1" = 20' with 1 foot contour intervals. This task also involves all ground survey required to supplement the aerial topographic mapping to facilitate the design of the project improvements, summarized as follows: Cross Sections at 25' intervals with intermediate shots along gutter flow line and all other areas where low points are visibly observed. " Locations and elevations of all site features (utilities, trees, walls, curbs, pedestals, etc.) within the proposed project area. This data will be compiled into a data base depicting the horizontal and vertical location (x/y/z) of all site features. Vertical elevations (rim and invert) of all sewer manholes, storm drain manholes, junction structures and catch basins. All survey work shall be in conformance with Orange County Survey Horizontal Controls and the North American Vertical Datum, 1988. Task 4.0 Deliverables One reproducible original of the aerial topographic base map. Electronic file of the aerial topographic base map. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications TASK 5.0 — BASE MAPPING Overview /Approath' -The approach to, this task involves the blending of all project data into, an accurate base map for the project. Aerial topographic mapping will be downloaded in to KCG's CADD system. All record information gathered under Task 2.0 will be added. All existing utility information obtained under Task 3.0 will be plotted and then cross checked, verified and/or` updated with the detailed field survey obtained under Task 4,0.'The final step will be to field verify the accuracy (and update as necessary) by walking the job and insuring that all physical site features and conditions are reflected accurately. Scope of Work: Aerial topographic mapping (Task 4.0) will be downloaded into KCG's system. Utilizing information obtained under Task 2.0, 3.0 and 4.0, KCG will add all existing site features such as property lines, street right of way lines, underground utilities and other surface features not depicted on the aerial mapping. Accurate project base mapping will be insured via field verification by the Project Manager. TASK 6.0 — TRAFFIC STUDY Overview / Approach: A traffic study for the project will be required to form the basis for the development of project alternatives and to support the environmental clearance efforts on the project., This study will become an attachment to the MND document (see Task 11.0) for the project. In general, this traffic study will (a) collect and quantify existing vehicle, transit, truck, pedestrian and bike traffic within the project reach today and (b) complete a Level of Service (LOS) and queuing analysis for opening day(2016) and future (2040) conditionsand to evaluate lane geometry requirements and the operational performance of the intersection involved.' A comprehensive traffic analysis/ study will be a critical componentfor the development of viable project alternatives and ultimately, identification of a preferred alternative. Our traffic subconsultant, Advantec, has completed many traffic reports subject to review by Caltrans. They also met with Caltrans traffic operations, along with the KCG project manager, 2 weeks ago to discuss the analyses that Caltrans staff will want to be included in Traffic Report for the project. Scope of Work: Advantec will be completing the traffic study for the project in close coordination with the KCG project manager. This work effort will include the following subtasks: Subtask 6.1-Collect Existing Information: Collect existing traffic relating information including, but not necessarily limited to, the following: a Existing as -built plans 3 Aerial photographs 9 Other pertinent information available from the City of Newport Beach Subtask 6.2-Traffic Analysis and Report: Advantec will utilize Counts Unlimited to collect vehicle turning movements and ADT (Average Daily Traffic) counts as follows: Proposal for City of Newport Beach — 01d Newport Boulevard & West Coast Highway Modifications A Collecting Average Daily Traffic (ADT) volume counts will be obtained on the following roadway segments: 1. Newport Boulevard (SR-55) Overcrossing of SR 1 2. 5R 1 Undercrossing of SR 55 3. SR 1 Undercrossing to SB SR-55 ramp 4. S8 SR 1 to NB 5R-55 ramp 5. NB SR-55 to 58 SR 1 romp 6. Old Newport Boulevard at SR 1 7. NB SR 1 to 58 SR-55 loop ramp 8. SB 5R-55 to SR 1 ramp 9. NB SR-55 to Old Newport Boulevard ramp 10. Old Newport Boulevard to NB SR-55 ramp Peak Hour vehicle classification, pedestrian and bicycle counts at the intersections of 1. West Coast Highway (SR 1)/Old Newport Boulevard (Two-way stop controlled) 2. 5R-55 5B Off -ramp / West Coast Highway (Signalized) 3. SR-55 NB ramps/Old Newport Beach Boulevard (Two-way stop controlled) Counts will include pedestrian, bicycle counts for the intersections and segments within the project area, and they will be collected during weekday AM, PM peak periods (2-hour each period) and weekend Mid -Day peak period. Peak hours will be identified and concurred with City prior to commencement of traffic analysis work. Available OCTAM model for the area will be used to develop Horizon Year (2040) traffic data for intersections and segments within the project limits. Opening Year (2016) traffic data will be derived from ambient growth rates that will be calculated by comparing existing and future (horizon year, 2040) traffic volumes. Advantec will perform Level -of -Service, delay and queuing analysis in accordance to the Highway Capacity Manual (HCM) 2010 methodologies for up to three project build alternatives at the intersections and roadway segments. Analysis will present "Existing', No -Build and Build "Opening Year", and "Horizon Year" scenarios. Advantec will determine optimum traffic lane configurations based on such an analysis. Line -of -sight analysis will also be conducted for the proposed improvements. The Traffic Analysis and Report will be prepared in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies, latest edition and other formatting/ contract requirements, as defined by the City's Traffic Engineer. Subtask 6.3-Detailed Field Review/Inventory: KCG/Advantec will conduct field surveys/inventories of the intersection improvement limits. The objective of the field review will be to confirm and verify information to be used during design. Data obtained to be used to prepare the design plans for review will include existing geometry, lane configurations, lane widths, location of traffic control equipment, etc. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications Features to be observed and documented during the field review/inventory include: 9 Existing street and lane geometries, curbs, median, sidewalk width, etc. • Special characteristics such as proximity to adjacent intersections, location of driveways, parking prohibition, and other factors that may impede the efficiency of operation. During the field review/inventory process, we will also: • Note any geometric deficiencies at the intersection; , Evaluate the current efficiency of the traffic signal system; Identify traffic congestion; ▪ Make note of any simple, low cost improvements that may be considered by the City. Our inventory will include features such as the existing geometry, right-of-way, lane configurations, lane widths, signal and pedestrian poles, street lighting poles, communication and power conduits and pull boxes, etc. Geometric features of the inventory will be utilized along with traffic data (subtask 6.2 above) to form the basis for the development of geometric alternatives for the project. TASK 7.0 — GEOTECHNICAL REPORT Overview/Approach: Review of readily available regional geologic information indicates that the site is underlain by younger alluvial deposits derived from Newport Bay, In general, these deposits are comprised of interbedded layers of unconsolidated sand, silt and clay. Published maps indicate that peat deposits may also underlie the site. The historical groundwater depth at the subject site is mapped as approximately 10 feet below the ground surface Our geotechnical subconsultant, Albus-Keefe & Associates (AKA), has conducted numerous geotechnical .: and environmental studies for various projects within the city of the Newport Beach and surrounding, vicinity, Their direct knowledge of the soils engineering and geologic conditions of the local area offers our team the experience to move forward proficiently and with confidence. AKA's project approach for this report will begin with research of available City files to review past improvement plans that may be archived at the Public Works Department. Such plans could provide invaluable information on the types and limits of previous, older roadway paving now hidden from view. This will be followed by a non-destructive distress survey of the pavement surface to identify and record the type and severity of surface distress and defects that are visible from the surface. This information. is used to rate the condition of the roadway and divide it into sections having similar conditions for further study. Cores at selected locations will establish the existing types and thicknesses of paving materials across the roadway. Drilling at selected core locations will provide an understanding of the existing paved surfaces as well as the underlying soil properties and how they may vary along the alignment. Thick asphaltic concrete or PCC paving can increase the cost of demolition where new alignments are proposed, The presence of cement -treated materials could require their complete removal from Proposal for City of Newport Beach — 01d Newport Boulevard & West Coast Highway Modifications proposed planting are fo differing requirements, growth.Newstructural,pav could -vary considerably due to uncle to allow vegetation to grow„ Variations in earth material properties could lead ents to make;' conditions suitable for plant: or soil amendrpents;and ent sec ariance ion requirements to restore surtaces ctur'af section across the road ations in underlying soils coriditions; ' Drillingat selective locations will provide an nding of the underlying soil properties and how they may vary along the proposed alignments.' Finally, to comply with Caltrans requirements, expansive soils identified within the upperfour feet "of subgrade elevation must be removed and replaced with non -expansive soil prior to placement of new, structural pavement sections. As such, field exploration will include collection of soil samples within the upper four, to five feet` of the ground surface. Samples will be transported to our soils laboratory for subsequent expansion index testing and ft-value testing, Scope of Work: This task will require the following efforts: • Conduct research from in-house files of geotechnical reports completed by AKA for nearby developments within the city of Newport Beach. In addition, research will be conducted at the city of Newport Beach to review as -built improvement plans, geotechnical reports and environmental reports that may be available within city archives. • Prepare a traffic control plan for the proposed field work and submit to the city of Newport Beach as well as Caltrans for review and approval. The plan shall generally follow the guidelines provided in the Work Area Traffic Control Handbook, We assume the City/Caltrans will allow for a "no fee" encroachment permit. • Provide traffic control for the work in accordance with the traffic control plan approved by the City of Newport Beach and Caltrans. • Perform a distress survey of the pavement surface, The survey shall identify the type and severity of distress, type and severity of surface defects, and type and severity of surface deformation. The survey will be recorded on evaluation forms and identify the station sections for which they represent. • Utilize a concrete coring machine to excavate up to 5 cores within selected locations. At each core location we will measure the thickness of all paving materials including asphaltic concrete, Portland cement concrete, aggregate base, aggregate sub -base, and cement -treated or lime - treated materials, if encountered. Once pavement sections are determined at each bore location, we will characterize the general soil classification of existing subgrade soils present below the paving materials. Each core location will be hand drilled to a depth of up to 5 feet below the existing paving section. Bulk samples of the earth materials from borings will be collected at each location. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications • All core holes shall be refilled with drilled cuttings and compacted up to the bottom of existing asphaltic concrete or 6 inches from the finish surface, whichever is deeper. The remaining portion of each hole shall be finished with ready mix quick setting concrete and died black where necessary. u Perform testing for Expansion Index, Plastic Index and R-value testing on selected samples obtained from the drill holes. All testing will be completed in accordance with current ASTM or California Testing Methods (CTM). W Up to 3 bulk soil samples will be delivered to Soil & Plant Laboratories, Inc. for Agronomy testing and analyses. A report will be prepared to address requirements for soil amendments and treatments for specific areas to make conditions suitable for plant growth. • Provide a report summarizing the data collected and recommendations for design and construction of the project. The report shall include a summary of the existing pavement sections and conditions observed, discussion of the underlying soil conditions encountered, a core location plan, logs of drill holes, and results of laboratory testing. The report shall also include recommendations for pavement rehabilitation methods and for new flexible structural pavement sections. Pavement alternatives using asphaltic concrete over aggregate base, full - depth asphaltic concrete, cement -treated subgrade, and cement -treated base will be provided. TASK 8.0 — PREPARE PRELIMINARY DESIGN PLANS Overview / Aporoath: • of the•"iniiiformation gathered under tine previous tasks will form the basis the development of alternative alignments for the project. Utilizing the exhibit in the tREP as a starting point, the KCG team will refine/ update this alignment based upon all information gathered up to this point. KCG will also prepare up fo 2 mote alignment alternatives to address site constraints andright of way impacts along the corridor., The alternatives developed will address ail proposed features including, lout not limited to, alternative roadway configurations, sidewalk'iand parkway widths, utility impacts/ rel• ocations; retaining mall locations, drainage improvements and right of way impacts. Along with each alternative,- KCG will provide cost estimates and a list of pros and tons for each�alternativea This task wilt culminate with the Citiy's selection of a preferred projeci alternative to take through the environmental and •final design stages of the project. Scope of Work: Under this task KCG will prepare preliminary plans for up to 3 alternatives for consideration by the City of Newport Beach. This task will require the completion of a series of subtasks, summarized as follows: Subtask 8.1 — Constraints Map: The first order of business will be to develop a comprehensive base map which depicts all site features and project constraints. This map will depict all proposed underground and at -grade utilities, identifying each as either "high" or "low" risk; all existing rights of way and easements; and all existing drainage features. Proposal for Clty of Newport Beach — old Newport Boulevard & West Coast Highway Modifications Subtask 8.2 — Geometric Design: Utilizing the base provided under 5.0 above, KCG will develop up to 3 different alignment plans for the City's consideration. The development of these alternatives will be driven by all data gathered under previous tasks, in particular, the results of the Traffic Analysis completed under Task 6.0. These plans will depict all proposed improvements associated with each alignment including, but not limited to, the following: Proposed curb and gutter and median curb locations, • Turn pockets (based upon results of Task 6.0). ▪ ADA improvements. 9 Utility relocations. Striping. w Sidewalk widths and/or easements. • New right of way, as required. • Drainage improvements and permanent BMP's (see Subtask 8.3). • Retaining walls, • Limits of access control. w Property ingress/egress modifications. • Traffic signal pole locations and mast arm lengths. ▪ Local connecting roadway modifications. Subtask 8.3 — Drainage Design: KCG will initiate the drainage design by performing a hydrology study of the drainage areas tributary to the project area. The hydrology study will consist of a Rational Method analysis performed in accordance with the Orange County Hydrology Manual. The Hydrology Study will determine 10-, 25-, and 100-year peak discharges within the project reach. We will then develop alternatives for the management of drainage from both a water quality and flood management approach for each alternative. Each alternative will consider specific project challenges including, but not limited to, project cost, resource agency permitting, Caltrans permitting, right-of-way impacts, and water quality treatment options. Each alternative will be documented to explain its benefits and issues and will be illustrated with appropriate figures for the City's consideration. Each alternative will then be reviewed with the City in order to arrive at a preferred alternative or preferred combination of alternatives as required to meet the project goals. KCG will proceed with the preliminary hydraulic analysis of the preferred alternative by means of WSPG modeling of the proposed storm drain conveyances and existing storm drain systems identified to receive project flows. The hydraulic analyses will determine the size of proposed storm water conveyances. We will also analyze water quality treatment flow rates and volumes to determine the required size of any proposed Best Management Practice (BMP) features deemed appropriate for incorporation into the project. Subtask 8.4-Cost Estimates: For each of the project alternatives, KCG will prepare a project cost estimate covering construction and right of way acquisition costs. These estimates will show quantities and unit costs for major items of work including roadway improvements, drainage improvements, utility relocations, traffic signals, signing and striping, and traffic detouring/ control improvements. Proposal for City ewport Beach — Old N port Boulevard & West Coast Highway Modifications The design efforts under this task will be compiled into preliminary plan sets for the project alternatives which will be submitted, along with corresponding estimates, for City review and comment. The KCG team will meet with City staff to review these documents and make adjustments/ refinements until such time that a preferred alternative is selected by the City. Once a preferred alternative is chosen, the Environmental Process (Task 11.0) will be initiated. Task 8.0 Deliverables • Preliminary geometric plan and centerline profiles. • Preliminary drainage plans. • Cost estimates. TASK 9.0 — FACT SHEET FOR DESIGN EXCEPTIONS Overview'/ Approach: It is possible that the preferred geometric alternative will have a feature or features that do not fully meet Caltrans design guidelines and standards. For example, the preliminary alignment contained in the RFP,depicts a curb lane with a 12 foot width. Caltrans nimimum standardfor= curb adjacent travel lanes is 16 feet, In'order to construct a lane less than 16 feet, a fact sheet wjll heed: to be prepared and processed for approval. In order to obtain approval for this, or any other design; exception, we will need to present a case as to why utilizing the full standard is technically infeasible., This is somewhat subjective, but what we know,is that cost cannot be used as a reason for deviating'. from standards. Items which typically tan trigger the'jmplementation of design exceptions are impacts to 4(f) properties, parks and historic buildings: We know that the Arches buildings are structures which meet the criteria for Historic Registry and this may provide a case for reduced lane widths if itresults in mitigating' impacts to these structures. Notwithstanding this fact, it will be in the projects best interest` to try to meet all Caltrans design criteria so that a fact sheet is not needed. Scope of Work: If needed, KCG will prepare a Supplemental Mandatory Fact Sheet and a Supplemental Advisory Fact Sheet to document the non-standard Caltrans mandatory and advisory design features associated with the subject project including, but not necessarily limited to features such as shoulder width and stopping sight distance. The Mandatory and Advisory Fact Sheets will be prepared in accordance with Caltrans Project Development Procedures Manual, latest edition. KCG will work closely with Caltrans District 12 Design and HQ Geometrician staff in the development, preparation and approval of both fact sheets. Advantec will also prepare the traffic analysis (see Task 6.0) required in support of the fact sheets. TASK 10.0 — WATER QUALITY DOCUMENTATION Overview / Approach: This project will require the preparation of 2 water quality documents. A Water Quality Management Plan (WQMP) will be prepared in compliance with the May, 2011 County of Orange Master WQMP and Regional Water Quality Control Board requirements to satisfy the post development storm water quality treatment. A Storm Water Data Report (SWDR) will also be required due to the fact that the proposed project improvements are impacting existing State right of way. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications Scope of Work: This task requires the preparation of two water quality documents, summarized as follows: Subtask 10.1-Water Quality Management Plan (WQMP): SWT will provide engineering services to prepare a Water Quality Management Plan (WQMP) technical document and supporting analysis for the proposed street improvement project area. The project WQMP will comply will the May 19, 2011 model for County of Orange. The project is in the north county permit area which is wholly within the Santa Ana Regional Water Quality Control Board. The WQMP will satisfy the post development storm water quality treatment requirements established in the permits. The document will follow the model format and technical content requirements based on the agency template for the Water Quality Management Plan. The WQMP will follow the requirements of Section 7.11-1.5 for public agency projects. The specific task items associated with the generation of the plan will include: • Project Description — A site description, land uses, estimated imperviousness and figure showing facilities will be prepared. Site and Watershed Characterization — Assessment and characterization of pre project watershed conditions " Pollutants of Concern — Review of the regional water quality control board "basin plan" to identify the pollutants of concern, impaired water bodies, and receiving water information • Hydrologic Conditions of Concern —Review pre- and post project hydrology quantities from the project based on the Preliminary Hydrology and Master Plan of Drainage. Determine the potential impacts from pre -project conditions to downstream stream conditions or hydraulic impairments downstream. Evaluate potential mitigation measures if required. • BMP Selection and Preliminary Sizing— Prepare hydrologic analysis and calculations for the "flow based" and "volume based" water quality treatment values for the sizing of onsite BMPs. Determine the appropriate type and locations of the project BMP A Operations / Maintenance — Develop a preliminary list of operational requirements for the selected BMPs and describe the maintenance tasks in conjunction with the requirements of the City of Anaheim Maintenance Department. R Impaired Water Bodies Identification — Research RWQCB list of impaired water bodies and determine if proposed project site is tributary to Lower Newport Bay, The Lower Newport Bay is 3030(d) listed for toxicity and other organics as of the 2010 publication. Select BMPs to treat specific pollutants known to impair downstream receiving waters. Prepare discussion and exhibit(s) detailing the impact the proposed project will have on the downstream receiving waters. Source to Pacific Ocean Flow Path Mapping Exhibit — Prepare exhibits identifying the flowpath(s) and conveyance types leaving the project site to the Bay. • 24"x36" Construction Detail Exhibits — Prepare full size detailed construction level drawings for the site civil engineer to utilize in their site grading plans such that the grading plan BMP construction details and WQMP exhibits are identical. Proposal for City of Newpo each —Old Newport Boulevard West Coast Highway Arm - Prepare and compile a final bound WQMP document that incorporates the information regarding the post construction water quality features. The document shall contain exhibits identifying the water quality sizing information and the layout of the BMPs. Subtask 10.2-Caltrans Storm Water Data Report (SWDR(: SWT will prepare a Storm Water Data Report (SWDR) following the minimum data/assessment requirements and the format outlined by Caltrans in the Storm Water Quality Handbook Project Planning and Design Guide for this type of water quality document which includes (1) Project Description with a detailed narrative, (2) completion of checklists, (3) analyses and assessments, and (4) attachments and exhibits. The July 2010 "long form" SWOR will be completed following the Caltrans standard template for the SWDR and addressing the requested issues as part of the overall checklists and developing the associated supporting documentation or narrative. The basic elements and items to be prepared that will be included in the SWOR are listed below: • Detailed project descriptions and • Disturbance Area description of the construction works • Site Data and Water Quality Design Issues • Site Data and Water Quality Design M Checklists SW-1, SW-2, and SW-3. Issues • Proposed Design Permanent Pollution Prevention a Receiving Water and Pollutant of BMPs Concern, including TMDL - Sizing of BMPs ✓ Regional Water quality Board Agreements - Cost estimate for BMP g Determination of the risk level 4 Construction Site BMPS The required attachments or exhibits will include: vicinity map, Evaluation Documentation Form (EDF), construction Site BMP consideration form, RUSLE2 calculation for soil erosion, risk level determination documentation, treatment BMP summary spreadsheets, quantities for construction site BMPs, sk 10.0 Deliverables 4 Hard copies and electronic copy of WQMP, Hard copies and electronic copy of SWDR. TASK 11.0 - ENVIRONMENTAL DOCUMENTS (CEQA COMPLIANCE) Overview / Approach: The widening of West Coast Highway and improvements to Old Newport Boulevard will involve improvements within Caltrans right-of-way. Due to the limited scope of Caltrans involvement and the fact that project funding would not include State or Federal funds, BonTerra; Consulting recommends processing the project through the California Environmental Quality Act as an Initial Study leading to a Mitigated Negative Declaration (IS/MND) and using this documentation to support the Caltrans encroachment permit, Scope of Work: The work under this task will require a series of subtasks, summarized as follows: Subtask 11.1-Preparation of an Initial Study: The Initial Study will be prepared in compliance with Section 15063 of the State CEQA Guidelines, applicable case law, and the Newport Beach City Council Policy K-3, 'Implementation Procedures for the California Environmental Quality Act", It is our understanding that three preliminary project alternatives would be identified with the City selecting a Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications preferred alternative. This Scope of Work assumes that the Initial Study will be prepared for only the preferred alternative. Using the City's Initial Study Checklist, BonTerra Consulting will respond to each checklist question based on project plans, a site visit, and available information. Following is a description of the work effort for assessing potential environmental effects relative to each topical issue. Agricultural and Forestry Resources — The project site does not contain nor has the potential to sustain agricultural or forestry resources. The topic will be addressed qualitatively in the Initial Study. Aesthetics — BonTerra Consulting will assess potential visual changes resulting from implementation of the project. This analysis will focus on the project's compatibility with surrounding land uses and change to the character of the site. Photographs will be taken of the site and from selected off -site viewpoints to depict the character of the project area. No significant impacts are anticipated due to the nature of the proposed roadway project. Air Quality — BonTerra Consulting will prepare quantitative estimates of construction mass emissions and local emissions for comparison with South Coast Air Quality Management District (SCAQMD) CEQA thresholds. The project is not included in the Southern California Association of Governments (SCAG) approved 2012 Regional Transportation Plan (RTP) or 2013 Federal Transportation Improvement Program (FTIP) through Amendment 2. Therefore, BonTerra Consulting will analyze the operational impact of the project by estimating the change in long-term emissions based on vehicle miles traveled (VMT) and average speed data and EMFAC 2011 emission factors for the existing, anticipated future without project, and future with project cases. The analysis will include qualitative discussions of toxic air pollutant impacts from diesel particulate emissions from vehicle operations and consistency of the project with the applicable air quality management plans. The analysis methodologies will be consistent with SCAQMO policies. If potential significant impacts are identified, mitigation measures will be recommended. To minimize cost, the Scope of Work assumes that a stand-alone air quality technical study is not required. Rather the information will be documented in the Initial Study and supporting materials (such as air quality model run information and literature search data) will be provided in the appendices to the Initial Study. Biological Resources — The project site contains no known locations of State -listed or federally listed Threatened or Endangered species, or species otherwise designated as special status by State and local resources agencies and organizations. To validate this expected finding, a BonTerra Consulting Biologist will visit the project site. A memo will be prepared to document findings which can be used for the Initial Study and subsequent Encroachment Permit application and Coastal Development Permit application. Cultural Resources — BonTerra Consulting will conduct a Phase I cultural resources study for the proposed project that will include a cultural resources literature review; a paleontological resources records search and literature review; and Native American consultation. A field survey would not be Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Mod required. The records searches will be completed at the South Central Coastal Information Center (SCCIC), California State University, Fullerton and the Los Angeles County Museum (LACM) respectively; contact with the California Native American Heritage Commission (NAHC) for a review of its Sacred Lands File will be initiated to obtain a list of local Native American contacts to whom BonTerra Consulting will prepare and send informational letters. BonTerra Consulting will present the research and survey results of the study in a cultural resources letter report which will be appended to the Initial Study being prepared for the project. Geology and Soils — BonTerra Consulting will review and summarize the geotechnical report prepared for the project by Albus-Keefe (Task 7.0). Greenhouse Gas (GHG) Emissions - BonTerra Consulting will address the potential effects of proposed project GHG emissions in accordance with the guidance provided in the March 2010 revisions to the State CEQA Guidelines. A quantitative estimate of the change in GHG emissions will be made using Vehicle Miles Travelled (VMT) and average speed data and EMFAC 2011 emission factors for the existing, anticipated future without project, and future with project scenarios. Construction GHG emissions also will be estimated and amortized over the project lifetime as recommended by SCAQMD. As there are no currently applicable quantitative significance criteria for GHG emissions for transportation projects, significance will be evaluated by considering the net change in estimated emissions, various criteria that have been considered or adopted by State and regional agencies and the City of Newport Beach for non -transportation projects. Significance will also be assessed by considering whether implementation of the project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs. To minimize cost, the Scope of Work assumes that a stand-alone GHG technical study is not required. Rather the information will be documented in the Initial Study and supporting materials (such as model run information and literature search data) will be provided in the appendices to the Initial Study. Hazards and Hazardous Materials — BonTerra Consulting will summarize the Phase I Initial Site Assessment (ISA), to be provided by Albus-Keefe. The objective of the hazardous waste ISA will be to evaluate whether hazardous materials or other adverse environmental conditions are present due to past or present uses of the sites and/or properties in the site vicinity. The proposed services for the ISA will be generally consistent with applicable sections of the ASTM International (ASTM) 2005 guidance (Designation Number E1527- 05), the EPA Standards and Practices for All Appropriate Inquiries (AAI), and State of California Department of Transportation (Caltrans) guidelines. However, because the ASTM and AAI standards were established to provide innocent landowner liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the purchaser of a property, and because portions of the project do not involve purchase transactions, the applicability of the ASTM/AAI standards will be limited. Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications The ISA 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, possible sources of polychlorinated biphenyls (PCBs), and possible indications of site contamination from activities at the site, A site vicinity reconnaissance to evaluate characteristics of adjacent properties for possible environmental influences on the site, Properties within and adjoining the project site will be visually evaluated from public rights -of -way only, a A review of the applicable environmental documents for the site. TM 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 requesting and reviewing readily available 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. Our scope of services does not include review of files for off -site properties. Locations of properties of concern will be shown on maps of the site vicinity. O Review State of California, Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) 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. O Review of site and adjacent 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 (USGS) Topographic Maps. We 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. w Prepare an ISA report. The report will provide a site location map, site visit notes, Caltrans ISA checklist, EDR database search, site photographs, and a discussion of findings and conclusions regarding the current environmental condition of the site including the potential occurrence of aerially deposited lead (ADL). The ISA will also include recommendations for additional assessment (e.g., ADL survey), as appropriate. • Prepare a Hazardous Materials Disclosure Document (HMDD) for the Project in accordance with Caltrans Guidelines. Hydrology and Water Quality — Based on information generated under Subtask 8.3 and Task 10.0, the Initial Study will provide an overview of any existing drainage systems and water quality treatment features that are in place to address water quality issues. BonTerra Consulting will also Proposal for City of Newport Beach —Old Newport Boulevard & West Coast Highway Modifications evaluate the project's compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements. Land Use and Planning— BonTerra Consulting will describe the existing on site and surrounding land uses based on a site visit and review of aerial photographs. BonTerra is very familiar with the area having prepared CEQA documents for three projects on West Coast Highway as well as for the replacement bridge for Newport Boulevard over West Coast Highway, the latter with a prior consulting firm. This section will address the project's consistency with relevant planning programs and plans and will discuss physical changes to the site including the reconfiguration of off-street parking associated with commercial uses on West Coast Highway. Mineral Resources — The project site does not contain mineral resources. The topic will be addressed qualitatively in the Initial Study based on the findings of the City's General Plan and General Plan EIR. Noise — BonTerra Consulting will visit the project site to identify the major noise sources and noise receptors in the project vicinity and free -flow traffic speeds on Old Newport Boulevard and West Coast Highway. Aerial photography indicates that the noise sensitive land uses near the project site are residences on La Jolla Lane and La Jolla Drive. Approximately four short-term (15-minute) noise level measurements will be taken to evaluate the existing ambient noise level conditions, BonTerra Consulting will review the project design and traffic analysis, and will model existing, anticipated future without project, and future with project traffic noise impacts using a Federal Highway Administration (FHWA) traffic noise model. Future noise impacts will consider the revised road alignment and estimated future traffic volumes and speeds. BonTerra Consulting will also evaluate potential temporary noise and vibration impacts during construction. Population and Housing — The proposed project does not involve the removal of existing housing units or the generation of new residents; therefore, no significant impacts related to population and housing are anticipated as a result of the proposed project. BonTerra Consulting will provide a summary statement in the Initial Study to support this conclusion. Public Services and Facilities — The project would allow for the realignment of a segment of Old Newport Boulevard and the widening of a segment of West Coast Highway. Because of the nature of the project, no significant impact on police or fire protection, schools or parks would be expected. BonTerra Consulting will coordinate with the respective service providers as necessary to substantiate this finding, Recreation — The proposed project does not include an increase in residential uses and would not increase the demand for recreational facilities, nor would it require the construction of new facilities. BonTerra Consulting will prepare a qualitative discussion to identify the absence of impacts related to recreation. Proposal for City of Newport Beach —Old Newport Boulevard &West Coast Highway Modifications Transportation Circulation, and Parking — BonTerra Consulting will summarize the Traffic Study (Task 6.0) as part of the Initial Study. Mitigation will be identified, as necessary. As noted, implementation of the proposed project would require the reconfiguration of off-street parking associated with commercial uses on West Coast Highway. The adequacy of replacement parking will be addressed. Utilities and Service Systems — As a part of the proposed project, the Project Team will investigate the need for relocation and/or upgrades to the utility infrastructure system. BonTerra Consulting will assess potential impacts to utilities based on this information. BonTerra Consulting will coordinate with utility purveyors, as necessary, to complete this analysis. A Draft Initial Study will be submitted to the City and the Project Team for review. After receipt of comments, the Draft Initial Study will be revised to incorporate all comments that are within the Scope of Work (Revised Initial Study). The Revised Initial Study will be submitted for review by the same parties. Concurrent with preparation of the revised document, BonTerra Consulting will prepare the necessary documentation for the MND, including a proposed finding that the project will not have a significant effect on the environment with implementation of mitigation measures. This will be submitted to the City and Project Team for review with the Revised Initial Study. 5ubtask 11.2-Public Distribution of the Initial Studv/Mitigated Negative Declaration: Following the review of the Revised Initial Study and MND, BonTerra Consulting will submit a proof check copy of the IS/MND for final review prior to public distribution. Following the City's acceptance of the proof check Initial Study/MND, BonTerra Consulting will finalize the document and prepare it for reproduction. BonTerra Consulting will coordinate with the City on a mailing list for the distribution of the IS/MND. This Scope of Work assumes that BonTerra Consulting will provide 30 copies of the IS/MND for the City's use; appendices will be provided only on CD, Additional copies of the IS/MND can be provided in PDF format on CD and to upload onto the City's website. BonTerra Consulting will coordinate reproduction and distribution of the 15/MND to the State Clearinghouse (SCH) and interested parties. In accordance with current SCH procedures, BonTerra Consulting will submit 15 hardcopies of the Summary Form for Electronic Document Submittal and 15 CDs of the entire document to SCH. Subtask 11.3-Notices: A Notice of Intent (N01) that the City proposes to adopt an MND needs to be provided to the public. This notice should be published in the local newspaper(s) or, at a minimum, posted at the project site. It is assumed that BonTerra Consulting would prepare the NOI, but that the City will submit the notice to the newspaper and/or post at the project site. BonTerra Consulting will post the notice with the County Clerk. The project requires a 30-day public review period for the IS/MND, Subtask 11.4-Response to Comments: Once the public review period has ended, BonTerra Consulting will coordinate with the City and Project Team to review the comments received on the IS/MND and to develop an approach to responding to the comments. Topical responses, with a brief summary of the response and reference back to the larger response, will be used if multiple comments are received on Pro osal for City of Newport Beach — Oki N port Boulevard & west Coast Highway Modifications the same issue. This approach will allow a more complete response without undue repetition. One screencheck copy of the Response to Comments document will be submitted to the City and Project Team for review. The responses will then be revised based on comments on this document. In compliance with Section 15074 of the State CEQA Guidelines, the City must consider the proposed IS/MND together with any comments received during the public review process. Subtask 11,5-Mitigation Monitoring and Reporting Program: In compliance with California Public Resources Code Section 21081.6, BonTerra Consulting will prepare a mitigation monitoring and reporting program (MMRP) for adoption with the IS/MND. The MMRP will be prepared at the same time as the Response to Comments. The MMRP will be designed to ensure compliance with adopted mitigation requirements during project implementation. The program will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. A draft copy will be submitted for review by the Project Team. Revisions will be made accordingly. Subtask 11.6-Notice of Determination: Immediately following the adoption of the MND, BonTerra Consulting will prepare the Notice of Determination (NOD) to be filed with the County Clerk and SCH. Within five days of approval of the IS/MND, BonTerra Consulting will file an original signed NOD with the County Clerk; it is assumed that the City will be responsible for all filing fees. Once the NOD has been filed with the County Clerk, BonTerra Consulting will submit the NOD along with evidence of County Clerk filing and payment of fees to SCH. Task 11.0 Deliverables • Initial Study (l5). • CEQA Documentation. v4 Mitigation Monitoring and Reporting Program, if necessary. • Phase 1 ISA. • Notice of Intent. • Notice of Determination. • Public Notices. TASK 12.0 — RIGHT OF WAY ENGINEERING Scope of Work: Under this task, KCG will prepare legal descriptions and plats for all permanent and temporary (TCE) right of way takes required to construct the preferred project alternative. Task 12.0 Deliverable ▪ Legal descriptions and plats for permanent takes. • Legal descriptions and plats for TCE's. Proposal for City of Newport Beach — Old Newport Boulevard & west Coast Highway ncati TASK 13.0 — FINAL PS&E Scope of Work: Under this task, the KCG team will prepare final plans using AutoCAD 2010 and In conformance with City CAD standards. Based upon the alternative contained in the RFP (or some variation thereof) we envision the following plan set will be developed: Description r Sheets Scalei Title Sheet Typical Sections Details Roadway Plan & Profile Storm Drain Plan Storm Drain Profiles Retaining Wall Plan & Profile Retaining Wall Details Offsite Improvements Landscape Plan Irrigation Plan Landscape & Irrigation Details Signing & Striping Plans Street Lighting Plans Traffic Control Plans Cross Sections 1 NTS 1 NTS 2 NTS 2 1"=40' H; 1"=4' V 2 1"=40' 2 1"=4' 1 1"=40' H; 1"=4' V 1 NTS 2 1"=20' 1 1"=20' 1 1"=20' 1 NTS 2 1"=40' 2 1"=40' 4 1"=40' 9 1'"=10' H; 1"=1' V Total Roadway plans will depict all required improvements, including utility relocations. References to other sheets for improvement details will be provided. There will be a number of inlets and catch basins that will be impacted by the proposed project. The storm drain plans will depict new inlet locations and connecting pipe geometry. Storm drain profiles will be provided for all proposed laterals. We are assuming that by moving the road alignment west, we will be impacting the existing retaining wall and will also be creating a need for additional retaining structure further to the south along Old Newport Road. We have included provisions for 1 plan and profile sheet and a corresponding detail sheet for this element. The proposed roadway widening/ realignment will impact the 2 properties on the corner of PCH and Old Newport Road, requiring the reconfiguration of parking and relocation of site features such as signing. We will develop off -site sheets at 20 scale which will depict, in detail, all improvements required to reconstruct these properties to work with the proposed roadway improvements. There will be areas available for planting along both sides of the realigned Old Newport Road. Landscape and Planting Plans will be prepared for these areas. Connections to existing water lines and electrical service point connections will be depicted on the Irrigation Plans. Proposa€ for City of Newport Beach — Newport Boulevard &West Co y odlfications Signing and Striping and Traffic Control Plans will be prepared at 1" = 40' scale. We have estimated that 2 phases of traffic control will be needed to construct the project. Street light plans will cover the relocation of existing lights as well as placement of new lights to meet the photometric requirements of the project. Photometric calculations will be prepared by Advantec as part of this work effort. Roadway cross sections will be provided at a scale of 1" = 10' horizontal and 1" = 1' vertical scale for all roadway improvements. These cross sections will depict all existing and proposed street cross sections. Specifications will be prepared using Microsoft Word for Windows. Construction Cost Estimates will be prepared using Microsoft Excel. All quantity calculations and pertinent backup calculations required to support the project estimate will be bound and submitted to the City for review. Per the RFP, plans will be submitted at two interim stages (50% and 80% complete) and a final level. Task 13.0 Deliverab N Hard copies of Final PS&E, • Electronic files of PS&E (CADD and PDF). TASK 14.0 — PERMITS Overview / Approach: The construction of this project will require a Caltrans Encroachment Permit and a Coastal Development Permit (CDP). The project site islocated within the Coastal Zone within the City of Newport Beach. A Local Coastal Program Coastal Land Use Plan(CLUP) for the City of Newport Beach was first approved by. the California Coastal Commission {Coastal Commission) on October 13, 2005, and was adopted on December 13, 2005. The CLUP was amended by the Coastal Commission on February 5, 2009, and adopted again on July 14, 2009. The City is preparing the Implementation Program, Because the City does not have an adopted lmplementation Program for the,LCP, it does not have the ability to issue Coastal Development Permits (CDPs); all CDPs for new development in the City are processed by the Coastal Commission. The CDP will need to address water quality, scenic, and visual resources including views to/from West Coast Highway and associated bikeways and Old Newport Boulevard. KCG will assist City staff with preparing the CDP application, All processing of the CDP will be completed by City staff. Scope of Work: The scope of work under this task will cover the following: Subtask 14.1-Caltrans Encroachment Permit: This will involve preparation of an Encroachment Permit Application including, but not necessarily limited to, the following attachments: • Signed plans (folded per Caltrans' requirements) • Environmental Notice of Determination Proposal for City of Newport Beach —Oki Newport Boulevard & West Coast Highway Modifications KCG will prepare the application for City Signature and compile all supporting information. We will submit and process this permit application until an Encroachment Permit for the project is obtained. Subtask 14.2-Assist with Coastal Development Permit Application: KCG will assist City staff with the preparation of the Coastal Development Permit (CDP) application. All processing of the permit once the initial application is submitted will be completed by City staff. TASK 15.0 — CONSTRUCTION BIDDING AND SUPPORT SERVICES Scope of Work: The work under this task includes (a) responding to questions during the bid period; (b) attending the pre -construction meeting; (c) reviewing shop drawing submittals; (d) preparing bid addenda; (e) providing input with respect to the contractor's general conformance with the project plans and specifications; and (f) preparing as -built record drawings, based on contractor redlines, at the completion of construction. Task 15.0 Deliverables' Hard copy mylars ofAs-Builts. gt Electronic files of As-Builts (CADD and PDF). Proposal for City of Newport Beach — Old Newport Boulevard & West Coast Highway Modifications EXHIBIT B SCHEDULE OF BILLING RATES Kreuzer Consulting Group Page B-1 March 28, 2013 Mr. Patrick Arciniega, PE City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663-3884 Re: Revised Cost Proposal for Old Newport Boulevard and West Coast Highway Modifications Dear Mr. Arciniega, Our proposed time and materials fee for the subject project is $324,734. A detailed breakdown of person -hours and fees by task are provided on Exhibit A herein. The Schedule of Hourly Billing Rates for KCG and all of our subconsultants are also attached hereto. These billing rates will not change for the life of the project. At the bottom of Exhibit A, we have provided hours and fees for project optional tasks as described in our scope of work contained in Section 2.4 of our proposal. We trust this proposal meets the City's expectations. The cost proposal shall remain valid for a period of 90 days from the date shown herein. If you have any questions or require additional information, please do not hesitate to call. Respectfully Submitted, Rick Kreuzer, PE President 320 Main Street, Unit D • Seal Beach, CA 90740 • phone 714-656-0160 • fax 714-656-0t65 EXHIBIT A FEE SCHEDULE FOR PROFESSIONAL ENGINEERING SERVICES CITY OF NEWPORT BEACH OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY IMPROVEMENTS r� 1 Szw SITS j�� lytt t t �Y t t £ s£ t in t i txV i TOTAL TASKL0 ARcoJECTMANAGEMSNT ADMWISTRATIONAND MEETINGS 120 40 31500 329,700 SOTO MOP/TAT TAO(1.0 MANHQftRS SUBTOTAL TASK to COSTS 120 $24 C00. 40 St 2W 3t,d00 E29,S(f0 I529,200 TASKto-.RESEARCH AND DATA COLLECTION 8 i5 f3.29t1 53,230 SURTdYAt t4SH 24 MANHOURS • SUBTOTAL TASK SE COSTS 8 51604 10 Et,540 33.200 53200 YASK 3.0-UYIGtYYRESEARCN AND C00401NATHNd i6 20 55.3W 55,300 SUBTOTAL TASK 3.0 MAN1101IRS S0OTOTAL TASK 5,0 COSTS 15 $0,200 20 $2,100 $0,300 E5.300 TASK 4,O- SERA L MAPPING AND RELOSURVEY 4 4 $1220 $11506 $11500 $12220 SUBTOTAL ?Assad MANHOURS SUBTOTAL TASK 4.0 COSTS 4 5800 4 $420 51 TM $11,500 211 600 S12 720 TASK 6,0. BASE MAPPING 4 24 $3,320 f3,320 SUBTOTAL TASK 6,0 MANHOURS SURTOTAL YASK$.0 COSTS 4 5600 24 $2,520 $3320 $3 320 YA6X 6.0-TRAFFIC STUDY 8.1 Coosa Bogen ln50.091 n 2 2 0510 R.S00 52d00 03110 5 l'roM2 Analysis end Report 2 2 5810 SIQOC9 310000 S0B.5ID &300IaIled Skald Re4Tew( venlory 4 4 81 ,220 b1.1ili(1 S1,6p1) 52 720 SUBTOTAL TASK S0 MANHOURS 5U0TOTAL TASK ILO COSTS 0 51.600 6 2840 52,940 $22,000 - $22,000 524,440 TASK TA- GEOTECHNICA6 REPORT 2 S400 $10,340 310349 $10749 SUOTOTAt rim Y4 MANHOURS SUBTOTALTASX SS COSTS 2 5400 SIIW E1.0.349 $t0,399 510140 TASK a - PRE ttM:NAAYOESTSNPLANS B.i Cw.aian. 09 10 24 $S720 f5T2P a2 AgamaMeaesgn 140 x49 E42IDp s1,ff00 SI000 $44,20 93 Groraya Deagrz 24 48 E6840 55.840 8.4 CootE4LMm0 5 5 E2440 SZtNO keembutsates 52000 52,OW E2000 SUBTOTAL TASK SO MANHOURS 5UR"ova TASK 5,0 COSTS 186 532200 220 523,100 $2,000 Sb2 S60 51500 $i,g0] 583800 TASK 9.0- FACT SHE T FOR DESIGN EXCEPTIONS 60 44 $1,000 $15.T20 $350b 33,500 $19.220 SUBTOTAL TASK 9.0 MANHOURS SUBTOTAL TASK 9.0 COSTS 40 $8.000 64 S6R0 11.000 $t0720 $3.500 E3,BW 519,220 TASK t0,0- WATER QUALITY DOCUMENTATION 0.11}'41ar Opine Management Plan (WQMP I 2 2 $610 $5,000 ¢5A00 30R60 k5,610 &A S1oomwstm Dale Rep on(SW0R) 2 2 S810 55000 {0,HID sUeTOYALTA5Kf0.0005T3 SUBTOTAL TA SKi5.O COSTS 4 $500 4 5420 10,220 - $10,000'. St00W EH220 TASK PLO -ENVIRONMENTAL DOCUMENTS (CEPA COMPLIANCE} 10.1 Pronto Otis] Study 5 $1430 $36,380 $3.300 530.050 S41,080 102 POWie ORabutlon of l6IMNO 5400 53,950 53960 54366 10.3 Bolos E200 $1,180 81?80 $1 306 10.4 Response to Comments 4 E020 $6tp0 $6100 58.920 10.6MIIg0lbn Mon0Onnq and Reporting Prapram 5400 $2,000 %26W 52,400 105 Batten of Determinaton 5200 $900 $000 St 100 SUBTOTAL TASK 144 MANHOURS SUBTOTAL TASK PLO COSTS 12 $2,400 t0 85,050 33.450" i52,50G E3.3W 515,800 559,250 TASK ISO -RIGHT ERROLS.NCENEERPfG 12 20 %4506 54.6W SUBTOTAL YASKf20MANH0UR4 SUBTOTAL TASK 1210 COSTS f2 E2.903 20 S2.100 gd.$P3. '54.500 TASK 1 3.0 - HNAL PS 8 E - TR1a Sheet (1) 2 0 $1.030 04,030 Typi05(04 0one(1) 2 12 $1,560 5t,6W - 7e5545(2) 4 16 52480 52480 -Roo0wso Plan B Profile (21 1 40 S6.800 S0,600 . Strom Dram Plan (II 16 82489 $2400 -Strom Oren Profiles (11 16 32A00 $2400 -Retaining Wa11 P1an8 Profile (t) 6 51430 $1,430 *400(0ing Wal De PR lt) 4 5820 5020 -O(Isil¢611pmvemento (2) 12 $2,869 $2060 -LaatlIUpa Plen (1) 5400 $6000 S0jl00 $6400 -IttgalMg Plan 11) 5400 $6,000 5500tl $6400 (.adgcape B Na0Fon Details TB 5200 $2000 S29P0 $2200 n9 -0]m0q&000,930500)21 12 92990 52,060 -Street LlgMWA Plans (I) 5400 52000 52000 $2.400 -TraMc Control Piens(4) 20 02,100 $3,700 Ctoas 6edbne(8) 9 27 24,635 $4,635 '0050(4nauona 12 5 S3240 $3240 � - Cast Eetnneles 8 12 $2.800 $2860 RemAwsoles $2500 S2 d00 82,500 SUBTOTALTASK050 MANHOURS SUBTOTAL TASK al) COSTS 90 $0B000 20T Ri,t35 82500 E42,235 82.000 $14,000 510,000 E39235 T451114.0-PERMITS 131050rvn Envoatmart Pemq 20 24 SI000 %2.52(1 3]520 132 Repot w;,Goaatal DewHIpmmtPemo Appeceaon 20 24 $500 %t020 ST,620 SUBTOTAL TASKf4.0 MANHOURS SUBTOTAL TASK 84,O COSTS 40 E5.000 48 $SOW $t,500 S14 S40 $t8,590 TASK 120- GONSTR14CT3ON BIDDING AND SUPPORT SERVICES 16 12 $4.460 f4460 SUBTOTAL TASK OP MANHOURS SUBTOTAL TASK 050 COSTS 18 E2,W 12 $1,260 54450 $4460 MANHOUR ORANO TOTALS FEE GRAND TOTALS 562 5312400 607 $*3,i85 $8500 ix9§036. $2P OOtl f62.50b $10,0W 5:4W0: f135J $11500 $410649 $324,724. PO DOPER POTNOIaE ..' v 831814888.8415888812111881PC183.048s0a9aMe4¢Ntiee 0Mteu0Fee 88815 /e 04 8ew08m1013ll129848 SCHEDULE OF HOURLY BILLING RATES OFFICE PERSONNEL: Typists, Word Processors $50 Technician $70 Design Engineer/CADD $105 Principal / Project Manager $200 FIELD PERSONNEL: Twa-Man Survey Party, including Truck and Equipment $210 Three -Man Survey Party, including Truck and Equipment $250 SUPPORT & MISCELLANEOUS COSTS: Other Vehicles $0.55/mi. Copies — Black & White $0.10/pg. Copies — Color $0.50/pg. Plotting — Black & White $2.00/ft2 Plotting — Color $4.00/ft2 Starlight Surveying, Inc. One Man Survey Crew Two Man Survey Crew Three Man Survey Crew $108.00 / hour $190.00 / hour $244.00 / hour ADVAATTF,C Consulting Fngineers BILLING RATES Classification Grade Billing Rate Assistant Engineer 1 $95 Engineer 2 $120 Senior Engineer 3 $140 Assist. Project Manager 4 $18D Project Manager 5 $220 DIRECT COSTS Travel Mileage $0.55/mi Other Direct Costs At cost + 10% admin. STANDARD HOURLY RATE SCHEDULE Principal Project Director/Senior Associate Senior Project Manager Project Manager Design Draftsperson Draftsperson Senior Clerical Clerical $195.00 per hour $120,00 per hour $105.00 per hour $90.00 per hour $75.00 per hour $65,00 per hour $60.00 per hour $35.00 per hour EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Kreuzer Consulting Group 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 in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation, All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non 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: 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 Kreuzer Consulting Group Page C-2 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. E. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand, G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Kreuzer Consulting Group Page C-3 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. Kreuzer Consulting Group Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/24/13 Dept./Contact Received From: Tania Date Completed: 5/28/13 Sent to: Tania By: Chris/Renee Company/Person required to have certificate: Kreuzer Consulting Group Type of contract: All Others 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/31 / 12-8/31 / 13 A. INSURANCE COMPANY: American Casualty Co B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: G. H. II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/31/12-8/31/13 ® Yes ❑ No 2,000,000/4,000,000 ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No Yes ❑ No ® Yes ❑ No ❑ Yes A. No ZN/A ❑Yes ❑No ❑ N/A ® Yes ❑ No A. INSURANCE COMPANY: American Casualty Co B. AM BEST RATING (A- : VII or greater) A:XV C. ADMI1 I ED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: H. NOTICE OF CANCELLATION: El Yes ❑ No 1,000,000 N/A Z N/A ❑ N/A ❑ N/A ❑ Yes ® Yes Z Yes ❑ No ❑ No ❑ No nl. VYORKERS'COK4P[NSAT|0N EFFECT|VE/EXP|RATION DATE: 081/12'8/31/13 A. INSURANCE COMPANY: Valley Forge Insurance Company B. AMBEST RATING (A':VUcvgoeater): A:X\/ C. ADMITTED Company (Must beCalifornia AdnohKed): D. VYORKERS'COWPEN88T|ONUKl|T: Statutory E, EMPLOYERS' LIABILITY LIMIT (Must be $101orgreater) F. WAIVER OFSUB ROGATION (To inn|ude): |sitinn|udedY & SIGNED YV0RKERS'C0MPENSAT|0NEXEMPTION FORM: H. NOTICE OFCANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED [Y. PROFESSIONAL LIABILITY Y POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? (FNO, WHICH ITEMS NEED TOB[COMPLETED? _ 1ZYes E]No 112Yes EjNo 1,000,000 ZYoc 0Wo 0N/A FlYes El No UNm MYaa El No [I N/A 0Yes [_JNv 94N/A ElYes FlNu [KNIA 0Yuu El No Approved: 5/28/I3 Agent o[A!|iuntInsurance Services Date Broker ofrecord for the City ofNewport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non`admittedcarrier rated less than � Self Insured Retention or Deductible greater than $ E N/A LJ Yes Ll No Reason for Risk Management npprovaJexoeptioohwaive/: Approved: Risk Management Date ^Subject tothe terms ofthe contract.