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
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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
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$6,960
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$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.
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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 -
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14280 Euclid Ave
Chino, CA 91710
1-888-90-BELOW
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14280 Euclid Ave
Chino, CA 91710
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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
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$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.