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HomeMy WebLinkAbout12 - Superior Avenue and West Coast Highway Intersection Improvements — AmendmentsQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report August 25, 2020 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov PHONE: 949-644-3315 TITLE: Superior Avenue and West Coast Highway Intersection Improvements — Approval of Amendment No. 2 with Chambers Group, Inc. and Amendment No. 1 with Dokken Engineering and Updated Pedestrian Bridge Conceptual Design (15T09) ABSTRACT: As part of the Capital Improvement Program, final design efforts for the Superior Avenue Pedestrian Bridge and Parking Lot ("Superior Avenue Bridge") project are currently underway. The City recently received grant funding for environmental review and design services for the West Coast Highway Widening and Pedestrian Bridge ("WCH Bridge") project. Amendments to Professional Services Agreements (PSA) with both Chambers Groups, Inc. and Dokken Engineering are needed to complete the environmental review and design services, respectively, for the WCH Bridge project. Staff is also recommending a revision to the approved conceptual design related to the Superior Avenue pedestrian bridge structure. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. 2 in the amount of $227,821.00 to the Professional Services Agreement with Chambers Group, Inc. for environmental review services at a new not -to -exceed total price of $389,038.00 and authorize the Mayor and City Clerk to execute the Amendment; c) Approve Amendment No. 1 in the amount of $970,000.00 to the Professional Services Agreement with Dokken Engineering for professional engineering design services at a new not -to -exceed total price of $1,889,890.00 and authorize the Mayor and City Clerk to execute the Amendment; and d) Approve a revision to the Conceptual Design related to the Superior Avenue pedestrian bridge structure. 12-1 Superior Avenue and West Coast Highway Intersection Improvements —Approval of Amendment No. 2 with Chambers Group, Inc. and Amendment No. 1 with Dokken Engineering and Updated Pedestrian Bridge Conceptual Design (15T09) August 25, 2020 Page 2 FUNDING REQUIREMENTS: The adopted FY 2020-21 Capital Improvement Program budget includes sufficient funding for the environmental and design services. The services will be expensed to the FFP Parks/Community Centers Account No. 56201-980000-15T09 and Measure M Competitive Account No. 1230050-980000-15T09 in the Superior Avenue and West Coast Highway Intersection Improvements project (15T09). Chambers Group's proposed not -to -exceed fee for Amendment No. 2 is $227,821.00. Dokken Engineering's proposed not -to -exceed fee for Amendment No. 1 is $970,000.00 DISCUSSION: The Superior Avenue and West Coast Highway Intersection Improvements project (Project No. 15T09) as identified in the FY 2020-21 Capital Improvement Program budget is comprised of two separate projects: 1) Superior Avenue Pedestrian Bridge and Parking Lot ("Superior Avenue Bridge") 2) West Coast Highway Widening and Pedestrian Bridge ("WCH Bridge") These two projects are being administered separately. The Superior Avenue Bridge project is in the final design stage while the WCH Bridge project will commence with environmental review and conceptual design upon approval of the recommended PSA amendments. Amendments to Professional Services Agreements On May 1, 2019, the City entered into a PSA with Chambers Group, Inc. in the amount of $116,975.00, to complete the environmental services for the Superior Avenue Bridge project. The PSA scope of work included preparation of environmental documents to satisfy both California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) requirements. Amendment No. 1 in the amount of $44,242.00 was approved by City Council on September 10, 2019, for additional technical studies as required by regulatory agencies. The CEQA Mitigated Negative Declaration (MND) was adopted by City Council on November 19, 2019, and the NEPA Categorical Exclusion was approved by Caltrans on January 13, 2020. During the November 19, 2019, City Council meeting, a PSA with Dokken Engineering for professional engineering services for the Superior Avenue Bridge project was also approved by City Council. The PSA scope of work involved preparation of construction documents for a new pedestrian bridge across Superior Avenue and a new larger parking lot. Design services are currently 30 percent complete and are scheduled to be completed in the Summer of 2021. Construction will start shortly after, as originally planned. 12-2 Superior Avenue and West Coast Highway Intersection Improvements —Approval of Amendment No. 2 with Chambers Group, Inc. and Amendment No. 1 with Dokken Engineering and Updated Pedestrian Bridge Conceptual Design (15T09) August 25, 2020 Page 3 With City Council adoption of Resolution 2020-4 on January 14, 2020, staff submitted a funding application to the Orange County Transportation Authority (OCTA) under the Comprehensive Transportation Funding Program (CTFP) for the WCH Bridge project. The CTFP is funded with Orange County Measure M2 funds. On May 11, 2020, OCTA Board approved the City's application. The City will receive a grant up to $780,000 to complete the environmental review and design services for the WCH Bridge project. As part of this grant program, a minimum of 35 percent local agency funding match is required. Staff estimated $1.2 million to complete the environmental review and design services. As described in Resolution 2020-4, the City is required to contribute $420,000 (35 percent of $1.2 million) towards these services. The FY 2020-21 adopted CIP budget recognized the grant award and includes the required matching funds for this project. The proposed improvements for both projects involve improving the intersection of Superior Avenue and West Coast Highway. Although these two projects are separate, they are immediately adjacent to one another. The Superior Avenue Bridge project involves constructing a new pedestrian bridge across Superior Avenue and a new larger parking lot. The new pedestrian bridge will improve access to Sunset Ridge Park and the new larger parking lot will provide additional parking for visitors to Sunset Ridge Park and the beach. The WCH Bridge project involves widening West Coast Highway to increase vehicular capacity and constructing a pedestrian bridge across West Coast Highway. With the completion of both projects, sidewalks and two crosswalks at this intersection can be eliminated as pedestrians will be able to use the two new bridges and ramps. Eliminating two crosswalks and moving the pedestrians from the street level to the bridges and ramps will significantly improve pedestrian access and safety. This will also greatly improve traffic signal operation and vehicular circulation by allowing more traffic signal green time for vehicles traveling through the intersection. The design of the Superior Avenue Bridge project will account for the proposed improvements of the WCH Bridge project. Because of the proximity of these two projects, they will need to be closely coordinated. These two projects are in different stages of development; however, they will be administered simultaneously. Construction of the Superior Avenue Bridge project is scheduled to start in the fall of 2021, at which time the environmental review and conceptual design for the WCH Bridge project will be underway. During the construction of the first project, the contractor may discover unforeseen field conditions that may affect the design of the second project. The simultaneous timing of these two projects will need to be coordinated to avoid potential design and construction conflicts. The WCH Bridge project is more complex than Superior Avenue Bridge project as it will require real property acquisition from adjacent property owners on the north side of West Coast Highway in order to realign and widen the major arterial. This segment of West Coast Highway is under Caltrans' jurisdiction. Modifications to this state highway will require their approval. The City entered into several PSAs with various consultants to complete the Superior Avenue Bridge project. The total professional services cost for the Superior Avenue Bridge project is approximately $1,263,000. 12-3 Superior Avenue and West Coast Highway Intersection Improvements —Approval of Amendment No. 2 with Chambers Group, Inc. and Amendment No. 1 with Dokken Engineering and Updated Pedestrian Bridge Conceptual Design (15T09) August 25, 2020 Page 4 The recommended PSA amendments to complete similar services for the more complex WCH Bridge project is just under $1.2 million. Staff believes that the lower costs may be attributed to the consultants' familiarity with the first project. The approval of these two PSA amendments will allow staff to proceed with environmental review, conceptual design, permitting, and final design efforts for the WCH Bridge project. The two current consultants for the Superior Avenue Bridge project, which are Chambers Group, Inc. and Dokken Engineering, are both performing very well and have met all deliverables as outlined in their respective scope of work. Staff recommends continuing with the same design team for the WCH Bridge project to maintain continuity and close coordination of both projects. Revisions to Phase 1 Conceatual Desian During the conceptual design development of Superior Avenue Bridge project, several bridge structures were considered. City Council ultimately selected the 3 -span concrete bridge. The primary reasons for selecting the 3 -span concrete bridge were for its common construction methods, minimal maintenance and cost effectiveness. The one major drawback with this design is the need for two mid -span concrete supports due to the length of the bridge structure. These two concrete supports would need to be constructed within the Superior Avenue median and behind the sidewalk on the Sunset Ridge Park side. Although this design would meet all current design standards, it does introduce two large physical obstructions on Superior Avenue. While preparing the final design construction documents, Dokken Engineering proposed an alternate concrete bridge that does not require any mid -span supports. The proposed bridge structure is a single -span concrete arch bridge. The two mid -span concrete supports are replaced with a structural and aesthetic concrete arch. This design has all the advantages associated with the previously approved 3 -span concrete bridge. In addition, it eliminates the primary drawback of needing two mid -span concrete supports. The height of the proposed concrete arch bridge is within the visual analysis limitations that was completed as part of the project environmental review. The cost of the single - span concrete arch bridge is similar to the 3 -span concrete bridge. Staff believes that there is a lot of merit with this alternate design and recommends proceeding with the single -span concrete arch bridge. At the time that the conceptual design for the Superior Avenue Bridge project was approved, staff was not actively working on the WCH Bridge project. A staircase from the West Coast Highway sidewalk to the top of the Superior Avenue bridge was proposed as part of the approved conceptual design. This staircase would eventually need to be removed to accommodate the widening and realignment of West Coast Highway. Since funding for the design of the WCH Bridge project is now available, staff recommends eliminating the temporary staircase from the Superior Avenue Bridge project. In the interim, the general public will be able to access the parking lot and Superior Avenue bridge via the existing sidewalks. 12-4 Superior Avenue and West Coast Highway Intersection Improvements —Approval of Amendment No. 2 with Chambers Group, Inc. and Amendment No. 1 with Dokken Engineering and Updated Pedestrian Bridge Conceptual Design (15T09) August 25, 2020 Page 5 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B —Amendment No. 2 with Chambers Group, Inc. Attachment C — Amendment No. 1 with Dokken Engineering Attachment D — Concrete Arch Bridge Conceptual Design 12-5 ATTACHMENT A SUNSET RIDGE PARK NEWPORT CREST SUPERIOR AVE HOAG HOSPITAL LOWER CAMPUS x - PROPOSED WEST COAST HIGHWAY PEDESTRIAN BRIDGE PROPOSED WEST COAST HIGHWAY WIDENING N.T.S. WEST COAST HIGHWAY WIDENING CITY OF NEWPORT BEACH AND PEDESTRIAN BRIDGE PUBLIC WORKS DEPARTMENT LOCATION MAP C-8020 I 15T09 1 8/25/20 12-6 ATTACHMENT B AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. FOR ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE PROJECT THIS AMENDMENT NO_ TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 25th day of August, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750, Santa Ana, CA 92707, and is made with reference to the following: RECITALS A. On May 1, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement") for Consultant to provide professional environmental services and support for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project ("Project"). B. On September 10, 2019, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, and to increase the total compensation. C. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and approving the submittal of a funding application ("Application") for an intersection capacity enhancement project to the Orange County Transportation Authority ("OCTA") for funding under the Comprehensive Transportation Funding Program. D. On May 11, 2020, OCTA approved the City's Application, in which the City will receive funds to conduct environmental review and design services for the West Coast Highway Widening and Pedestrian Bridge Project. E. The parties desire to enter into this Amendment No. Two to reflect additional Services to include the West Coast Highway Widening and Pedestrian Bridge Project (hereinafter collectively referred to as the "Project") not included in the Agreement, as amended, to increase the total compensation, update the Claims section, include Prevailing Wage language, and update Insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows - 1 . ollows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement small be supplemented to include the Scope of Services, attached hereto as Exhibit A-2 and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A- 12-7 2 to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B-2 and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, as amended by Amendment No. One, and Exhibit B-2 to this Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty Nine Thousand Thirty Eight Dollars and 001100 ($389,038.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Twenty Seven Thousand Eight Hundred Twenty One Dollars and 001100 ($227,821.00). 3. 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.). 26.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" Chambers Group, Inc. Page 2 12-8 as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.)." 4. PREVAILING WAGES Section 30 shall be added to the Agreement as follows: "30.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations_ The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 30.1 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work." 5. INSURANCE Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in the Agreement shall hereafter refer to Exhibit C attached hereto. 6. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Chambers Group, Inc. Page 3 12-9 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: Rh S/Zo Zo By: �2-k (. --�� Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date.- By: ate: Bv: Will O'Neill Mayor CONSULTANT: Chambers Group, Inc., a California corporation Date: By: By: Leilani i. Brown Mike McEntree City Clerk Vice President / Chief Operating Officer Date: By: Alex Gurrola Chief Financial Officer/ Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A-2 — Scope of Services Exhibit B-2 — Schedule of Billing Rates Exhibit C — Insurance Requirements Chambers Group, Inc. Page 4 12-10 EXHIBIT A-2 SCOPE OF SERVICES Chambers Group, Inc. Page A-1 12-11 EXHIBIT A-2 SCOPE OF SERVICES Amendment No. 2 ENVIRONMENTAL SERVICES FOR THE SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE AND PARKING LOT AND WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE PROJECT Consultant has prepared a scope of work and cost estimate to prepare the CEQA documentation according to all applicable State and local requirements that will be applied to the West Coast Highway Widening and Pedestrian Bridge Project. Consultant assumes the appropriate CEQA documentation for the project will be an Environmental Impact Report (EIR); however, if a different document is determined to be more appropriate, a separate scope and cost can be provided via formal amendment to the contract. Consultant shall provide: • Preparation of all CEQA documentation according to all applicable State and Local requirements • Preparation of technical studies related to biological resources, cultural resources, air quality, noise, aesthetics, and traffic, among others • Preparation of CDP and/or CDP amendments • Coordination and supervision of any sub -consultant specialists as required • Coordination and collaboration with the City of Newport Beach staff, various consultants and any state/local agencies (such as the United State Fish and Wildlife Service [USFWS]), as required • Attendance at various City of Newport Beach public meetings as needed Consultant shall accomplish the scope of work as described below. TASK PH2 -1: PROJECT INITIATION Task Ph2 -1.1: initial Meeting and Data Acquisition After receiving formal Notice to Proceed (NTP), the Consultant Project Manager shall meet with representatives from the City at a Project Initiation/Kick-Off Meeting to discuss the project description, specific project issues, upcoming construction schedules and CEQA schedule; as well as receive any pertinent project information reports in addition to the City's most up- to-date project plans and other background documentation. The Consultant Project Manager shall also survey the Project site and the immediate surrounding area and make a photographic record to document the existing conditions. Consultant shall review all available project -related data and reports provided by the City including revisiting the Initial Study/Mitigated Negative Declaration (IS/MND) we previously prepared for the Superior Avenue Pedestrian and Bicycle Bridge Project. Following the review of existing data, any gaps in the data and recommendation for correcting the gaps shall be discussed with the City of Newport Beach. Consultant shall work closely with the City to 12-12 determine what additional data must be collected in support of the CEQA document being prepared. It is assumed that Consultant can use these documents in the analysis of the Project. Task Ph2 -1.2: Project Description Consultant shall develop a comprehensive description for the Proposed Project that shall form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City. The project description shall include a narrative and graphical presentation of the Proposed Project, including components, location and boundaries, regional and vicinity maps, and a statement of the Project goals and objectives. Deliverable: One electronic PDF copy of the project description for City review. TASK PH2 -2: TECHNICAL STUDIES Based on the Proposed Project improvements, the technical studies below are suggested to supplement the analysis in the appropriate CEQA document. Task Ph2 -2.1 : Visual Simulations (Subconsuitant: Fuscoe Engineering) The purpose of this task is to create a visual 3D model of the proposed pedestrian bridge crossing at West Coast Highway. Subconsultant (Fuscoe Engineering) shall complete the following tasks associated with the visual simulations for the Proposed Project: Task Ph2 -2.1.1. UAV Aerial Scan Conduct an aerial Unmanned Aerial Vehicle (UAV) scan of the Project Site including an area within 500' adjacent, and from the Newport Crest apartments to the ocean. Includes field scan aerial photos, 3D "point cloud" LAS file and 3D OBJ mesh model. Task Ph2 -2.1.2. Existing Conditions Model Prepare a 3D model of the site as -is from the UAV scanning files. Task Ph2 -2.1.3. Proposed Bridge & PCH Widening Using electronic files to "schematic' level, insert the proposed Bridge into the existing conditions model for a "before vs. after" simulation. Add in 4-6 view simulations from client/team designated "'points of view". Assumes 3D Concept level grading plan and bridge model shall be provided by client at project commencement. Includes 3D concept level grading plan and bridges modeled from AutoCAD plans provided by client. Task Ph2 -2.1.4. Video Animation Prepare a rendered 30 second video of the 3D model illustrating the proposed conditions as a virtual drive on Pacific Coast Highway (PCH) and Superior Avenue as directed by client. 12-13 Task Ph2-2.1.5. General Consultation Coordinate files and deliverables with the team and ensure all work is proper, useable. Attend meetings, coordinate files with Consultant and provide special modeling services as requested. Task Ph2 -2.2: Coastal Development Permitting Consultant shall work with the City to provide permitting efforts for the Project. Task Ph2 -2.2.1: Coastal Development Permit Under Local Coastal Program (LCP) Consultant shall assist the City in preparing applications and obtaining a Coastal Development Permit (CDP) from the City for the Proposed bridge across West Coast Highway, under the City's Local Coastal Plan (LCP). Consultant shall prepare the permit application and required appendices with the information identified and shall work with the City to include pertinent information such as the project information to prepare the project description (including construction methods and equipment), assessor's parcel numbers for surrounding landowners, names of neighboring property owners and occupants, and wet signatures on the CDP. Consultant shall provide an electronic copy of the draft CDP for review by the project City staff and shall incorporate one round of comments into a final CDP for submittal. The CDP for submittal shall be provided within two weeks of receiving complete project description information. This proposal assumes the Coastal Development Permit (CDP) would be subject to the City LCP and not the California Coastal Commission (CCC). The coordination with the City after permit application submittal shall include requests for additional information that is readily available at the time of the request and would not require substantial modification to the existing project description, which would require preparation of a new permit application, and would not require new additional work not included in the Scope of Work. This task does not include new technical studies or reports not specifically identified in this proposal. City shall provide the application fees directly, as applicable, for each permit application. Task Ph2 -2.2.2: Coastal Development Permit and/or Amendment Consultant shall assist the City in preparing applications for a new CDP and/or an amendment to existing Coastal Development Permit(s) involving the lane expansion portion of the Project adjacent to both Sunset Ridge Park and Banning Ranch, as well as the switchback ramps at Sunset Ridge Park. The type of CDP(s) that shall be prepared for this task shall be dependent upon how the design of the Proposed Project lines up against the existing CDP alignment. Consultant shall prepare the permit application and required appendices with the information identified and shall work with the City to include pertinent information such as the project information to prepare the project description (including construction methods and equipment), assessor's parcel numbers for surrounding landowners, names of neighboring property owners and occupants, and wet signatures on the CDP. Consultant shall provide an electronic copy of the draft CDP(s), as applicable, for review by the project City staff and shall 12-14 incorporate one round of comments into a final CDP for submittal. The CDP for submittal shall be provided within two weeks of receiving complete project description information. The coordination with the City after permit application submittal shall include requests for additional information that is readily available at the time of the request and would not require substantial modification to the existing project description, which would require preparation of a new permit application, and would not require new additional work not included in the Scope of Work. This task does not include new technical studies or reports not specifically identified in this proposal. City shall provide the application fees directly, as applicable, for each permit application. Assumptions: Based on our understanding of the current Project, Consultant assumes no Section 404 permit from the US Army Corps of Engineers, Section 401 and/or Waste Discharge requirement from the Regional Water Quality Control Board. nor Section 1600- 1602 Lake and Streambed Alteration Agreement would be required. In addition, based on the current understanding, no Section 7 and/or Section 10 consultation or permit shall be required from resources agencies, specifically the California Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFW) as no threatened or endangered species is expected to occur within the Project footprint. If waters and/or wetlands are identified within the Project area and are determined to be jurisdictional under either the Clean Water Act or California Fish and Game Code, additional permitting effort shall be required under separate scope of work and fee. Task Ph2 -2.3 Biological Resources Consultant shall work with the City to provide biological resources analysis efforts for the Project. Task Ph2 -2.3.1: Biological Resource Literature Review, Field Survey, and Biological Technical Report Prior to commencing the general biological survey, Consultant shall conduct a literature and database review of the project area. The database review shall include the United States Geological Survey (USGS) 7.5 -minute topographic quadrangle containing the site, California Department of Fish and Wildlife's (CDFW) California Natural Diversity Database (CNDDB), the United States Fish and Wildlife Services (USFWS) sensitive species occurrence database and critical habitat areas, and the California Native Plant Society's Electronic Inventory (CNPSEI), National Wetland Inventory (NWI), U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) general soils map, previous vegetation maps and biological surveys prepared for the site (if available), and aerial photographs of the area prior to surveying the site for current relevant information. In addition, biological information included in reports previously prepared for closely related projects shall be reviewed and referenced. After conducting the literature search and database review, biologists shall conduct a reconnaissance -level survey of the Project area which includes a bridge that shall span West Coast Highway (within 150 feet of the proposed parking lot and pedestrian bridge), and the 12-15 realignment and lane expansion area along West Coast Highway). Vegetation communities on the Project site and the immediate vicinity shall be surveyed, mapped, and qualitatively described. The field survey shall focus primarily on determining the presence or potential presence of federal- or state -listed or otherwise sensitive plant and wildlife species and sensitive habitats. In addition, the survey shall focus on identifying the presence of any sensitive habitats that may be protected under the California Coastal Commission. The survey shall include a waters assessment to confirm the presence of jurisdictional waters in the area. Photographs shall be taken to document the current conditions of the Project site and vicinity. Plants and wildlife observed during the survey shall be recorded and provided as appendices to the report. After completing the biological survey, Consultant shall prepare a Biological Technical Report that shall include an introduction, methods used to conduct the surveys, results of the existing conditions of biological resources within the survey area, a discussion of sensitive species and plant and wildlife communities, and references cited. The report shall include a discussion of the potential for sensitive species to occur within the survey area and the adjacent habitat and recommended mitigation measures. The report shall summarize the results of the habitat assessment survey and shall include current photographs and maps documenting existing site conditions and the locations of any sensitive and listed species occurring, or potentially occurring, at the site. The report shall include up to five graphics including a vicinity map, biological resources map, and photographs of the site. The report shall contain up to 25 pages of text and tables and up to 10 pages of appendices. Plant and wildlife species lists observed during the survey shall be included as appendices to the report. One electronic copy of the Biological Technical Report shall be provided for review. Consultant shall incorporate one round of comments into the final report within one week of receiving comments on the draft report. Electronic copies of the final report shall be submitted to the City. Schedule: The field survey shall commence upon receipt of NTP. Within three weeks of conducting the biological resource survey, Consultant shall provide a draft Biological Technical Report to the City for review. The final report shall incorporate comments from the City within one week of receipt of one consensus round comments. Assumptions • Cost for Task 2.3.1 assumes two biologists surveying the proposed work areas over a one - day period. If additional areas are added that require a field survey, Consultant shall provide a change order. • The cost for Task 2.3.1 includes the field survey, Other Direct Cost (ODC's) including travel and equipment, and reporting services. • Cost for Task 2.3.1 assumes a phone meeting with the City of Newport to discuss the results of the survey. If additional meetings are required, Consultant shall provide a change order. Task Ph2 -2.3.2: Coastal California Gnatcatcher Focused Surveys and Report Consultant's team of qualified and USFWS permitted biologists shall conduct focused surveys for coastal California Gnatcatcher according to the Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Guidelines (USFWS 1997), and include a 12-16 500 -foot buffer, throughout the Project site in suitable habitat (i.e., coastal sage scrub habitat near Sunset Ridge Park). The appropriate USFWS field office shall be notified prior to surveys. The surveys shall be conducted during nesting season (February 15 to August 31). Within this timeframe, 3 surveys shall be conducted at least one week apart from each other. Complete bird lists shall be maintained for each survey day. The locations of the target species and other sensitive species and/or their nests shall be documented in field notes and/or approved data sheets, recorded with a handheld Global Positioning System (GPS), mapped onto high-resolution aerial photographs, and photographed clearly showing the location of the species in reference to work areas. Observed territories shall be drawn directly onto high-resolution aerial photographs on each survey, resulting in a comprehensive territory map at the close of the season. These territory maps shall then be transcribed using GIS software. Following the completion of the CAGN survey effort, Consultant shall complete a 45 -day report of results in accordance with the 1997 USFWS protocol. The draft report shall be issued for comment and review within three weeks of the completion of the surveys. Consultant shall incorporate one round of comments into a Final Report within 10 business days of receipt of comments on the Draft Report. One electronic copy and up to three hardcopies (upon request) of the final report shall be provided. The final report shall then be submitted to the USFWS and CDFW as appropriate. Assumptions • The cost for Task 2.3.2 includes approximately three full days for one permitted CAGN biologist, ODC's including travel and equipment, agency notification, and reporting. • This scope of work does not include agency consultation, or CAGN permitting services. Informal agency consultation is included in Task 2.3.4, below. Task Ph2 -2.3.3: Wetland Delineation Consultant shall conduct a desktop analysis prior to field survey. The desktop analysis shall include U.S. Geological Survey quadrangle maps and blue -line drainages, Natural Resources Conservation Service soil survey maps, National Wetland Inventory data, and data obtained from the City for the proposed work area. Potential wetland habitats on the site shall be evaluated using the methodology set forth in the USACE Wetland Delineation Manual (USACE 1987) and shall utilize the Arid West Regional Delineation Supplement. Surveyors shall walk the project area identifying and mapping limits of jurisdiction with GPS. Suspected USACE/RWQCB/CDFW jurisdictional areas shall be field checked for the presence of definable wetlands within the survey area. Hydrologic indicators include evidence of inundation, saturation, watermarks, drift lines. and sediment deposits. The boundaries of the hydrological feature shall be mapped in a shape file that can be distinguished by respective Agencies' jurisdiction, based on current Agency guidance documents. Photographs of hydrological features shall be recorded for reference and scale. Upon completion of field survey, all GIS data collected shall be reviewed. Data gathered from the survey and analysis effort shall be included in the wetland delineation report. 12-17 Consultant shall prepare a wetland delineation report that summarizes the field survey, mapping and impact analysis findings. The report shall include up to 25 pages of text and graphics including a vicinity map, limits of jurisdiction on current aerial photographs, photographs of the site and appendices. Consultant shall submit an electronic copy of the draft report to the City for review. Consultant shall incorporate one round of comments into a final report and provide an electronic file to the City. Note: The field portion of this task shall be completed during the Biological Reconnaissance Survey. Task Ph2 -2.3.4: Informal Agency Coordination Consultant understands that if sensitive resources are present (i.e., coastal California gnatcatcher, wetlands), preparation of additional avoidance and protection measures may be required to address potential direct and indirect impacts. Consultant biologists shallcoordinate with wildlife and resource agencies and assist with the preparation of protection measures to allow the project to move forward while protecting the sensitive resources. Our team shall assist the City during negotiations with the agencies to develop appropriate mitigation measures. This task includes one site visit with agencies and two additional phone conference meetings. This task does not include a formal consultation for a USFWS Section 7 and Section 10 Habitat Conservation Plan and CDFW Incidental Take Permit. Task Ph2 -2.4: Air Quality, Greenhouse Gas, and Noise Analysis (Vista Environmental) Task Ph2 -2.4.1: Air Quality Analysis Vista Environmental shall provide the following tasks to support the Project analysis: • Identify the existing air quality setting in the area. • Identify applicable federal, state, and South Coast Air Quality Management District (SCAQMD's) rules and regulations and identify current attainment status of federal and state standards, and current SCAQMD attainment plans. • Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data shall be obtained for air pollutants, including; ozone, nitrogen dioxide (NO2), and particulate matter (PM10 and PM2.5). • Identify SCAQMD's thresholds of significance for the criteria pollutants. • Provide a Project consistency analysis with SCAQMD's Air Quality Management Plans (AQMP). The consistency analysis shall determine if the Project shall contribute to air quality violations and if it shall comply with AQMP control measures. • Evaluate and quantify regional criteria pollutant emissions associated with each phase of construction activities utilizing the CaIEEMod Model and construction assumptions obtained from the client. if significant regional pollutant emission levels are found to be created from construction activities, feasible mitigation shall be developed and quantified. • Evaluate local NOx, CO, PM10, and PM2.5 emissions at the nearby homes from each phase of construction activities for the Proposed Project utilizing SCAQMD's Lookup Tables and the methodology described in Localized Significance Threshold Methodology, prepared by 12-18 SCAQMD, July 2008. If significant local pollutant emission levels are found to be created from construction activities. feasible mitigation shall be developed and quantified. • Provide a qualitative analysis of the construction -related toxic air contaminant (TAC) impacts from the Proposed Project and detail how due to the limited duration of construction activities that the cancer and non -cancer risks would be less than significant. • Provide a qualitative odor analysis from construction of the Proposed Project. The odor analysis shall identify the potential sources of odors and the number of variables that can influence the potential for an odor impact as well as providing detail of what constitutes a significant odor impact. • Provide a qualitative operational analysis that details how the expansion of West Coast Highway at Superior Avenue would not generate additional vehicle trips as the trips would occur with or without the Project and how the operation of the pedestrian bridge would generate only nominal vehicle emissions associated with maintenance activities that would result in less than significant criteria pollutant and odor emissions. • Prepare an air quality section for the CEQA document summarizing the results of the previous work tasks. Prepare an appendix that contains the CaIEEMod printouts and any other calculations printouts used in preparation of the air quality section. Task Ph2 -2.4.2: Energy Analysis Vista Environmental shall provide the following tasks to support the Project analysis: • Identify applicable federal, state, and SCAQMD's rules and regulations that apply to energy usage. Calculate construction energy usage through utilization of the CalEEMod model run developed for the air quality analysis to quantify the total hours off-road equipment shall operate, the total worker miles traveled, and total haul and vendor truck miles traveled during construction of the Proposed Project. Utilize the fuel usage factors from OFFROAD2011 and off-road equipment operating hours to calculate the fuel usage from the off-road equipment. Utilize the vehicle fleet average miles per gallon rates from EMFAC2014 and the worker and truck vehicle miles traveled to calculate the fuel usage from on -road construction trips. • Provide a qualitative operational energy usage analysis that details how the expansion of West Coast Highway at Superior Avenue would not generate additional vehicle trips as the trips would occur with or without the Project and how the operation of the pedestrian bridge would utilized only nominal energy associated with lighting and maintenance activities that would result in less than significant energy usage. Also detail how all lights would be high efficiency lighting. • Provide an assessment of how the applicable renewable energy and energy efficiency rules and regulations shall be implemented by the Proposed Project and where possible, quantify the energy savings achieved through implementing each rule and regulation. If the Proposed Project is found to be inconsistent with any rule or regulation, provide mitigation to ensure the Project meets the requirements. • Prepare an energy section for a CEQA document summarizing the results of the previous work tasks. Prepare an appendix that contains the calculations printouts used in preparation of the energy section. Task Ph2 -2.4.3: Greenhouse Gas Emissions Analysis Vista Environmental shall provide the following tasks to support the Project analysis: 12-19 • Identify greenhouse gases (GHGs) and their associated impacts to global climate change. • Identify applicable international, federal, state, SCAQMD rules and regulations. • Identify SCAQMD's draft thresholds of significance for greenhouse gases. • Evaluate and quantify GHG emissions associated with construction activities for the Proposed Project through utilization of the CaIEEMod Model run used in the Air Quality Analysis. • Provide a qualitative operational GHG emissions analysis that details how the expansion of West Coast Highway at Superior Avenue would not generate additional vehicle trips as the trips would occur with or without the Project and how the operation of the pedestrian bridge would generate only nominal vehicle GHG emissions associated with maintenance activities that would result in less than significant GHG emissions. • Compare the operational GHG emissions to all applicable GHG emissions thresholds including AB 32, AB 197, SB 32, SB 375, and SCAQMD's draft GHG emissions thresholds. If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions to less than significant. • Determine if the Proposed Project would conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. • Prepare a greenhouse emissions section for a CEQA document summarizing the results of the previous work tasks. Prepare an appendix that contains the CaIEEMod printouts and any other calculations printouts used in preparation of the greenhouse gas emissions section. Task Ph2 -2.4.4: Noise Analysis Vista Environmental shall provide the following tasks to support the Project analysis: • Provide a project description that details the Project components, the Project location and nearby sensitive receptors. • Identify applicable City of Newport Beach noise and vibration regulations and thresholds of significance. • Due to COVID-19, which has disrupted the typical traffic volumes and commercial activity in the Project vicinity, the noise measurements taken for the Superior Avenue Pedestrian and Bicycle Bridge Project shall be utilized. However, Optional Task 2.4.5 is provided if the stay at home orders are lifted and the City would like new measurements taken. • Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1.1 to analyze potential noise impacts to the nearby homes from each phase of construction activities for the Proposed Project. Compare the results to the applicable City noise standards. If necessary, develop mitigation to minimize the noise impacts from construction activities at the nearby sensitive receptors. • Analyze potential vibration impacts associated with the use of heavy off-road equipment during construction activities through application of the methodology used in the Transportation- and Construction -Induced Vibration Guidance Manua! (Vibration Guidance Manual), prepared for Caltrans. • Analyze the roadway noise impacts created from widening West Coast Highway through utilization of the FHWA Traffic Noise Model (I*HWA TNM) Version 2.5 and the traffic volumes and LOS provided in the Traffic Study for existing and future scenarios to calculate the noise impacts to the nearby homes for without Project and with project scenarios from the widening/moving of West Coast Highway. Compare the results to City noise standards. If necessary, provide mitigation to reduce roadway noise impacts to within the City noise standards. 12-20 • Obtain reference noise measurements of the typical noise producing activities at similar pedestrian bridges. Utilize a version of the FHWA noise prediction model and the reference noise measurements to calculate the operational onsite noise source impacts to the nearby homes and compare the results to the City's stationary noise standards. If an exceedance is found provide feasible mitigation to reduce the noise impacts to less than significant levels. • Provide a qualitative operational vibration analysis that details how the operation of the Proposed Project would not include any known sources of vibration and would result in less than significant vibration impact. • Prepare a noise section for an Initial Study documenting the results of the previous work tasks. Prepare an appendix that contains the RCNM printouts, TNM model printouts and any other calculations printouts used in preparation of the noise section. Optional Task Ph2 -2.4.5: Noise Measurements As noted above, if stay at home order are lifted and the City would prefer new noise measurements to be taken, the following noise measurements shall be conducted: • Obtain three long-term (approximately 24-hour) noise measurements in the vicinity of the Project site in order to determine the existing ambient noise conditions at the nearby homes to the Project site. Deliverables: Analysis shall be incorporated into the CEQA document, with appendices provided to support the analysis. Task Ph2 -2.5: Cultural Resources Assessment The following tasks are provided to address the cultural resources sensitivity of the Project area and satisfy information required to address the CEQA checklist items. Task Ph2- 2.5.1: Literature Review and Field Survey Consultant shall conduct a literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the South Central Coastal Information Center housed at California State University, Fullerton. The records search shall be conducted by SCCIC staff and review relevant previously recorded cultural resources and previous investigations completed for the one -mile search radius surrounding the Project site. Information to be reviewed shall include location maps for all previously recorded cultural resources, previously conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic maps, and historic addresses. Consultant shall also review properties listed on/as the California Points of Historical Interest (CPHi), California Historical Landmarks (CHL), Caltrans Historic Highway Bridge Inventory, California Historical Resources Inventory, local city and county registries of historic properties, the California Register of Historic Resources (CRHR), and the National Register of Historic Places (NRNP). Additional sources of information that may be reviewed include but are not limited to Certified Local Government annual reports and other data, HAGS/HAER records, the National Register information System, the on-line database for National Register sites, Calisphere Digital Resources, Online Archive of California, Government Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical societies and libraries, as well as inventory files and data on -file with other agencies that control property near the area. The task shall also include a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps 12-21 (i.e., Sanborn Fire Insurance Maps, Government Land Office Plat Maps). A review of the geological formations and a records search at the Natural History Museum of Los Angeles County Department of Vertebrate Paleontology (LACM)shall also be conducted. The City shall be the lead under AB 52 Tribal Consultation (if necessary). Please note that this research alone does not satisfy the lead agency's requirements under AB 52. Fees incurred by the LACM are estimated to be $250 for the paleontological records search and are included in our cost. Fees incurred by the SCCIC to conduct the record search have been estimated at $1,000 and are included as part of this estimated cost. Note: The South Central Coastal Information Center (SCCIC) is currently closed due to COVID-19 and conducting record searches is not possible. When the facility shut its doors, they were running on an 8 -week delay in turn -around time. Consultant can conduct the field survey without the record search data and provide an interim report; however. if record search results do not agree with the results of our field survey, we may need to conduct an additional field check before finalizing the report and a contract augment shall be required. The benefit of this approach is to allow for draft CEQA documents and permit applications to be completed while awaiting the record search data: however. Consultant shall employ the direction of the City. Consultant shall complete a field survey of the Proposed Project area. The cultural resources survey shall be conducted in accordance with the professional standards as described by the National Parks Service, Secretary of Interior's Standards and Guidelines, as amended for Archaeology and Historic Preservation. Consultant cultural resources specialist shall survey the Project area for the presence of: • Prehistoric artifacts (e.g., flaked stone tools). • Tool-making debris, stone milling tools, • Historic artifacts (e.g., metal, glass, ceramics), • Sediment discoloration (ex. midden, hearth features), • Depressions and other features indicative of the former presence of structures or buildings (e.g., post holes, foundations), • Historic ruins, buildings, structures, and/or objects. This cost estimate assumes one archaeologist and one paleontologist from Consultant shall complete the survey within one 8 -hour day. This cost estimate assumes no cultural resources shall be encountered during this survey. If cultural resources are identified, a revised scope of work and cost may be necessary. Letter Report The results of the cultural resources study shall be summarized in a letter report which shall include; the results of the literature review and field survey, proposed mitigation measures (if any), and site photos and references. The letter report is assumed to contain up to 15 pages of text, graphics, and appendices. A draft copy of the letter report shall be provided to the City for review. This cost estimate assumes no more than four hours to address comments and to finalize the letter report. If additional comments are received, a revised scope of work and cost for additional review may be necessary. 12-22 Deliverables: One Draft and one Final electronic copy of the Archaeology Survey Report Task Ph2- 2.5.2: Assembly Bill (AB 52) Tribal Consultation Support The following task has been provided to support the City with AB 52 services, including but not limited to; preparation of notification letters; tribal consultation and tracking; assessment of information related to TCRs provided by the Tribe(s); and drafting appropriate mitigation measures (as warranted). Up 16 hours have been included to provide support with this task, as needed. If additional hours are needed to conclude AB 52 consultation an augmented cost and scope may be required. Note: Per the Governor's Executive Order (EO) N-54-20, the timeframes set forth for which the tribe must request consultation and the lead agency must begin consultation are suspended for 60 days (until June 22nd). Therefore. the entire tribal consultation process may take longer than usually anticipated. The Draft EIR should not be circulated for public review until the AB 52 consultation process has been concluded. Task Ph2- 2.6: Transportation Services (Linscott, Law, and Greenspan) Task Ph2 -2.6.1: Project Mobilization Linscott, Law, and Greenspan (LLG) shall be available to discuss the Project and analysis criteria, confirm the study approach, identify pertinent traffic issues and concerns, and formalize the Scope of Work for the VMT analysis and intersection analysis for the proposed transportation improvement project. Coordination with Caltrans staff shall be completed, if necessary, to confirm proposed work program meets the State's criteria/requirements, especially as it relates to VMT assessments of transportation improvement projects. In consultation with City of Newport Beach staff and Caltrans staff, LLG shall prepare a scope of work agreement detailing the assumptions and overall requirements including the significance thresholds for the VMT analysis and intersection analysis, and submit to City staff for review and approval. Task Ph2 -2.6.2: Data Collection and Research Visit the Project study area to confirm existing conditions with respect to existing site development, local area development, site access, parking use, and areas of congestion in order to verify our overall understanding of traffic conditions in the area that might affect this Project. In conjunction with the site visit, document the existing roadway striping, traffic control measures, curbside parking restrictions, intersection lane configurations. and other pertinent roadway features. Given the changes in travel patterns and lower activity due to COVID-19, conducting traffic counts is not recommended. Therefore, this proposal assumes traffic data for the intersection of West Balboa Boulevard/Superior Avenue at West Coast Highway shall be obtained from readily available historical traffic count data from either City of Newport Beach staff and/or traffic count companies. 12-23 If historical traffic count data is not available, conduct AM peak period (7:00 AM to 9:00 AM) and PM peak period (4:00 PM to 6:00 PM) traffic counts at the intersection of West Balboa Boulevard/Superior Avenue at West Coast Highway. The collected peak hour traffic counts shall then be adjusted using a growth factor approved by City staff to develop existing Year 2020 baseline traffic conditions. Task Ph2 -2.6.3: Formulation of Existing and Buildout Traffic Volumes LLG shall confirm AM peak hour and PM peak hour existing traffic volumes for the intersection of West Balboa Boulevard/Superior Avenue at West Coast Highway. Utilizing the Orange County Transportation Analysis Model 5,0 (OCTAM 5.0), LLG shall develop AM peak hour and PM peak hour buildout traffic volumes for the intersection of West Balboa Boulevard/Superior Avenue at West Coast Highway. Task Ph2 -2.6.4: Traffic Evaluation — Intersection Operations Analyses LLG shall prepare AM peak hour and PM peak hour LOS operations analyses at the intersection of West Balboa Boulevard/Superior Avenue at West Coast Highway for existing conditions and buildout traffic conditions without and with the proposed improvements. The evaluation shall be prepared using both the ICU methodology as required by the City and the HCM method of analysis as required by Caltrans. The HCM analysis shall consider all appropriate input parameters to accurately model the West Balboa Boulevard/Superior Avenue at West Coast Highway intersection characteristics for the AM and PM peak commute hours, including pedestrian crossing, vehicle queuing, roadway and lane storage geometrics, and signal operational conditions. LLG shall assess the potential benefits of the proposed improvements based on the results of the peak hour intersection analyses (including reduced intersection delay, intersection queuing and increased pedestrian safety), the City's General Plan LOS goals, and Caltrans requirements. Task Ph2 -2.6.5: VMT Analysis LLG shall coordinate with City of Newport Beach staff and Caltrans staff to define the study area as the size and shape of the study area can affect the analysis. LLG shall also determine the analysis scenarios and confirm the approach for the VMT analysis. Assuming the use of the Orange County Transportation Analysis Model 5.0 (OCTAM 5.0), LLG shall conduct without and with Project VMT model runs. The without Project scenario shall be prepared for the base year and the buildout year (Year 2035), assuming existing or community plan/general plan land uses. The 'with Project" scenario shall also be prepared for the base year and the buildout year (Year 2035), assuming the Project network changes. LLG shall compare the VMT for the Project against the Regional VMT. Compare the cumulative VMT for the Project against the Regional VMT. LLG shall determine the Project impact based on City of Newport Beach guidelines (if available), Caltrans guidelines, or based on the Technical Advisory for Evaluating Transportation Impacts In CEQA, published by the Governors Office of Planning and Research (OPR), December 2018. 12-24 If necessary, LLG shall recommend appropriate mitigation measures to reduce the impact. LLG shall also provide the Project team a toolbox of potential mitigation or Project alternatives for consideration in the analysis. LLG shall utilize the California Air Pollution Control Officers Association (CAPCOA) standards or other applicable documents and determine if the selected mitigation measures reduce the Project's VMT impacts to less than significant. Task Ph2 -2.6.6: Preparation of Report LLG shall prepare a Draft Report that details all of the above-mentioned items including their analysis, findings and conclusions. The Draft Report shall be suitably documented with tabular, graphic and appendix material. The report shall be submitted for screencheck review by the appropriate members of the Project team, City staff and Caltrans staff. If necessary, LLG shall revise the Draft Report to address project team/City staff and Caltrans staff comments and provide a Final Report for inclusion into the Project's EIR. The Final Report shall be suitably documented with all tabular, graphic and appendix materials. Task Ph2- 2.6.7: Response to Comments LLG shall coordinate with the Project team and/or City staff and Caltrans staff regarding traffic -related comments received during the circulation of the Draft EIR. LLG shall prepare and submit draft written responses to traffic -related comments received on the Traffic Section of the EIR during the public review process. LLG shall update the responses, if necessary, based on City and/or Project team comments and submit final draft for inclusion in the Final EIR (8 hours of Senior Transportation Engineer support and 4 hours of Principal Engineer support is allocated for this task). Task Ph2 -2.6.8: Attendance at Meetings LLG shall prepare for and participate in up to four conference calls with the project team and/or City staff. For budgeting purposes, the average length of each conference call is assumed to be one hour and shall be attended by the LLG Project Manager. LLG shall prepare for and attend one EIR Scoping Meeting, if conducted. This component includes preparation of specific presentation materials on traffic issues. For budgeting purposes, the length of the EIR Scoping Meeting is assumed to be five hours and shall be attended by the LLG Project Manager. LLG shall prepare for and attend one City of Newport Beach City Council Meeting. This component includes preparation of specific presentation materials on traffic issues. For budgeting purposes, the length of the City Council Meeting is assumed to be five hours and shall be attended by the LLG Project Manager. 12-25 Optional Task Ph2 -7: Hazardous Materials Assessment The objective of the HMA shall be to evaluate whether hazardous materials or other adverse environmental conditions are present due to past or present use of the site and/or properties in the Project site vicinity. The services proposed by Ninyo & Moore for the HMA shall be generally consistent with applicable sections of the ASTM International (ASTM) 2013 guidance (Designation Number E-1527-13) and the United States Environmental Protection Agency Standards and Practices for All Appropriate Inquiries (AAI). Because the ASTM and AAI standards were established to provide innocent landowner liability protection under Comprehensive Environmental Response, Compensation, and Liability Act for the purchaser of a property, the applicability of the ASTM/AAI standards shall be limited. The HMA shall include the following tasks: • A site visit to visually evaluate site characteristics for possible contaminated surface soil or surface water, improperly stored hazardous materials, and possible sources and indications of site contamination from activities at the Project site. • A site and vicinity reconnaissance to evaluate characteristics of properties within and adjacent to the Project area for possible hazardous materials influences on the project. Properties adjoining the site shall be observed from public rights-of-way. • Review of previous environmental reports conducted for the site, if provided by the City. • If provided by City, review chain -of -title and environmental lien reports to evaluate probable past site uses and their possible impact on the current environmental status of the site. • A review of a computerized database search provided by Environmental Database Resources (EDR) of readily available government and regulatory agency environmental lists for the site and for properties located within approximately '/4 mile of the Project site. The objective of the database search shall be to evaluate locations where hazardous materials may have been used or stored and their possible effects on the site. On-site listings of possible concern shall be further evaluated by reviewing readily available on-line environmental documents for the site from regulatory agencies, or by interviewing regulatory agency personnel. Ninyo & Moore's scope of services includes review of up to two agency files for the site and an online review of agency files for the adjoining closed leaking underground storage tank (LUST) case at 4625 West Coast Highway (Tosco Oil). Locations of properties of concern shall be shown on maps of the site vicinity. • Review State of California, California Geologic Energy Management Division's oil -field maps and review of information, if any, provided by the California State Fire Marshal regarding oil and natural gas pipelines in the site vicinity. • Review of site and adjoining historical land use to provide an overview of past uses that likely involved the use or storage of hazardous materials. Information that shall be used to review the site history shall include readily available historical aerial photographs and historic United States Geological Survey Topographic Maps. Ninyo & Moore shall attempt to note historical site uses involving the use or storage of hazardous materials from the time when the site was undeveloped or agricultural. 12-26 • Prepare an HMA report. The report shall provide a site location map, site visit notes, an EDR database search report, site photographs, and a discussion of findings and conclusions regarding the current environmental condition(s) of the site including the presence of hazardous materials in the Project area and possible impacts to the Project. Please note that Ninyo & Moore's proposed scope of services for environmental evaluation does not include subsurface exploration, soil or water sampling, chemical analysis, or evaluation of methane, lead, radon, or asbestos. Properties adjoining the site shall be observed from public rights-of-way. Assumptions The following assumptions have been made in the preparation of Ninyo & Moore's scope of services: The visual observations made by Ninyo & Moore shall be limited to the surface area of the site and contiguous properties. Subsurface explorations, soil sampling, surface and groundwater sampling, and chemical analyses are not included as part of this scope. • It is Ninyo & Moore's understanding that Caltrans may be reviewing the HMA, and have included one round of comments in the estimated fee. • Up to eight hours have been estimated to review agency records for the site. Up to four hours have been estimated to review online agency records for the adjoining closed LUST case at 4625 West Coast Highway (Tosco Oil). If during the course of the assessment, additional adjoining facilities applicable to the site impact evaluation are discovered, additional budget shall be requested in order to conduct agency research for those addresses. • Ninyo & Moore's fee and scope of services includes preparation of one written response to review comments for our report. Subsequent consulting services, including preparing additional written responses to subsequent review comments of our report, attendance at meetings, or additional requested services, shall be provided on a time -and -materials basis. TASK PH2 -3: ENVIRONMENTAL IMPACT REPORT DOCUMENTATION Based on coordination with the City and results of the analysis within the technical studies, Consultant shall prepare the appropriate CEQA Documentation for the City. Due to agency involvement, potential permitting requirements, and location of the Project, we anticipate an EIR to be the appropriate document, and this scope is outlined below. Task Ph2 -3.1.- Notice of Preparation Draft Notice of Preparation. Consultant shall prepare the Notice of Preparation (NOP) for the Project. The NOP shall contain a description of the Project, a map showing the location of the Project, and a summary of the probable environmental impacts. 12-27 Deliverables: One electronic PDF copy of the Draft NOP for City review. Final Notice of Preparation. Upon receipt of the City's Comments, Consultant shall prepare a Final NOP for public review. Consultant shall distribute copies of the NOP to the appropriate responsible and trustee agencies, interested parties, and to the mailing list provided by the City and shall file the NOP with the OPR and the County Clerk. The NOP shall be circulated for a 30 day public review period. The comments that are received on the NOP shall be used to further refine the project description or scope of EIR, if needed. The NOP, comments received, and all correspondence shall be included in the EIR appendices. Deliverables: Up to five hard copies and one CD containing an electronic PDF copy of the NOP shall be provided to the City if requested. Up to 30 hard copies of the NOP for public agency distribution. The NOP shall be submitted to the State Clearinghouse electronically for filing. Task Ph2 -3.2: Prepare Administrative Draft EIR Conduct Environmental Impact Analysis. The document shall contain a section for each environmental issue area. Discussion of each issue shall begin with a description of the environmental setting. Impact evaluations for each environmental issue area shall contain the following elements: (1) a statement identifying the impact and its significance; (2) a discussion of the impact and methodology used to evaluate the Proposed Project; (3) cumulative impacts evaluation; (4) applicable city policies and requirements; (5) recommended measures to mitigate the impact; and (6) a statement identifying the level of significance after measures are implemented. The environmental factors that shall be outlined in the EIR include: • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning -Mandatory Findings of Significance • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources • Utilities and Service Systems • Wildfire Assess Cumulative Impacts. In concert with City staff, Consultant shall develop a list of ongoing or future projects in the area within a reasonable radius around the Project site to develop the cumulative impact analysis. The Proposed Project's contribution to the overall cumulative impact shall also be evaluated and discussed. Analyze Alternatives. Consultant, in concert with City staff, shall develop a range of reasonable alternatives to be evaluated in the EIR. Alternatives shall be assessed for their ability to reduce or eliminate significant impacts of the project, while resolving public, as well 12-28 as agency concerns. As required by CEQA, the No Project Alternative shall also be examined. For the purposes of this Project, we anticipate that up to three alternatives including the No Project Alternative shall be analyzed in the EIR. Prepare Other Required Sections. In addition to the sections discussed above, Consultant shall prepare all other required CEQA sections, including: Table of Contents: an executive summary; impacts of the Project found not to be significant; growth -inducing impacts of the Project; any significant irreversible environmental changes that shall be involved with continued operation of the Project; and a list of organizations and persons consulted. Consultant shall also provide a Draft MMRP at the time of submittal of the screencheck Draft EIR. Deliverables: Up to three hard copies if requested and one electronic PDF copy of the Administrative Draft EIR for City review. Task Ph2 -3.3: Draft EIR Draft EIR Preparation and Distribution. Upon Consultant's receipt of the City's review comments, the Administrative Draft EIR shall be modified and the Draft EIR prepared. Consultant shall prepare and distribute copies of the Draft EIR to the City, the OPR, and affected public agencies. The Draft EIR shall be circulated for a 45 day public review period. Deliverables: Up to 5 hard copies with appendices on CD, and one CD containing an electronic PDF copy of the Draft EIR shall be provided to the City if requested. For the State Clearinghouse submittal, 15 summary forms with the EIR on CD. Up to 15 CDs containing an electronic PDF copy of the Draft EIR for public agency distribution. Prepare/Distribute Notice of Completion/Notice of Availability. As soon as the Draft EIR is completed, a Notice of Completion (NOC) must be filed with the OPR and a Notice of Availability (NOA) must be filed with the County Clerk, and must be provided to the public, either in a newspaper of general circulation, onsite, or through direct mail to contiguous property owners. Consultant shall provide the Draft NOC/NOA to the City for their review and approval. Consultant shall distribute copies to the appropriate responsible and trustee agencies, interested parties, and to the mailing list provided by the City and shall file the NOC with the OPR and the NOA with the County Clerk. The NOC/NOA shall be circulated for a 45 day public review period. Deliverables: Up to five hard copies and one CD containing an electronic PDF copy of the NOC shall be provided to the City if requested. Up to 25 NOC/NOAs to be sent via certified mail. Note: Per the Governor's Executive Order (EO) N-54-20, the public filing, posting; notice. and public access requirements are scrspended for a period of 60 days (until at least June 22). If this EO is extended, the Project shall only be required to post materials on a public website and submit notices electronically. 12-29 Task Ph2 -3.4 Prepare Final EIR Coordinate before Preparation of Final EIR. After the 45 day circulation period on the Draft EIR, Consultant shall evaluate the written comments received and attend a meeting with the City on the approach for preparing response to comments. The approach may include a comment matrix to track similar responses, depending on the volume of comments received. After approach is decided upon, Consultant shall prepare a set of responses to comments. Response to Comments. The Final EIR shall include each comment letter received, which shall be followed by a response to each comment. Responses to comments received by the City during the public review period shall be prepared. Consultant shall provide City staff with a complete draft copy of the Response to Comments for review and shall modify the Response to Comments in response to City review and comments. The Response to Comments shall be contained within the Final EIR. Consultant shall distribute a complete and final set of Response to Comments to each public and private organization commenting on the Draft EIR. It is assumed that no more than 25 comment letters, with an average of five comments each (125 comments total), would be received and addressed. If more comments are received. additional costs would be required to address them. MMRP. Consultant shall prepare a Mitigation Monitoring and Report Plan (MMRP) as required by CEQA. Consultant will work with the technical staff and the City to develop the MMRP. Consultant shall provide a Draft Mitigation Monitoring and Reporting Plan (MMRP) at the time of submittal of the Administrative Final EIR. The MMRP shall be incorporated into the Final EIR. Administrative Final EIR. After the City's review and comment on the Response to Comments, the responses shall be finalized for inclusion in the Final EIR. Based on comments from the public review and input from the City, some changes to the wording of the Draft EIR may be needed. Any required changes shall be handled by including amended text and/or graphics within the Final EIR. It is assumed that no new field work or substantially new analyses or technical studies shall be required. Findings of Fact (FOF) and Statement of Overriding Considerations, if necessary. Consultant shall prepare Findings of Fact and if warranted, a Statement of Overriding Considerations. Deliverables: Up to three hard copies and one electronic PDF copy of the Administrative Final EIR for City review. Prepare Final EIR, Upon Consultant's receipt of the City's review comments, the Administrative Final EIR shall be modified and the Final EIR prepared. The Notice of Determination (NOD) is filed following the City Council's decision to carry out or approve the Project for which the EIR has been prepared. Consultant shall prepare the NOD and shall file the NOD with the OPR and the County Clerk, The City shall be responsible for Fish and Game filing fees, if necessary. 12-30 Deliverables: Up to three hard copies and one CD containing an electronic PDF copy of the Final EIR if requested. Up to five hard copies and one CD containing an electronic PDF copy of the NOD. Up to 20 NODs to be sent via certified mail. TASK PH2 -4: PROJECT MANAGEMENTWEETINGSIPUBLIC HEARINGS This task includes at least five Project meetings that would occur with City staff, either in person or via conference call, not inclusive of the kickoff meeting (Task 1). This task also includes all time that Consultant would spend managing our subconsultants (Vista Environmental, Fuscoe Engineering, and LLG) as well as time for updating the Project schedule as needed. Consultant has budgeted additional time and resources for up to four public meetings and/or hearings. Group shall coordinate with the City to pian and present the CEQA document at the community meetings/public hearings. It is assumed that internal staff meetings, shall take no more than two hours, and community and public meetings shall take no more than three hours each. Consultant shall attend any other additional meetings requested by the Client on a time and materials basis. ��,wroRT 04 9� E- cncrvns`�r QA/QC Corinne Lytle Bonine, PMP Project Manager Meghan Gibson Environmental Planning Eunice Bagwan - Lead Cultural 1 Resources Sandra Pentney, MA, RPA, ENV SP - Lead Biological Resources Paul Morrissey -Lead Air Quality, GHG, Noise Vista Environmental Visual Resources Fuscoe Engineering Traffic Studies Linscott Law & Greenspan Engineers Hazardous Materials Assessment Ninyo & Moore 12-31 EXHIBIT B-2 SCHEDULE OF BILLING RATES Chambers Group, Inc. Page B-1 12-32 EXHIBIT B-2 FEE SCHEDULE Amendment No. 2 Environmental Services for the West Coast Highway Widening and Pedestrian Bridge Project Task Ph1 — 1: Project Initiation Task Ph2 — 2: Project Description Task Ph2 — 3: Environmental Impact Report Documentation Task Ph2 — 4: Project ManagementlMeetingslPublic Hearings Total Not -To -Exceed Cost for Amend #2: $227,821.00 Total Not -To Exceed Cost for Entire Agreement: $389,038.00 Billing Rates tsmina Kates 12-33 "WOP1r„, '-N CHAMBERS GROUP BILLING RATES STAFF. Charges for all professional, technical, and administrative personnel directly charging time to the project will be calculated and billed on the (iasis of the following staff category hourly 'Billing Rates." Billing Rates include fringe benefits, burden, and fee. StalfTitie Rate Staff Title Rate Senior Director $225.00 Managing Environ Planner $185.00 Director/Program Manager 5200.00 Senior Environ. Planner 5154.00 Sr. Project Manager 5155.00 Project Environ Planner $138.00 Project Manager $140.00 Staff Environ. Planner $11400 Environ_ Planner 510400 Assistant Environ. Planner $93.00 Managing cultural Resources Specialist $155.00 Managing Biologist / Botanist $187.0o senior Cultural Resources specialist $134.00 senior Biologist / Botanist $149.Oo Project Cultural Resources Specialist $11$-00 Project Biologist / Botanist 5129.00 staff cultural Resources specialist $103.00 staff Biologist / Botanist $113.00 Cultural Resources Specialist 592-00 Biologist / Botanist 5103.00 Assistant Cultural Resources Specialist S73.00 Assistant Biologist / Botanist 593.00 Senior GIS Analyst S147.00 Managing Restoration Director 5133.00 Staff G6 Analyst $122 Restoration Specialist Foreman 578"� ( Foreman) GISTechnician $f07.00 Restoration Specialist $41.00 Maintenance Labor Praject Controls specialist 593.00 Project Assistant/Tech_Editor Sa2_00 Word Processor $72.00 Clerical/7edmician S52.00 12-33 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3_ Coverage Requirements. A_ Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Chambers Group, Inc. Page C-1 12-34 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: Chambers Group, Inc. Page C-2 12-35 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions_ Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. Chambers Group, Inc. Page C-3 12-36 F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Chambers Group, Inc. Page C-4 12-37 ATTACHMENT C AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING FOR FINAL DESIGN AND ENGINEERING SERVICES FOR THE SUPERIOR AVENUE OVERCROSSING AND PARKING LOT PROJECT AND WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 25th day of August, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DOKKEN ENGINEERING, a California corporation ("Consultant"), whose address is 1450 Frazee Road, Suite 100, San Diego, and is made with reference to the following: RECITALS A. On November 19, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide final design and engineering services for the Superior Avenue Overcrossing and Parking Lot ("Project"). B. On January 14, 2020, the City adopted Resolution 2020-04 authorizing and approving the submittal of a funding application ("Application") for an intersection capacity enhancement project to the Orange County Transportation Authority ("OCTA") for funding under the Comprehensive Transportation Funding Program. C. On May 11, 2020, OCTA approved the City's Application, in which the City will receive funds to conduct environmental review and design services for the West Coast Highway Widening and Pedestrian Bridge Project. D. The parties desire to enter into this Amendment No. One to reflect additional Services to include the West Coast Highway Widening and Pedestrian Bridge Project (hereinafter collectively referred to as the "Project") not included in the Agreement, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A-1 and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A-1 to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 12-38 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B-1 and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B-1 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 One Million Eight Hundred Eighty Nine Thousand Eight Hundred Ninety Dollars and 001100 ($1,889,890.00), 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 Nine Hundred Seventy Dollars and 001100 ($970,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Dokken Engineering Page 2 12-39 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 8/1 3/2ozo By:J4 ;��__-P� Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: BY: Will O'Neill Mayor CONSULTANT: Dokken California corporation Date - Bw Leilani I. Brown Richard T. Liptak City Clerk Chief Executive Officer Date: By: Bradley B. Dokken Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A-1 — Scope of Services Exhibit B-1 — Schedule of Billing Rates Engineering, a Dokken Engineering Page 3 12-40 EXHIBIT A-1 SCOPE OF SERVICES Dekken Engineering Page A-1 12-41 a4 WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE EXHIBIT AT1 SCOPE OF ►►•.� TASK PH2-1- PROJECT MANAGEMENT & CALTRANS COORDINATION Task Ph2-1.1 Project Kickoff and Project Team Meetings Dokken Engineering, referred to as "Dokken" throughout this Scope of Work, will coordinate meetings with the City, the City's consultants (Chambers Group) and key stakeholders to facilitate decision making. For each meeting, Dokken will provide meeting notices, prepare meeting materials and agenda, facilitate the meeting and prepare meeting minutes. Dokken will consult with the City's project manager prior to each meeting to review upcoming meeting items. The following meetings are anticipated for this project: Kickoff Meeting (I): At the start of the project, Dokken will organize a kickoff meeting with all key personnel, design team members and stakeholder representatives on the project. The purpose of this meeting is to review the goals and objectives of the project, discuss each team member's roles and responsibilities and identify critical project issues. PDTMeetings (11): The project development team (PDT) meeting, will be scheduled monthly to review project status and discuss items that require City decisions. Attendees are anticipated to include City staff, Dokken Project Manager, as well as consultant task leads and other stakeholders as necessary to facilitate resolutions. City Council Meetings (2): Dokken will attend and present the proposed improvements at City Council meetings. Task Ph2-1.2 Project Schedules and Administration Dokken will monitor and control the effort and progress of the proposed services as follows: 1) Set up an internal project accounting system; 2) Prepare monthly Progress Reports indicating work accomplished the previous month, anticipated work to be completed the next month, issues requiring resolution, milestones achieved, meetings held, actions taken, approval actions required, coordination issues and design schedule impacts to accompany City invoices; and 3) Prepare, monitor and adjust Critical Path Method (CPM) Schedule on a monthly basis. Task Ph2-1.3 Data Collection, Site Visits, and General Coordination Dokken will obtain and review all available documents to identify design controls and considerations necessary to support the project. These documents include, but are not limited to, aerial and street view exhibits, concept plan and renderings developed, traffic and pedestrian counts, parking lot, roadway and utility As -Built data and other available data. Task Ph2-1.4 Caltrans Local Assistance Coordination and Form Preparation Dokken, on behalf of the City, will coordinate directly with Caltrans to prepare the construction Request for Authorization (RFA) and secure the Federal Form E-76. Dokken will also prepare all required forms to include the utility and right of way certification, PS&E checklist, and support the City's environmental consultant for the preparation of the EIR/EIS and the revalidation that will be required to request the construction RFA. Throughout the design process, Dokken will coordinate with Caltrans to address any review comments and gain Caltrans and City approval. Task Ph2-1.5 Public Meetings Dokken and DMD Architects will participate in the public and stakeholder process, providing input and feedback on the bridge design and the bridge aesthetics including; architectural/aesthetic concepts and criteria, architectural details, color, textures, lighting and renderings to present the proposed bridge design elements at up to two (2) Public Outreach meetings. Dokken and DMD Architects will also attend up to two (2) Parks, Beaches and Recreation (PB&R) Meetings and prepare all necessary exhibits and PowerPoint slides for the presentation. r _ -.t- 04�E f WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE 16 c9LfyORKtN Deliveroble(sl: Up to twelve (12) Meeting Notices, Agendas, Meeting Minutes, and Presentation Materials, City Council Presentation Materials including Project Exhibits, Monthly Progress Reports and Monthly Project Schedule Updates, Team Coordination, Existing Documentation Memorandum, Site Visit Summary, Project Design Criteria Memorandum, Caltrans RFAs, Utility and Righ t of Way Certification, PS&E Checklist, Public Outreach Meetings (2), City Council Meetings (2), PB& R Meetings (2) TASK PH2-2 —15% CONCEPT DESIGN (ENVIRONMENTAL PHASE) Task Ph2-2.1 Conceptual Civil Design Dokken will develop the conceptual civil design. The preliminary West Coast Highway (WCH) concept will include adding the path from the WCH sidewalk near Hoag Hospital up to the Superior Ave Parking Lot, removal of the existing switchback walkway (5% max) at Sunset Ridge Park and will be replaced with a ramp (8.3 max) from the new Superior Overcrossing to WCH. The concept will also include revised lane configurations along WCH, removal of the sidewalk near the intersections of WCH and Superior, provide a free right turn from Superior to WCH and replace the existing Asphalt Concrete ("AC") sidewalk with a new concrete sidewalk. The existing bus stop will also be relocated. These improvements will include up to two (2) variations. Task Ph2-2.2 Conceptual Bridge and ADA Ramp Design DMD Architects (DMD) will assist the team to comply with the historic and visual character requirements of the Superior Ave and West Coast Highway pedestrian bridges under California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). DMD Architects will consult with the Environmental team to review architectural impacts to the bridges design variations and will review the technical studies for compliance with the cultural resources impacts. Renderings and other illustrations and graphics will be provided by Chambers Group to support their environmental document. Dokken and DMD Architects will review the renderings prepared by Chambers Group of the final approved concepts and prepare an Advance Planning Study (APS) for each bridge. The structure type concept alternatives will be evaluated based on the stakeholder perception of visual impacts, relative comparison of operational performance, construction and environmental impacts, maintenance requirements, and construction cost. As part of the review, DMD Architects will assess the visual context of the design that integrates the aesthetic and environmental values with bridge and architectural elements. The APS will include the proposed structural and foundation type, the length, spans, cross section, staging and profile of the bridge and up to three ramp configurations. Develop Architectural Features Dokken and DMD will advance architectural bridge design concepts for an integrated approach to the two bridge designs. The conceptual design will include up to two study models for each bridge concept. Access and connecting to and from the street networks safely and directly will be evaluated. The alternative will address key factors such as safety, connectivity, pedestrian and cyclist accommodations, view shed and sightlines, and related preliminary design elements. Architectural features for the ramp structure, bridge columns, vehicle barriers, walls and abutment structures to tie the project together in consideration with the City's existing architectural themes and will be considered. Task Ph2-2.3 Conceptual Landscape Design ADL Planning Associates (ADL) shall prepare conceptual landscape documents of the proposed and impacted landscape areas. These documents shall include a composite Landscape Concept Plan. The new overall Landscape Concept Plan shall be a colored site layout of both Phase 1 and 2 improvements with descriptions of the suggested landscape treatments and a plant palette listing recommended plant varieties that complement both the existing plants within Sunset Ridge park and adjacent landscapes. These graphic images shall serve to exhibit the proposed improvements. Task Ph2-2.4 Conceptual Cost Estimates WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE During the development of the civil, bridges and landscape concepts, Dokken will prepare construction cost estimates of these alternatives so that the City will have a better understanding of the costs and what improvements will fit within their programmed budget. Task Ph2-2.5 Preliminary Geotechnical Recommendations Earth Mechanics, Inc. (EMI) will provide preliminary geotechnical engineering recommendations for the following design elements: (1) A new single -span bridge over West Coast Highway (WCH); (2) Approximately 150 -foot long times two ADA ramp (rail on CIDH piles or retaining wall on spread footings); (3) Approximately 650 feet of slope modification (or earthwork) on east of Superior Avenue; (4) Approximately 2,900 feet of sidewalk/pavement widening along WCH (eastbound and westbound); and Details of our proposed geotechnical services for the project are presented below. Preliminary Materials Report EMI will prepare a Preliminary Materials Report (PMR) to provide pavement structural sections and alternatives, and corrosion potential of on-site soils and culvert materials requirements. The evaluation will be based on a review of available existing subsurface data and will not include field investigations, borings or laboratory testing. EMI will follow Caltrans pavement design procedure using traffic indices and pavement design lives provided by the Civil Designers. Information on existing pavement sections will be based on the Typical Section Sheets provided by the Civil Designers. Recommendations for rehabilitation of existing pavements will not be included in this report. The calculated pavement sections will be used by the Civil Designers to perform a pavement Life Cycle Cost Analysis (LCCA). Task Ph2-2.6 Identify Existing Utilities Dokken will prepare a project limits map immediately after the Notice to Proceed and request utility information from the utility owners within the project area. Dokken will prepare draft request for mapping letters to affected utility owners on City letterhead for City review and approval prior to transmitting project base maps to utility owners. Two sets of project base maps will be provided to each utility owner as an attachment to the transmittal request for the mapping letter. A copy of the utility data obtained from utility owners will be provided to the City and the original will be filed in the project files. Information on existing utilities obtained because of the request for mapping submittal will be transferred to base maps in both plan and profile view. Dokken will prepare a utility base map to integrate the information supplied by the utility owners. Information on existing utilities obtained because of this effort will be used to identify utility conflicts. Deliverable(s): Civil Design (2), Bridge APS Drawings (2), Londscope Concept (1), Conceptual Cost Estimates, One Preliminary Materials Report, Request for Mopping letters; Existing Utility Plans, Utility Bose map TASK PH2-3 - DESIGN SURVEYING & BASE MAPPING Task Ph2-3.1 — Supplemental Topographic Surveying Guida Surveying, Inc. (Guida) will support Dokken by supplementing the existing aerial photogrammetric mapping in those areas needed for the Phase 2 design and those areas that are outside the existing aerial topographic mapping provided by the City. Once the aerial topographic mapping is delivered and reviewed by Dokken, a survey request will be made to identify the areas where supplement topographic data is needed. Supplemental survey will include locating any above ground evidence of underground utilities. Guida will also identify existing right of way lines between the City and Caltrans right of way, roadway centerlines, lot lines, and survey monuments from available record data, and prepare a base map from available record data that will PO A I WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE �04 � � 7LnpR1(T' - include right of way lines and centerline of both Pacific Coast Highway and Superior Avenue. Task Ph2-3.2 Plat and Legal Descriptions Guida will also prepare four legal descriptions and plats for permanent right of way takes. These legal descriptions and plats will be developed from the land net base mapping and signed and sealed by a California Professional Land Surveyor. Task Ph2-3.3 Caltrans Appraisal Mapping Guida will prepare an appraisal map in accordance with Caltrans District 12 Right of Way Engineering standards. This mapping will be prepared for those parcels owned by the State of California or being acquired for state highway purposes. Task Ph2-3.4 Combine Parking Lot Parcels into One Parcel As shown in the exhibit below, there are 6 assessor parcels within the proposed park and parking lot area. Assessor Parcel No. Owner Name 424-041-009 City of Newport Beach 424-041-011 City of Newport Beach 424-041-012 City of Newport Beach 424-041-013 City of Newport Beach 424-042-002 City of Newport Beach 424-042-003 City of Newport Beach The City can merge the six parcels into one. To support this process, Guida will prepare a legal description and plat and/or exhibit maps. Legal descriptions and plats will be prepared to support a parcel merger of the 6 parcels shown in the table above. Deliverable(s): Aerial mapping and supplemental topo in AutoCAD; ASCII text file of the field survey point file information; The AutoCAD files to include, DTM, topography, field survey shots including ground shots and utility appurtenances and descriptors for each point in a text file format, Appraisal Mop in AutoCAD and PDF, Legal Descriptions and Plats in hard copy and PDF, Exhibit Map in hard copy and PDF. TASK PH2-4 - UTILITY COORDINATION Dokken will update the utility base map that was prepared in the prior task and will coordinate with the utility owners to confirm locations of existing utilities shown. A total of three potholes is proposed based on the utility mapping, any potential utilities relocation needed will be identified. Dokken will coordinate with each utility company and provide each utility company a copy of our 50%, 903'x, and 100% plans. During the development of our plans, we will coordinate any future utilities that will be within our project limits and coordinate these improvements into our project. Dokken will maintain on-going record keeping, meeting minutes, correspondence, schedules and status updates between the project team, the City, and each utility company. As part of this task, Dokken will prepare the Notice to Owners, utility agreements for any utility which may require adjustment or relocation. Oeliverable(s): Final Design of Relocations from Each Utility Company; Three (3) Utility Potholes 41Page WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE TASK PH2-5 —GEOTECHNICAL ENGfNEERING FOR PS&E Preliminary Foundation Report EMI will prepare a Preliminary Foundation Report (PFR) for the proposed bridge over WCH to provide preliminary geotechnical information to assist structural designers in the type selection process for the bridge. This PFR will be prepared using the available subsurface data and the format will be in accordance with the current Caltrans Guidelines. Following the AP zone map published by the California Geological Survey and Caltrans guidelines, a fault rupture investigation will not be required. Geotechnical Investigation EMI's geotechnical field investigations plan for Phase 2 is presented in Table 2. Data obtained from the borings will be used for multiple design elements. Existing slopes facing WCH located east and west of Superior Avenue are assumed to be stable against deep-seated failures. If additional data collected in the PS&E contradicts this assumption, then additional soil investigation including large -diameter bucket auger borings will need to be added to Table 2. Table 1. Proposed Soil Boring Information for Phase 2 Design Element Proposed Number of Approximate Proposed Depth (feet) Borin s/CPTs Pedestrian Bridge over WCH — Southern Abutment 1 80 ADA Ramp 1 50 Earthwork and Pavement Structural 1 20 5 5 Sections The boreholes will be excavated using a truck -mounted or track -mounted rotary -wash drill rig or hollow -stem auger rig. CPT soundings will be performed using track -mounted or truck -mounted CPT probes. Soil cuttings from the borings will be temporarily stored onsite in 55 -gallon drums, tested for contaminants, then disposed offsite. Asphalt concrete coldpatch will be used to replace asphalt that is removed by excavations, and quick -set cement will be used to replace concrete that is removed by excavations. EMI will prepare a boring location plan and this plan will be used to secure encroachment permits from Caltrans and City of Newport Beach. No permit fee was assumed in the cost estimate. EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near -surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split -spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EMI laboratory. Laboratory Testing Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticipated laboratory tests include: in-situ density and moisture content, grain size, Atterberg limits, direct shear, consolidation, UU triaxial, R -value, and soil corrosion tests. Laboratory tests will be conducted in general accordance with ASTM standards or California Test methods. Geotechnical Engineering Analyses Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design. The following analyses will be performed for Phase 2: • Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria, and E WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE asrsns�.'. recommendation of ARS curves for bridge structural design. • Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. • Foundation analysis for bridge and ADA ramp. • Assessment of global slope stability for slope modification. • Evaluation of soil corrosivity conditions and recommendations for mitigation measures. • Design of pavement structural section in accordance with the Caltrans method. Report Preparation In addition to the Preliminary Foundation Report (PFR) for bridge type selection, EMI will prepare a Foundation Report, a Geotechnical Design Report, and a Materials Report, The Foundation Report will be prepared in accordance with the current Caltrans Guidelines to provide geotechnical design and construction recommendations for the bridge foundations. The Geotechnical Design Report (GDR) will be prepared in accordance with the current Caltrans guidelines to provide design and construction recommendations for slope modification and earthwork. The Materials Report for the pavement structural sections will be prepared in accordance with Caltrans Highway Design Manual Topic 114 dated March 2020..EMI will address any comments resulting from Caltrans review and prepare a Final Foundation Report, Final Geotechnical Design Report, and Final Materials Report Deliveroble(s): One Preliminary Foundation Report, One Foundation Report, One Geotechnical Design Report, and Materials Report TASK PH2-6-- DRAINAGE REPORT A Drainage Report will be prepared to document the hydrology and hydraulic analysis based on Caltrans and City criteria and will provide a detailed discussion of the existing conditions, post -project drainage patterns and conditions, results of the on-site hydraulic analyses and any issues of special concern or significance. The City will provide or agree to assumed boundary conditions utilized in the hydraulic analysis for connections to existing drainage systems. A draft report will be prepared and submitted to the City of Newport Beach and Caltrans for review with the 50% PS&E milestone submittal. Comments will be addressed, and the final document will be submitted for approval with the Final PS&E milestone submittal. Deliverable(s): Draft and Final Drainage Report TASK PH2-7 - STORM WATER QUALITY REPORTS Task Ph2-7.1 WATER QUALITY MANAGEMENT PLAN (WQMP) Dokken will prepare a Water Quality Management Plan (WQMP) in accordance with the City of Newport Beach MS4 requirements, Orange County water quality guidance, and Caltrans. The WQMP is anticipated to include the following features: • A description of the project and the major engineering features • A description of the feasible Site Design practices and justification of measures considered infeasible or not applicable to the project • A description of the feasible Low Impact Development (LID) BMPs and justification of measures considered infeasible or not applicable to the project • A description of the feasible Biotreatment and/or Treatment Control BMPs and justification of measures considered infeasible or not applicable to the project, as well as supporting calculations. • A description of the feasible Source Control Measures and justification of measures considered infeasible or not applicable to the project • A design capture volume worksheet for each drainage area • A Site Plan showing all BMPs, impervious and pervious areas, drainage improvements, and discharge points 6 1�. :7L .04 ?� , WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE • An operation and maintenance program and identification of maintenance responsibility • Infiltration feasibility documentation It is assumed that hydromodification control is not required for this project since all downstream conveyances are engineered, hardened, and regularly maintained. A draft WQMP will be prepared and submitted to the City of Newport Beach for review with the 50% PS&E milestone submittal. Comments will be addressed, and the final document will be submitted for approval with the Final PS&E milestone submittal. Deliverable(s): Draft and Final Storm Wafer Quality Management Plan Task Ph2-7.2 STORM WATER DATA REPORT For the portion of the project that is within Caltrans right-of-way, compliance with Caltrans Statewide National Pollutant Discharge Elimination System (NPDES) Permit (Order 2012-0011-DWQ) will be documented in the Storm Water Data Report (SWDR). Dokken Engineering will develop a long -form PS&E-level SWDR in accordance with the latest Caltrans Project Planning and Design Guide. The document will include: • A description of the project and the major engineering features • An estimate of the Total Disturbed Soil Area (DSA), New Impervious Surface (NIS) Area, and Post Construction Treatment Area (PCTA) • A determination of Risk Level and requirement for Treatment BMPs • A discussion of the stormwater quality issues specific to this project • A description of the design pollution prevention BMPs • A description of the maintenance and construction site BMPs • SWDR Summary Spreadsheet • Maps and exhibits This scope assumes that a Rapid Stability Assessment and permanent treatment BMPs are not required for this project. Dokken Engineering will work with the Caltrans District Storm Water Coordinator to circulate the draft document through the Maintenance, Landscape, Construction, and Storm Water units during review of the 50% plans/specifications. All comments will be addressed and the report will be finalized with the Final PS&E milestone submittal. Deliveroblefs): Draft and Final Storm Water Data Report TASK PH2-8 - CIVIL DESIGN Task Ph2-8.1 Preparation of Permit Engineering Evaluation Report (PEER) Dokken will prepare the PEER and coordinate the approval of the document with Caltrans. The PEER will include engineering analysis of the proposed improvements so as to determine drainage, maintenance, operational and environmental impacts. Per guidance in Appendix I, of the Project Development Procedures Manual (PDPM), the Consultant shall develop a PEER to obtain an encroachment permit for construction. Task Ph2-8.2 50% Civil Plans and Estimate Based on the approved concept, Dokken will prepare the 50% Civil submittal to include an estimate of the following sheets pending concept approval: • Title Sheet (1) • Utility Plans (2) • General Notes, Legend Key, Map (1) • Sign Plan and Details (2) • Survey Control (1) • Pavement Delineation Plan (2) • Typical Sections (1) • Electrical Plan and Details (3) • Plan Sheets (4) • Construction Area Signs (1) ' WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE �. 04 � � ,o,. v ...•.c�LrnoBK�r - F ' • Contour Grading Sheets (1) • Traffic Handling Plan (6) • Construction Details (2) • Summary of Quantities (1) • Drainage/Plans/Profiles Details (4) • Retaining Wall Plans and Details (1) • Temporary Water Pollution Control (2) • Demolition Sheets (2) • Erosion Control Plans (2) Total = 39 Sheets Dokken shall compile and prepare the Cost Estimate based on all biddable construction items identified throughout the design package and consistent with the City's "Boiler Plate". The estimated quantities shall include, but not be limited to, itemizing all removals, relocations, water pollution control, any required mitigation work, earthwork, subgrade preparation, aggregate base, asphalt concrete (AC) paving, survey monument, painting of pavement legends and signs, traffic control, raised pavement markers, project signs, miscellaneous metal, piling, etc. The estimated quantities shall be arranged consistent with Caltrans' estimating procedures and shall contain all the information needed to prepare the Engineer's Estimate of costs. Contingencies shall be included at the appropriate percentage. Task Ph2-8.3 90% Civil Plans, Specifications, & Estimate Once Dokken receives comments from the City and stakeholder agencies, we will prepare and submit responses to comments to the City. All City and outside agency comments will be tabulated in a Review Comment Matrix and responses provided. Dokken will revise the pians based on comments received from the City. Quantity calculations and independently developed quantity -check calculations will be developed from the checked plans. After quantity calculations are complete, Dokken will prepare in Microsoft Excel an itemized construction cost estimate based upon checked plans and quantity calculations. Dokken will prepare Special Provisions for the project in a format consistent with the standard specifications for Public Works Construction ("Greenbook") and the 2018 Caltrans Standard Specifications and 2018 Standard Plans. Technical Specifications will be developed based on the plan set and cost estimate, completing the 90% PS&E for submittal to the City. Task Ph2-8.4 100% Civil Plans, Specifications, & Estimate Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with the City to discuss review comments and resolve any outstanding comments. Task Ph2-8.5 Final Civil Plans, Specifications, & Estimate Upon receipt of comments on the 100% submittal package, Dokken will update the plans, specifications and estimate and prepare the PS&E for Submittal to Caltrans for the encroachment permit. Defiverable(s): PEER, 50%, 90%, 100%, Final Civil Plans (PDF, Five half-size, Two full-size and one set of signed Mylars), Specifications (PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review Comment/Response Matrix Task PH2-9— BRIDGE DESIGN Task Ph2-9.1 Type Selection Report and Meeting After the horizontal and vertical alignment are set, and prior to beginning final structures design work, a structure General Plan will be developed for the proposed bridge. The type selection will be documented in a concise Type Selection Report, generally following the format described in Caltrans Memos to Designers 1-29. The report will include discussion of bridge layout, constraints, alternative types considered, foundations, clearances, utilities, seismic considerations, constructability, aesthetics and cost. The report will document the preferred structure type. 1X_ - 9LE3 0. WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE Once approved by the City, the Type Selection Report and General Plans will be submitted to Caltrans Office of Special Funded Projects (OSFP) in accordance with the requirements outlined in the OSFP Information and Procedures Guide Section 4-2. After submission of the Type Selection Report to Caltrans OSFP, Dokken will schedule and prepare for a Type Selection Meeting at Caltrans headquarters. Dokken will present a summary of the Type Selection Report to gain approval of the recommended structure types from Caltrans. Deliveroble(s): Draft and Final Type Selection Report, Structures General Plan, Type Selection Meering Task Ph2-9.2 50% Bridge Pians and Estimate (Caltrans Unchecked Details) The plans developed in Type Selection will be used as a baseline to develop the 50% submittal. Prior to developing the 50% plans, Dokken will meet with the City to provide an overview of the bridge design and the architectural treatment details. Any revisions will be updated and prepared with the 50% plan submittal. Plans will be prepared in AutoCAD Civil 3D, however, to comply with Caltrans requirements, the bridge plans will be required to follow Caltrans detailing standards, borders and fonts. Following selection of the structure alignment and type, and approval of the General Plan, structure plans and structural design calculations will be prepared for the preferred alternative. All plans and calculations will conform to Caltrans' requirements, including AASHTO LRFD Bridge Design Specifications with Caltrans Amendments, AASHTO LRFD Guide Specifications for Design of Pedestrian Bridges, Caltrans Highway Design Manual, Caltrans' Memos to Designers, Bridge Design Aids Manual, Bridge Design Details Manual and Caltrans Seismic Design Criteria. In close coordination with the City, Dokken will assemble the calculations, plans, bid item list and estimate of construction cost into the 50% submittal package. The 50% bridge submittal will include the following: • General Plan (1) • General Notes (1) • Deck Contours (1) • Foundation Plan (1) • Abutment Layouts (2) • Abutment Details (2) • Bent Details (3) • Typical Sections (1) • Superstructure Details (2) • Architectural Details (2) • Railing Details (1) • Miscellaneous Details (1) • Ramp Layout (2) • Ramp Details (3) • Log of Test Borings (LOTS) (2) Total = 25 Sheets Once approved by the City, the 50% Bridge PS&E, referred to by Caltrans as the 'Unchecked Details Submittal' will be submitted to Caltrans OSFP in accordance with the requirements outlined in the OSFP Information and Procedures Guide Section 4-3. Task Ph2-9.3 90% Bridge Plans, Specifications, & Estimate (Caltrans Initial P5&E) Once Dokken receives comments from the City, Caltrans and stakeholder agencies, we will prepare and submit responses to comments to the City and Caltrans. All City, Caltrans and outside agency comments will be tabulated in a Review Comment Matrix and responses provided. WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE An independent bridge design check will be performed for the structure. Checking will include the preparation of an independent set of structural design check -calculations in conformance with Caltrans' policy. Upon completion of the independent design check, the designer and checker will compare their results and resolve any differences. Next, the structure plans will be revised as directed by the designer. Both the designer and checker will review the revised plan set and, if satisfactory, this will become the "checked plans" set. Quantity calculations and independently developed quantity -check calculations will be prepared from the checked plans. After quantity calculations are complete, Dokken will prepare in Microsoft Excel an itemized construction cost estimate based upon checked plans and quantity calculations. Dokken will prepare Special Provisions for the project in a format consistent with the 2018 Caltrans Standard Specifications and 2018 Standard Plans. Technical Specifications will be developed based on the plan set and cost estimate, completing the 90% PS&E for submittal to the City. Once approved by the City, the 9S% Structure Plans and all supporting reports and calculations, referred to by Caltrans as the 'Initial PS&E Submittal' will be submitted to Caltrans OSFP in accordance with the requirements outlined in the OSFP Information and Procedures Guide Section 4-4. Task Ph2-9.4 100% Bridge Plans, Specifications, & Estimate (Caltrans Final PS&E) Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with the City to discuss review comments and resolve any outstanding conflicting comments. Dokken will prepare and submit responses to the City. All City, Caltrans and outside agency comments will be tabulated in a Review Comment Matrix and responses provided. Dokken will revise the bridge PS&E package as necessary to address all comments and submit the 100% bridge PS&E- Once approved by the City, the 100% Structure Plans and all supporting reports and calculations, referred to by Caltrans as the 'Final PS&E Submittal' will be submitted to Caltrans OSFP in accordance with the requirements outlined in the OSFP Information and Caltrans Procedures Guide Section 4-4. Dokken will attain final approval from Caltrans in the form of the Caltrans OSFP Liaison's signature on the title block. Deliveroble(s): Structure Concept Approval, Type Selection Report and Meeting, sketches of proposed aesthetic elements, project renderings, 50%, 90%, and 100% Plans (PDF, Five half-size, Two full-size and one set of signed Mylors), Specifications (PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review Comment/Response Matrix TASK PH2-10 - LANDSCAPE DESIGN Task Ph2-10.1 Landscape and Irrigation 50%, 90%, 100% PS&E Upon approval of required environmental permits associated with the Phase 2 improvements, ADL shall merge the 15% phase 2 elements with the previously prepared 30% Phase 1 documents and create a 50% complete set of landscape construction documents, representing the entire project. Consistent with the approved Phase 1 Service Agreement, subsequent refinements and submittals at 90% and 100% completion shall be completed- Deliverable(s): 50%, 90%, and 100% Plans (PDF, Five half-size, Two full-size and one set of signed Mylars), Specifications (POF,Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review Comment/Response Matrix o4 , IIP-�� WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE F C4.froRlla' !' TASK PH2-11 —RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES Task Ph2-11.1 Project Tracking Table Dokken will maintain the project tracking table and ensure that it is sent to the City on the regularly requested schedule. As a component of effective project management and to keep the project on schedule and the City current with acquisition data, a project tracking table will be created. This table will outline milestones and supply completion dates, comments, and any additional information the City may request. Deliverable(s): Project Tracking Table Task Ph2-11.2 Order Title Reports/Title Research Dokken Engineering will obtain title reports for the 4 affected parcels. The Dokken Engineering right of way team will perform all necessary research for each parcel being acquired. Agents may resolve or oversee resolution of problems relating to unusual circumstances with regard to title or ownership and uncover any flaws, noting any exceptions pertaining to property such as mortgage liens, restrictions, easements, and rights of way. In addition, Dokken Engineering will work with the survey team to assist in the lot line adjustments for the City parcels. Deliverable(s): Preliminary Title Reports. Task Ph2-11.3 Appraisal Process Appraisals will be completed for affected parcels by licensed General Real Estate Appraisers, Notice of intent to appraise letters along with acquisition policy brochures will be provided to all impacted property owners. Appraisals will be arranged so that the property owner may accompany the appraiser during the inspection of the property. This allows the property owner the opportunity to provide additional information to the appraiser. All appraisals will be prepared by an appraiser licensed with the State of California and will comply with all laws applicable to the specific appraisal and the Uniform Standards of Professional Appraisal Practice 44 CFR 24.2(a)(3). Appraisals will include a summary and a complete analysis for all valuation conclusions. Documentation obtained during the inspection, such as pictures, will be included in each report. Title information pertaining to ownership, drawings, and information relative to the parcel will be reviewed by the appraiser. Deliverable(s): Appraisal Reports Task Ph2-11.4 Appraisal Review Reports Appraisal Reviews will be completed by a Certified General Real Estate Appraiser. Upon acceptance and approval of the property appraisals, an independent appraisal review will be completed by Dokken Engineering's subconsultant. The review includes inspecting sales to determine comparability, reviewing appraisal for conformance to Uniform Standards of Professional Appraisal Practice, reviewing "highest and best use" conclusions, examining valuation methods, analyzing exhibits, checking mathematical calculations, and preparing a narrative report that describes the review process and sets forth the reasoning behind the review. An appraisal review is recommended to ensure that the appraisal is based on sound appraisal theory, contains appropriate documentation to support the appraisers' conclusions and complies with regulatory codes. A recommendation of just compensation is then made based on the reviewed, collected, assembled, correlated, and analyzed data. Deliverable(s): Appraisal Review Reports 11�Page Task Ph2-11.5 Appraisal Summary Statement WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE Dokken Engineering will complete a Summary Statement relating to the Purchase of Real Property or an Interest Therein (Caltrans Exhibit 8 -EX -16) for each property. This document will be delivered to property owners with the offer package during the initial meeting. Deliverable(s): Summary Statement Relating to the Purchase of Real Property or an Interest Therein (Caltrans Exhibit 8 -EX - 16) Task P112-11.6 Negotiations Acquisitions will be required from 4 parcels (2 City owned parcels, a property owned by Hoag Hospital and a parcel owned by Newport Banning Ranch) that will be transferred to Caltrans at the end of the construction. Each parcel may have its own concerns that will need to be negotiated, therefore the fee estimate is based upon negotiations associated with 2 private properties and coordination with Caltrans on terms of the 2 City parcels to be transferred. All "Good Faith Negotiations" will be completed by Dokken Engineering's Right of Way Team. After completion of the appraisal process and just compensation determination, Dokken Engineering will prepare the offer package and meet with all owners in person to present and explain the offer package details. The offer package will include the offer letter, written summary of just compensation with supporting appraisal information, property owner exhibit showing property map with right of way take locations, Title V1 information, "Your Property — Your Transportation Project" booklet. Dokken Engineering will negotiate with the property owner to arrive at a mutually agreeable settlement and prepare necessary purchase agreements such as Grant Deeds, Easement Deeds, and Temporary Construction Easement Deeds. Dokken Engineering will obtain receipt of delivery of offer and/or present and secure tenant information statements, as applicable, during the initial meeting. Dokken Engineering will work closely with the City to aid in the recommendation of the appropriate course of action regarding the various acquisitions with property owners requesting additional compensation and/or services beyond the initial offer package. Recommended settlement packages with justifications and impasse letters will be provided to the City for review. Working with the property owners to agreeable terms will be Dokken Engineering's focus. There may be situations where condemnation is unavoidable, such as clouds in the title. In the event the City will need to attain property through the condemnation process, Dokken Engineering will assist in the preparation of all necessary condemnation reports, letters, and packages. Additionally, Dokken Engineering will attend, at the request of the City, any Public Community Meetings regarding the project. Dokken Engineering's Right of Way Agents hold California Real Estate Salesperson's Licenses and are working under the direct supervision of a California Real Estate Licensed Broker. Deliverable(s). Right of Way Agreements, Grant and Easement Deeds, Administrative Settlements, Diaries, Written Summary Acquisitions, Impasse Letters Task Ph2-11.7 Escrow Coordination Upon reaching an agreement on the terms and conditions of the acquisition with the property owner, Dokken will be available to assist the City in opening escrow. Dokken will supply fully executed agreements along with other supporting information to escrow in order to close each transaction. Dokken will work closely with the City to assist in the timely closing of all transactions. For the convenience of the property owner, Dokken's right of way team has a California Notary who will be available to notarize any documentation that is required. Fully executed deeds and easements will be delivered to the City for acceptance prior to recording. In the event escrow services are not required, Dokken is available to perform these services and record the required documentation. As the right of way will be transferred to Caltrans all encumbrances will be removed to meet Caltrans requirements for title conditions for transfers of right of way. WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE Deliveroble(s)., Escrow Documents and Closing Statements Task Ph2-11.8 Project Close Out The original acquisition file for each affected parcel will be provided to the City upon completion of the project. Each acquisition file will contain property information, diary report, written correspondence, just compensation documentation, appraisal(s), offer package, negotiations, title documentation, copies of recorded documents, and all applicable documentation. Deliveroble(s): Original Acquisition Files TASK PH2-12 — BIDDING AND CONSTRUCTION SUPPORT Task Ph2-12.1 Advertising/Bidding Support Dokken shall include all tasks necessary during the advertising/bidding phase of the project, including, but not limited to: a) Copies of Drawings and Contracts Documents — The City will have copies of the design drawings and Contract Specifications reproduced for advertising purposes. b) Pre-bid Meeting— Dokken shall attend the pre-bid meeting. c) Questions and Addenda During Advertising — Dokken shall answer questions regarding the Technical Provisions, the design drawings, or conflicts in the design during the bidding process and pre -construction meeting. Dokken shall assist the City, at no charge, in preparation of Addenda regarding omissions or conflicts in the design. Deliverable(s): Copies of Drawings and Contract Documents; Pre-bid Meeting; Clarification of Documents and Preparation of Addenda Task Ph2-12.2 Construction Support Dokken shall during the construction phase of the project: a) Meetings— Dokken shall attend the pre -construction meeting and informational meetings with stakeholders. b) Questions during Construction and Requests for Information (RFIs) — Dokken shall answer questions regarding the Technical Provisions, the design drawings or conflicts in the design during construction, and assist the City in issuing Change Orders (COs) regarding omissions or conflicts in the design, at no charge to the City. Dokken shall provide responses to RFIs, as requested by the City. c) Contractor Submittals — Dokken shall review Contractor submittals, including shop drawings, as requested by the City. d) Plan Revisions — Dokken shall prepare plan revisions requested by the City, to accompany change orders, etc. e) Record Drawings — Dokken shall incorporate all redline comments prepared by the Contractor and Project Inspector on the signed design Plans. The Record Drawings shall be provided to the City and approved prior to the release of the final progress payment. Dokken shall also provide electronic Record Drawings in AutoCAD format and Specifications in Microsoft Word to the City. Deliveroble(s): Meetings; Clarification of Documenis and Responding to RFI; Review Contractor Submittals, Plan Revisions, Record Drawings EXHIBIT B-1 SCHEDULE OF BILLING RATES Dokken Engineering Page B-1 12-55 o4�pp� WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE a a U' -- Ct�Rn,A EXHIBIT B-1 FEE SCHEDULE- AMENDMENT #1- $970,000 NAME DOKKEN ENGINEERING CATEGORY RATE (PER HOUR) John Klemunes, PE, ENV SP Project Manager $278.49 Mark Tarrall, PE Civil PE $234.52 Rob Burns, PE, SE Structures PE $199.34 Pamela Dalcin-Wallin , PE, QSD/P Hydrology/Hydraulics/Water Qualit $211.07 Michael Greer, PE, TE Electrical $184.68 Tim Osterkam , PE Caltrans Liaison $234.52 Senior Engineer $196.41 Associate Engineer 2 $152.44 Associate Engineer 1 $134.85 Assistant Engineer 2 $114.33 Assistant Engineer 1 $96.74 Senior CADD $172.96 CADD $117.26 GUIDA SURVEYING, CATEGORY INC. RATE (PER HOUR) Task Lead $175.00 2 Man Survey Crew $275.00 Survey Analyst $135.00 Project Surveyor $150.00 ADL PLANNING CATEGORY ASSOCIATES RATE (PER HOUR) Principal $175.00 Landscape Lead $140.00 Designer/Planner $95.00 Assistant $75.00 NAME MACDONALD CATEGORY RATE (PER HOUR) Donald MacDonald Principal Architect $280.00 Steve Line PM/Senior Architect $244.47 Eric Birkhauser Senior Designer $122.05 Visualization & CADD Tech $116.23 Clerical $84.00 x WEST COAST HIGHWAY WIDENING AND PEDESTRIAN BRIDGE EARTH MECHANICS, INC. CATEGORY RATE (PER HOUR) Principal Engineer $270.42 Task Lead $146.93 Project Geologist $139.12 Senior Technician $125.05 Staff Engineer $100.82 Dokken will complete the scope of work for Amendment No. 1 as depicted in Exhibit A-1 shall be completed for a not -to -exceed amount of $970.000.00. ][� 1S�Pag 1❑` *J4A r Superior Avenue Concrete Arch Pedestrian Bridge — View from West Coast Highway 12-59