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HomeMy WebLinkAboutC-5128 - PSA for Park Avenue of Grand Canal Bridge Replacement Projectt AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. (FKA RBF CONSULTING) FOR PARK AVENUE OVER GRAND CANAL BRIDGE REPLACEMENT PROJECT THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 1st day of February, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MICHAEL BAKER INTERNATIONAL, INC. (FKA RBF CONSULTING), a Pennsylvania corporation ("Consultant'), whose address is 14725 Alton Parkway, Irvine, CA 92618, and is made with reference to the following: RECITALS A. On May 21, 2012, City and RBF Consulting, a California corporation entered into a Professional Services Agreement ("Agreement') for preliminary design services for the Park Avenue over Grand Canal Bridge Replacement project ("Project'). B. On October 9, 2013, City and RBF Consulting entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, extend the term of the Agreement, to update insurance requirements and to increase the total compensation. C. On or about July 1, 2015, RBF Consulting merged with and became MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation. Section 15 of the Agreement requires City to approve, in writing, such merger. D. The parties desire to enter into this Amendment No. Two for City to approve retroactive to the merger date, in writing, the merger, to extend the term of the Agreement, and to update Insurance Requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2017, unless terminated earlier as set forth herein." 2. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Pursuant to Section 15 of the Agreement, City hereby approves of the merger into MICHAEL BAKER INTERNATIONAL, INC. 3. CONSULTANT'S NAME Consultant shall henceforth be known and referred to as "MICHAEL BAKER INTERNATIONAL, INC.", pursuant to the State of California Certificate of Merger, certified by the California Secretary of State on July 7, 2015, attached hereto and incorporated herein as Exhibit D. 4. INSURANCE REQUIREMENTS Exhibit C to the Agreement is amended in its entirety and replaced with Exhibit C-1, attached hereto and incorporated herein by reference. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Michael Baker International, Inc. (FKA RBF Consulting) Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: 110-7116 Date: 31--? 11�, By: By: Aaron C. Harpies Dave City Attorney City Manager ATTEST: CONSULTANT: Michael Baker Date: International, Inc. (FKA RBF Consulting), a Pennsylvania corporation Date: r f By: 4Le,In,I. Brown City Clerk By: Signed in Co _art(�rpart S. Robert Kallenbaugh Chief Executive Officer Date: By: Signed in Counterpart Michael Rudinica Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit C-1— Insurance Requirements Exhibit D — Certificate of Merger Michael Baker International, Inc. (FKA RBF Consulting) Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: /? %16 By: Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: Dave Kiff City Manager CONSULTANT: Michael Baker International, Inc. (FKA RBF Consulting), a Pennsylvania corporation Date: �?,Oti/2o► i, By: By; Leilani I. Brown S. RebeFt KalleRba StE-VrrN II. UUAIC�c City Clerk Ghhef F=xe „ ^ffic�E); Date: 2. 11(a I 1 b By: A&& -,V -Mjeh-ael44Kl+ iGa- A^A K c.AePoS Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit C-1- Insurance Requirements Exhibit D - Certificate of Merger Michael Baker International, Inc, (FKA RBF Consulting) Page 3 EXHIBIT C-1 INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Michael Baker International, Inc. (FKA RBF Consulting) Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Michael Baker International, Inc. (FKA RBF Consulting) Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Michael Baker International, Inc. (FKA RBF Consulting) Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Michael Baker International, Inc. (FKA RBF Consulting) Page C-4 CERTIFICATE OF MERGER Michael Baker International, Inc. (FKA RBF Consulting) Page D-1 OEE SER,: State of California Secretary of State Certificate of Merger (CaMornia CorporSKm Code sec4ons i T19(g), §203(g},6019.1186tQ.1, 96411, 12540.1, 15911.1-0, 169151D)aM 1T110.1d) - :TidStipaea For FTNq Use only ' IMPORTANT—Reac(all InstrucUDns heterecoinpl®Ungthls form. t. 114AE OFSURNVSIO EN[ITY - L TYPE OF ENTRY D. CASECRVIARYOFSTATS FILE NUMBER A. Apusomm Michael eater LdeTrsUond, Inc Corp awn 1003244 Pe wwlta S, NAME OF O%Nn@AR1NO Etaftt 6- TYPEOFE?nnY 1, CASURSTARYOF STATE FSE Nt11{OFR a. JLRSM-nON REW ° P° �° C0423965 B. THEPPoNCMTERMSCFTHFAGREatENTOPMERMV1MEAPMMPOYAYOIEOPMENLWMOFMIFIESMORSRArESWEACIa=TKAT. 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APPRmvED BYSECRETRW OFSTATE I Addendum to California Certifieate of Merger RBF Consulting, a California corporation and Tho LPA Group, LLC, a South Carolipa limited liability company with and into Wchael Baker Iotenaational; lne , a Peunsylvenia corporation Additional inturmation Additional Party to the Mercer: NAME OF DiSAP R N T'YPB OPEN= CASECRETARYOPSTATEFILE9 JURISDICTION ENTITY WA ' Limited Uabilily South Carolina I fie LPA Ora LLC Co THE PRINCIPAL TERMS OF THE AGREEMENT OF MERGER WERE APPROVBD BY A VOTE OF TILE NUMBER OF MTERESTS OK SHARES OF EACH PLASS THAT EQUALED OR EXCEEDED THE VOTE REQUIRED, DISAPPEAR,r*r6 EITI'fI'ir ' The LPA Oroup, LLC CLASS AND NUMBER AND Eog2j CiF Y= MIQMD_ , 1,000 shares of common stock 30.1% The Agreement of Merger was approved by tho unanimous vote of all of the issued and outstanding states of capital stock of The LPA Orcup, LLC I CI RTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORBOOING IS TRUE AND CORRECT OF MY OWN KNOWLEDOE. I DECLARE I AM TBE PERSON WO EXECUTED THIS INSTRUMENT, WHICH EXECUTION IS MY ACT AND DEEM. THE LPA GROUP, LLC (Disappearing Entity) BYv—i. Name: K Yamos McKni� Title: Executive Vice PresideK Chef Legal Officer & corporate secretary Daft i s l r. aA, v+w anaoarect mvy a ais atguw rec«a h eie aueoatatne . Jul 0 7 2015 1 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PARK AVENUE OF GRAND CANAL BRIDGE REPLACEMENT PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 9th day of October, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RBF CONSULTING, a California corporation ("Consultant'), whose address is 14725 Alton Parkway, Irvine, California 92618, and is made with reference to the following: RECITALS A. On May 21, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement') for preliminary design services for the Park Avenue over Grand Canal Bridge Replacement project ("Project'). B. City desires to enter into this Amendment No. One to extend the term of the Agreement, reflect additional Services not included in the Agreement, to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is a mended in its entirety and replaced with the following: "The term of this Agreement shall commence on the May 21, 2012, and shall terminate on December 31, 2015, unless terminated earlier as set forth herein." Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work'). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work'). Exhibit B of the Agreement and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B". Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section, Exhibit A of this Amendment No. One, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Eighty Six Thousand One Hundred Dollars and 001100 ($886,100.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seven Hundred Sixty Six Thousand Six Hundred Dollars and 00/100 ($766,600.00). 4. INSURANCE Section 14 of the Agreement is amended in its entirety and replaced with the following: 'Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RBF CONSULTING Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY A�TT9P44EY'S OFFICE e1 Date: I i I I`>) is moron C. Harp City Attorney ATTEST: Date: Aa By: , OW7 Leilani .Brown City Clerk U C �ORN1A CITY OF NEWPORT BEACH, a California municipal corporation Date: i0- 2q. 13 By: Keith D. Curry Mayor CONSULTANT: RBF CONSULTING, a California corporation Date: /0-1?• foi3 By:��c� adley R. Mielke Senior Vice President Date: /0•/916 By: za'v& e-m—OW.L .j'AmBS ML Donald Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RBF CONSULTING Page 3 1"Mii= RBF CONSULTING Page A-1 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project PARK AVENUE OVER GRAND CANAL BRIDGE REPLACEMENT PROJECT ENVIRONMENTAL & FINAL DESIGN SERVICES SCOPE OF WORK The Scope of Work provided by RBF Consulting (Consultant) is based upon a City of Newport Beach (City) request for proposal for Environmental and Final Design Services related to the Park Avenue Grand Canal Bridge Replacement Project (Contract No. 5128). The scope of work involves environmental services for preparation and approval of the following: • Environmental Technical Studies • Environmental Document • Regulatory Permits • Coastal Development Permits • Final Design Plans, Specifications & Estimate (PS&E) The documents will be prepared for the build alternative (1 alternative), as identified by the City, for the replacement of Park Avenue Bridge over Grand Canal in the City of Newport Beach. The project will be funded by federal HEIR funds and subject to the provisions of the Caltrans Local Assistance Procedure Manual. This scope of work assumes a 24 -month project delivery schedule. TASK 1 — PROJECT MANAGEMENT This task covers project management services including the requirements for meetings, schedules, progress reports, and administration of Consultant's work. 1.1 PROJECT MANAGEMENT Following are administrative duties, which shall be performed by Consultant during the Preliminary Engineering phase: • Supervise subcontractors and staff, coordinate, and provide Quality Control so that work is conformance with City and Caltrans standards and policies; and • Prepare, circulate, and file correspondence and memoranda as appropriate. Deliverables: Management/Administration Support 1.2 PROJECT MEETINGS Consultant shall attend project meetings including the designated City staff members. Appropriate Consultant staff members will attend the meetings to discuss the project objectives, goals, and report on progress of the project. The following meetings are anticipated and included in the Scope of Work: • Environmental phase initiation meeting to discuss the project requirements • Fifteen (15) project meetings with City staff, Caltrans, and others as appropriate. • Two (2) Public Hearings during preparation of the Environmental Document September 19, 2013 Page 1 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project where Consultant staff will serve as the technical advisors to present information and address questions related to the architectural, engineering and environmental aspects of the project. Four (4) meetings for the processing of the regulatory permit application and coastal development application. Consultant will arrange meetings, provide discussion materials and agendas and develop and distribute meeting notes. in addition, Consultant shall prepare an action item matrix, document all project decisions and distribute correspondence copies to all project team members and City staff as appropriate, Should the City determine that additional meetings beyond those assumed in this scope of work are necessary, those services will be provided under a separate scope of work and contract modification. TASK 2 — ENVIRONMENTAL DOCUMENT Consultant understands that the City has obtained Federal funding for the project through FHWA(Caltrans Highway Bridge Replacement and Rehabilitation Program (HBRRP). Thus, the proposed project will require a diligent environmental review under both NEPA and CEQA to allow for project approval. Based on available project information, Caltrans District 12 will be the lead agency for the NEPA action because of the City's receipt of federal funding. The City of Newport Beach will be the lead agency under the California Environmental Quality Act (CEQA). A detailed environmental work program for the proposed project is provided below. 2.1 TECHNICAL. STUDIES 2.1a Air Quality Report Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively evaluated using CaIEEMod. As the project is a roadway widening project and would not generate operational trips, the operational emissions analysis will be qualitative. Where necessary, carbon monoxide hotspots will be evaluated. Consultant will also qualitatively discuss naturally occurring asbestos impacts. The project is exempt from all conformity analysis requirements as it is a listed project type under the "Table 2" exemption list in 40 CFR 93.126. Therefore, consultation with the Transportation Conformity Working Group is not required. Consultant will also prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct and indirect sources. The emissions inventory will be compiled consistent with the methodology prescribed by CARE in the Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories, September 19, 2413 Page 2 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2. fk Noise Technical Memorandum Consultant will review applicable noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts will be discussed for land uses adjacent to the proposed project. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Le.) and the frequency of occurrence. Vibration impacts will also be assessed for adjacent sensitive uses. A screening level operational noise assessment will be conducted to determine the change in ambient noise due to implementation of the proposed roadway widening. However, per the Caltrans Standard Environmental Reference (SER), a formal Noise Study Report is not required. Compliance with applicable noise standards will be evaluated, with recommended mitigation measures included where appropriate. 2.1c Phase I Initial Site Assessment Consultant will prepare a Phase I Initial Site Assessment (ISA) for the proposed project. The ISA will be prepared in accordance with the American Society for Testing and Materials (ASTM) Standard Practice E 1527-05 and the Caltrans SER. It is acknowledged in this Scope of Work that one (1) build alternative will be considered and it is assumed that no permanent right-of-way acquisition is required as part of the proposed project. The Phase I ISA will include the following primary components. Site Visit. Consultant will perform a site visit, which will consist of a visual examination of the project site for visual evidence of potential environmental concerns, including existing or potential soil and groundwater contamination as evidenced by soil or pavement staining or discoloration; stressed vegetation; indications of waste dumping or burial, pits; ponds; or lagoons; containers of hazardous substances or petroleum products; electrical and hydraulic equipment that may contain PCBs, such as electrical transformers and hydraulic lifts; and underground and aboveground storage tanks. Consultant will examine the physical characteristics of the property (Le., apparent runoff directions, location of paved areas, etc.). It should be noted that the site visit specifically excludes any subsurface investigation including, but not limited to, sampling and/or laboratory analysis. A preliminary visual examination of immediately adjacent property conditions and their general nature will be conducted. Historical Use Investigation. An investigation of historical uses of the project site by examining locally available aerial photographs (including historical aerial photos), historical topographic maps, and other available documentation for evidence of potential environmental concerns associated with prior land uses. This analysis will be provided in table format within the ISA report. Other past investigations will also be considered, if provided by the City. Interviews. Consultant will interview knowledgeable persons (i.e., current property owners, operators, occupants, adjacent residents, as well as applicable public agencies, if available) to identify operations conducted on the project site and neighboring properties, if any. Consultant will also identify the uses of all adjoining properties (i.e., those contiguous to the project site). If such operations are likely to affect the project site by contamination with hazardous substances or September 19, 2013 Page 3 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project petroleum products, Consultant will describe the risks presented to the project site within the ISA. Physical Setting Documentation. A review of information available on general geology and topography of the project site and local groundwater conditions will be conducted. Regulatory Database Search. Consultant will include a review of the commercial database summaries, provided by Environmental Data Resources, Inc. (EDR), regarding public agency records for the project site and surrounding area. Other Documentation. A review of available property data for the project site, If applicable and available, will be conducted. Consultant will complete the ISA Checklist, as required by Caltrans, for the project. 2.1d Natural Environment Study Consultant will conduct a biological survey and prepare a Natural Environment Study (NES) in accordance with Caltrans requirements. The NES will include a description of the field methods used and the results of the biological evaluation of the project area. The report will include a list of plant, wildlife and aquatic species present within the project area, a general description of the aquatic and plant communities occurring in the area, the presence or absence of any federally or state listed species or sensitive habitats, as well as the presence of jurisdictional waters. The proposed scope of services includes preparation of a draft NES to be reviewed by the City and Caltrans. Consultant will respond to two sets of comments and revise the NES, and prepare and distribute up to five copies of the final NES. Literature Review. Consultant will review available data for the project and surrounding area to determine which sensitive resources are likely to occur. A database search of the California Natural Diversity Data Base (CNDDB) and California Native Plant Society (CLAPS) listings regarding sensitive biological resouces known to occur in the region and vicinity of the site will be conducted. Additional agency information sources will be consulted including the California Coastal Commission, National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries), California Department of Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and historic/current aerial photographs as appropriate to define identify jurisdictional waters and to define the habitat requirements for sensitive species potentially occurring on-site. This will allow Consultant to focus its field visit on those sensitive biological resources present or likely to be present on the site, In accordance with Caltrans guidelines, Consultant will submit a letter to the USFWS and NOAA Fisheries requesting a list of threatened and endangered species known from the project vicinity. The results of the records search will be summarized in a table and included in the NES report. The Biological Study Area (BSA) will be determined through coordination with a Caltrans Biologist. Site Visit/Habitat Assessment Following the literature review, the project site and surrounding areas will be surveyed to document existing conditions. The site's connectivity to the Pacfic Ocean will be surveyed to determine whether the site provides any suitable habitat to support federally or state listed species or sensitive habitat types and the site function within the California Coastal Zone. September 19, 2013 Page 4 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The location of any sensitive biological resources within the BSA will be mapped. Notes will be taken on all flora and fauna species observed. This survey will provide an understanding of the overall project setting and biological resources occuring within the area. NES Report. A NES report will be prepared with the results from the habitat assessment that will document all wildlife and aquatic habitats occurring on the project site and within the immediate vicinity, the potential to support federally or state listed species and will include a discussion of the project's potential impacts within California Coastal Zone. The report will include a detailed map of the aquatic and plant communities occuring in the area and within the immediate project site, including their respective acreages. The report will include a brief analysis of projected impacts to biological and marine resources, and suggested mitigation measures, if necessary. The report will be sufficient to allow the City and Caltrans to make the appropriate impact/mitigation determinations under CEQA and NEPA and to support any required permits. 2.9e Water Quality Technical Memorandum A Water Quality Technical Memorandum (WQTM) will be developed to support the environmental documentation for the project. The WQTM will qualitatively discuss the project's impacts on receiving water quality during construction and post -construction conditions based on the region's applicable stormwater regulations and consistent with the National Pollutant Discharge Elimination System (NPDES) permit requirements. It will characterize the baseline water quality conditions, identify the potential water quality issues from developing the project, and identify applicable mitigation measures (Best Management Practices). The memo will discuss the following: • The evaluation of the potential impacts related to implementing the project; Regional Hydrology, Local Hydrology, Floodplains, Groundwater Resources, Topography, Climate, and Soils/Erosion Potential; The applicable requirements of the local NPDES permit (Newport Beach is a co -permittee under the Orange County Santa Ana Regional Board NPDES Permit Order No, R8-2009-0030 CAS 618030), Federal Clean Water Act (CWA), State Water Quality Regulations (Statewide Construction General Permit), State Requirements under Section 402 of the Federal CWA, Beneficial Uses, Groundwater and Surface Water Quality Objectives, and Impaired Waters. A risk analysis will be conducted consistent with the California Statewide Construction General Permit (Order 2009-0009-DWQ); and Potential stormwater quality mitigation measures (Best Management Practices) that may be needed per the water quality requirements applicable to the project. If it is determined during the Design Phase that the project will cause an increase in impervious area over 6,000 square feet, then a Water Quality Management Plan (in compliance with the local NPDES permit requirements) would be required under a separate scope and fee. September 19, 2013 Page 5 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.1f Historic Properties Survey Report/Archaeological Survey Report Consultant has retained Cogstone Resource Management for the preparation of cultural resources documentation for the proposed project. Based on Cogstone's assessment of the bridge and surrounding areas, it is expected that a Historic Properties Survey Report and Archaeological Survey Report (HPSR/ASR) will be required by Caltrans. The primary components of the HPSR/ASR are as follows: • Coordinate with the City and Caltrans to define project description and associated impact area; • Perform literature record searches for known resources consisting of: o Archaeological and historic records to be searched at South Central Coastal Information Center; o Review of historic aerials and topographic maps; and o Review of previous studies in the area; • Background research and investigation to develop brief contexts for prehistoric and historic resources; • Native American Consultation as follows: o Sacred lands search from Native American Heritage Commission (NAHC); o Follow up contact with all Native American tribes or individuals recommended by Commission and maintain log of results; and o Contact local historic preservation groups and other stakeholders to obtain information and concerns and maintain log of results, • Field survey and reconnaissance, including the following: o Intensive pedestrian survey of the entire project area; o Documentation of any resources encountered using high resolution GPS & photography. • Draft Historic Properties Survey Report with appended Archaeological Survey Report, including responding to two rounds of comments and producing final documents. Note that Cogstone has already consulted with Caltrans and learned that the existing Park Avenue Bridge (Caltrans Bridge #55C0015) although built in 1930 was substantially modified in 1984 and Caltrans determined that it lacks integrity and is not eligible for the National Register. On that basis, no historic resources evaluation for the bridge is required. In some instances, Caltrans will require a study border of one parcel past the area of direct impacts, which could mandate preparation of a Historical Resources Evaluation Report (HRER). If preparation of an HIRER is determined to be required, it will be subject to a separate scope of work and contract modification. September 19, 2023 Page 6 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.1g Traffic Study Consultant will prepare a traffic study analyzing and documenting forecast traffic conditions during deconstruction of the existing Park Avenue Bridge and subsequent construction of the new Park Avenue Bridge linking Little Balboa Island with Big Balboa Island. The traffic study will analyze three potential deconstruction/construction traffic condition scenarios under consideration: 1) provide temporary alternating two-way traffic on a one -lane bridge at the Park Avenue location during the Park Avenue Bridge deconstruction/construction stages; 2) provide temporary two-way traffic on a temporary two-lane bridge at the Balboa Avenue location during the Park Avenue Bridge deconstruction/construction stages with no traffic connection the Park Avenue location; and 3) provide temporary one-way traffic on a one -lane bridge at the Park Avenue location in conjunction with temporary one-way reverse directional traffic on a temporary one-way bridge at the Balboa Avenue location during the Park Avenue Bridge deconstruction/construction stages. This scope of work assumes traffic count data collection during typical weekday a.m. and p.m. peak period conditions at the following four intersections: Marine Avenue/Balboa Avenue, Marine Avenue/Park Avenue, Abalone Avenue/Balboa Avenue, and Abalone Avenue/Park Avenue, as well as up to five 24-hour roadway segment counts at locations to be identified based on discussions with City staff. It should be noted that this scope of work for NEPA/CEQA compliance documentation analyzes impacts at the Park Avenue location only. If, as a result of the traffic study, a temporary bridge at Balboa Avenue is selected by the City, a separate scope and fee would be required to adequately analyze impacts at the Balboa Avenue location. 2.1h Minor Visual Impact Assessment Consultant will prepare a Minor Visual Impact Assessment (VIA) for the proposed project. Pursuant to the Caltrans SER, Consultant will prepare the Minor VIA consistent with the guidelines set forth by the FHWA Visual Impact Assessment for Highway Projects Guidelines. The Minor VIA will be prepared consistent with the current Caltrans Landscape Architecture Program's recommended Minor VIA Annotated Outline. The existing visual setting will be verified and qualitatively discussed for the project area. An inventory of current existing conditions and visual resources will be documented by a site visit. The visual change from baseline conditions will be discussed, as seen from surrounding public viewers. The anticipated viewer response to project changes will be documented. The resultant impacts will be discussed. The project's overall temporary construction, project operations, and cumulative conditions will also be considered. Avoidance, minimization, andlor mitigation measures will be recommended to reduce the visual impacts from the project, if any. This task specifically excludes the preparation of visual simulations for the project. 2.1i Location Hydraulic Study/Summary Floodplain Encroachment Report Consultant will prepare a Location Hydraulic Study summarizing the existing Zone AE floodplain on Balboa Island and any potential impacts that the Park Avenue Bridge Replacement has on the floodplain. In order to assess impacts, Consultant will complete research at the Federal Emergency Management September 19, 2013 Page 7 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Agency (FEMA) to obtain the back-up data for the existing floodplain. The existing floodplain appears to be the result of a backwater condition in Newport Bay. Therefore the Park Avenue Bridge Replacement is not likely to impact the existing floodplain. This task assumes a no or low impact to the floodplain result, therefore only a Summary Floodplain Encroachment Report is included. No hydraulic modeling is included as part of this task. 2.2 NEPA COMPLIANCE As an HBRRP-funded project, this task assumes that the project will qualify for a Categorical Exclusion (CE) under Section 6004, 23 GFR 771 Activity c(4). Consultant anticipates that a CE with supporting technical studies will be required by Caltrans District 12 Local Assistance in order to complete the NEPA process. To support the CE, Consultant proposes to prepare a Preliminary Environmental Study (PES) Form in addition to technical documentation as described above. The PES Form, technical studies, and CE will address the project's potential environmental effects in accordance with Caltrans standards. Impacts to sensitive receptors (i.e. residential uses adjacent to the project site) will be examined. The NEPA clearance process will be a key component of the environmental process. Based upon Consultant's experience with similar projects and familiarity with the Local Assistance process and District 12, the Consultant Team will act as an extension of staff to expedite the NEPA process while preparing a defensible, thorough analysis. 2.2a Preliminary Environmental Study (PES) Form Consultant will prepare a PES Form in accordance with the Caltrans Local Assistance Procedures Manual (LAPM) environmental reporting criteria. The PES Form will provide a preliminary analysis of potential environmental impacts associated with the project and identify environmental issues that may require further detailed study. The PES Form will be submitted to the City/Caltrans for concurrence prior to the initiation of the technical study work program. Caltrans will be responsible for a determination of the appropriate scope of work for the project. A final determination regarding the range of technical studies and appropriate NEPA action cannot be made until Caltrans approves the PES Form for the project. However, based upon Consultant's experience on similar Caltrans Local Assistance projects and our knowledge of the project area, it is anticipated that a CE (with appropriate technical studies as outlined above) will apply to the project. 2.2b Categorical Exclusion On behalf of the City, Consultant will forward all supporting NEPA technical studies and preliminary engineering documentation demonstrating that significant environmental effects will not result with project implementation. This submittal will consist of a draft CE and technical study package with formal request to Caltrans for approval, As stated above, it is assumed that the project will qualify for a CE under Section 6004, 23 CFR 771 Activity c(4). September 19, 2013 Page 8 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.3 CEQA COMPLIANCE This task assumes that the City of Newport Beach will be the lead agency for the CEQA process, and that an Initial Study/Mitigated Negative Declaration (IS/MND) will be the appropriate form of clearance documentation. Should one or more impacts be identified as significant and unavoidable (thus necessitating the preparation of an EIR), a separate scope of work and contract modification would be required. Consultant will prepare the IS/MND in accordance with the CEQA Guidelines and the City's local implementation procedures. A detailed description of the CEQA work program is provided below. 2.3a Introduction The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Newport Beach CEQA Implementation procedures for which the proposed project is subject. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the IS/MND format, listing of responsible and trustee agencies and documentation incorporated by reference. 2.3b Project Description The Project Description section will detail the project location, background, and history of the project, discretionary actions, characteristics, goals and objectives, construction program, phasing, agreements, and required permits and approvals that are required based on available information. This section will include a summary of the project's local environmental setting for the project. Exhibits depicting the regional and site vicinity will be included in this section. 2.3c Initial Study Checklist This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four column layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no impacts. 2.3d Environmental Analysis Consultant will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised by City Staff, Caltrans, agencies and the community, and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified Environmental Analysts, CEQA experts, and Planners at Consultant. The Environmental Analysis section will thoroughly discuss the existing conditions for each environmental issue area, and identify short-term construction and long-term operational impacts associated with the project. The impact analysis will be in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics, Agricultural and Forest Resources, Air Quality, etc.). The thresholds for significance shall be September 19, 2013 Page 9 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project identified for every environmental issue. A brief discussion will be provided for all environmental issues determined to be No Impact or Less Than Significant Impact, explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will provide a detailed analysis of each issue, in the same order as these issues are provided in the IS/MND. The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the Environmental Checklist. This section will review the following issues: • Aesthetics, Light and Glare. This section will incorporate the results of the Minor VIA performed as part of Task 2.1h. The analysis will thoroughly discuss the existing aesthetic environment and visual resources. Visual impacts from construction activities, as well as long-term effects (view blockage, light/glare, etc.) will be discussed and evaluated. Mitigation measures will be provided as required. • Agricultural and Forest Resources. The project area is not designated for agricultural production or forest resources, thus, the IS/MND will confirm that no impacts would occur in this regard. • Air Quality. The air quality analysis will incorporate the results of the Air Quality Report to be performed as part of Task 2.1a. A description of existing conditions in the project area will be provided. The results of the construction -related and long-term operational air quality modeling will be incorporated into the IS/MND. Mitigation measures will be incorporated to reduce impacts on a local and regional basis (if applicable). • Biological Resources. The results of the NES described as part of Task 2.1d will be incorporated within this section. A detailed description of the project setting will be included. Analysis of the project's impacts to both terrestrial and/or marine resources will be discussed. Direct impacts (construction within the channel) and indirect impacts (lighting and/or human activity due to the bridge) will also be analyzed. Mitigation measures will be included as applicable. • Cultural Resources. The results of the HPSR/ASR will be incorporated into this section. Existing conditions in the impact area will be discussed, and the potential for disturbance of subsurface resources will be analyzed. As noted above, the existing bridge was constructed in 1930, but substantially modified in 1984 and is not eligible for the National Register. • Geology and Soils. Based upon the Geotechnical Investigations performed under Contract No. 5128, the analysis will identify existing regional and site specific geologic and soils constraints. The project will be evaluated for its potential to expose people or structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic -related ground failure (i.e., liquefaction), and landslides. Project areas potentially subject to significant grading impacts, existing topography and landform modifications, and wind/water erosion potential of the soils will be evaluated. Unstable geologic units/soils will also be evaluated. This section will also identify recommended mitigation to avoid or reduce potential impacts to the extent feasible, such as erosion control September 19, 2013 Page 10 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project criteria and grading requirements, to ensure consistency with City of Newport Beach grading standards/policies. Greenhouse Gas Emissions. The IS/MND will incorporate the results of the Air Quality Study described in Task 2.1a and will include a detailed analysis of impacts in accordance with the CEQA Guidelines. The IS/MND will include an analysis of project -related GHG emissions, indirect impacts, and energy consumption. Mitigation measures to reduce impacts will be included in the IS/MND, if required. Hazards and Hazardous Materials. Based upon the Phase I ISA described as part of Task 2.1c, the IS/MND will include a detailed analysis of impacts in accordance with the CEQA Guidelines. The IS/MND will include an analysis of potential hazards and hazardous materials and mitigation to reduce impacts, if required. Hydrology and Water Quality. This section will include the results of the WQTM and LHS described as part of Task 2.1e and 2.1i, respectively. The section will address changes in absorption rates, drainage patterns, storm drain improvement, and downstream affects. Consultant will also evaluate water quality conditions and identify water quality (NPDES) techniques/structures in accordance with local, State and Federal requirements. The potential for the project description to degrade water quality, interfere with groundwater recharge or expose people to water related hazards will be identified. Land Use and Planning. The proposed project will be reviewed for consistency with City standards and policies, as well as careful consideration of adjacent uses. The interface of the project with nearby uses and, in particular, the uses immediately adjacent to the site will be studied. • Mineral Resources. Analysis will note that there is no effect of the project upon mineral resources. • Noise. The Noise Technical Memorandum described under Task 2.1b will be utilized within the IS/MND. A detailed description of existing noise conditions and sensitive receptors in the project area will be provided. The results of the construction -related and long-term operational noise modeling will be included within this section. Mitigation measures will be incorporated to reduce impacts to local residential sensitive receptors. • Population and Housing. Consultant will provide a project specific analysis of potential growth -inducing impacts pursuant to CEQA Guidelines Section 15126(g). The basis for analysis will be population and housing data from the City of Newport Beach, California Department of Finance, and U.S. Census. The section will consider housing conditions and projections for the area. The section will discuss ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. • Public Services. As a bridge replacement project, it is not expected to generate substantial additional demand for public services. However, the discussion will focus on the potential alteration of September 19, 2013 Page 11 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project existing facilities, extension or expansion of new facilities, and the increased demand on services. Consultant will evaluate the ability of the project to receive adequate service based on applicable standards and, where adequate services are not available, will identify the effects of inadequate service and recommend mitigation measures. • Recreation. As a bridge replacement project, the proposed improvements would have a limited ability to affect recreational facilities in the project area. As such, the IS/MND will confirm that no impacts would occur in this regard. • Transportation and Traffic. Based on the traffic study described under Task 2.1g, Consultant will develop significance conclusions under CEQA for project -related circulation and traffic impacts. Since the project will not increase roadway capacity over the long-term, this section of the IS/MND will focus on temporary construction impacts since the bridge would be constructed in half -sections. Mitigation measures/recommendations will be included as appropriate. • Utilities. As a bridge replacement project, the project is not expected to generate substantial additional demand for utility service. However, the discussion will focus on the potential alteration of existing utilities within and/or beneath the bridge and the availability of solid waste disposal capabilities during the demolition and construction process. • Mandatory Findings of Significance. This section will focus on cumulative effects and considerations. 2.3e Initial Study Determination The determination page will conclude the appropriate action based upon the IS/MND evaluation. 2.3f Graphic Exhibits The environmental document will Include up to ten (10) 8.5"x11" or 11"x17" exhibits to enhance the written text and clarify the proposed project environmental impacts. Consultant will use state-of-the-art computer design equipment and techniques to create professional quality, black and white or full color exhibits, dividers, and covers for the environmental document and Appendices. 2.3g Administrative Draft IS/MND Consultant will submit ten (10) copies of the Administrative Draft IS/MND for review and comment by the City. Should additional copies be required, additional copies will be provided by Consultant at an additional fee. Consultant will also submit one (1) "check copy" of the final draft document, which will incorporate one complete set of comments received from the City. Changes to the draft document will be highlighted to assist the review. 2.3h Public Review Draft IS/MND With a conclusion in the IS/MND that no significant environmental effects will occur as a result of implementation of the project, a Mitigated Negative September 19, 2013 Page 12 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Declaration will be prepared. Following this determination, Consultant will prepare the Notice of Intent (NOI) to Adopt and the Mitigated Negative Declaration for City review. The NOI and Mitigated Negative Declaration will be attached to the IS/MND to fully explain the proposed project and its affects. Twenty (20) hard copies of the IS/MND (with appendices included in digital format), 20 compact discs containing both the IS/MND and technical appendices, one (1) camera-ready IS/MND original, and one (1) camera-ready original of the technical appendices will be provided to the City. Consultant will provide the submittal to the State Clearinghouse and additional distribution as directed by the City. Consultant will also post the NOI at the County Clerk at the onset of the public review period. 2.3i Responses to Comments Consultant will respond to comments received on the Draft IS/MND during the public review period. Consultant will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. This task includes written responses to both written and oral comments received on the Draft document (includes review of hearing transcripts, as required). The draft responses will be prepared for review by City Staff. For budgeting purposes, we have assumed a total of 16 hours to prepare the Response to Comments. Should the comments be excessive and require more than the budgeted time, this task would be revisited under a separate scope and fee. Consultant will provide ten (10) copies of the Responses to Comments for City review prior to incorporation into the final environmental document. Deliverables: Ten (10) Copies of the Draft Responses to Comments 2.3j Mitigation Monitoring and Reporting Program To comply with the Public Resources Code Section 21081.6 (AB 32180), Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through working with City staff to identify appropriate monitoring steps/procedures and in order to provide a basis for monitoring such measures during and upon project implementation. The MMRP will indicate the mitigation measure number as outlined in the IS/MND, a list of Mitigation Measures/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. Consultant will provide fifteen (15) copies of the Mitigation Monitoring and Reporting Program to the City. 2.3k Final IS/MND Consultant will prepare a draft final document for City review and approval. The Final document will consist of the revised Draft text, as necessary to address the comments received on the Draft document. The Final document will include a purpose subsection, reference the review process, comments received, responses and any required edits/updates to the Public Review document. Also included in the final document is the MMRP in accordance with Public Resources Code Section 21081.6 (AB 3180). Five copies (5) and one (1) camera-ready original will be provided to the City. Consultant will prepare the Notice of Determination (NOD), send it to the State Clearinghouse, and file the notice at September 19, 2013 Page 13 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project the County Clerk's office. This scope of work assumes that the City would be responsible for the payment of any required filing fees for the California Department of Fish and Wildlife (CDFW). TASK 3 — REGULATORY AGENCY & COASTAL DEVELOPMENT PERMIT APPLICATIONS 3.1 REGULATORY PERMIT APPLICATION Consultant will concurrently prepare application packages for a U.S. Army Corps of Engineers (Corps) Section 10 Rivers and Harbors Act Permit (Letter of Permission) and a Regional Board Section 401 Water Quality Certification. Each submittal package will generally include the following key items: • Application cover tetter: The letter will be on Consultant letterhead and introduce the project and define the submittal document. • Standard Agency Forms: The most recent standard forms for each agency will be utilized. An attachment may be provided so that the complete project description and necessary detail is included. A detailed project description for improvements within jurisdictional areas will also be provided (including a discussion of best management practices). • Project Exhibits: Exhibits will illustrate key project features and help clarify written text. Anticipated exhibits include: Regional Vicinity Map, Site Vicinity Map, Project Photographs, Jurisdictional Map, and Project Site Plans. • Environmental Documentation: The environmental documentation section of the application package will include the Delineation of Jurisdictional Waters Technical Memorandum, Biological Report, and CEQA Documentation. • Application Fees: The Certification filing fee pursuant to the Regional Board's 2011 Fee Schedule (fees based on total project impacts) will be provided by the Client. This task includes one round of internal revisions. The deliverable for this task includes a draft (1 copy of each application) and final (1 copy of each application) for the City's file. One copy of each final application will also be formally submitted in a 3 -ring binder to the regulatory agencies. 3.2 REGULATORY PERMIT APPROVAL PROCESSING Consultant shall provide regulatory services for the processing of the regulatory applications through the Corps and Regional Board. The processing shall include required correspondence or telephone calls between the reviewing staff related to the permit or points of clarification and coordination with the biological consultant, if necessary. This task includes consultation with National Oceanic and Atmospheric Administration (NOAA) Fisheries. Typically agency comments are responded to via email; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments per each application package. This task includes the preparation of permit tracking logs for the Client throughout the permit process. Three (3) Permit Summary Reports will be submitted to the client once the agency approvals are obtained. This task will be billed on a time and materials basis. September 19, 2013 Page 14 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Should additional time for processing be required, the client will be notified and work will continue on an approved contract augmentation. 3.3 COASTAL DEVELOPMENT PERMIT APPLICATION The proposed project is located within the California Coastal Zone and is therefore subject to the California Coastal Act. Per the Act, the proposed improvements qualify as a "Project" and would therefore be required to obtain a Coastal Development Permit (CDP). Consultant will assist the City in preparing the CDP application and processing the application through the California Coastal Commission (CCC). Consultant will prepare a submittal package for a CDP from the CCC. The submittal package is anticipated to include: a) Standard Permit Application; b) Appendix A: Declaration of Campaign Contributions; c) Appendix B: Local Agency Review Form; d) Appendix C: Mailing Labels (properties within 100' of project boundaries); e) Appendix D: Declaration of Posting; f) Project Site Maps; g) CEQA Documentation/Technical Studies (provided as part of Task 1); and h) Stamped/addressed mailing envelopes. Item h), stamped/addressed mailing envelopes, includes the preparation of mailing labels and envelopes for the CCC's mandatory public review/hearing mailing. This task assumes up to fifty mailing addresses. Additional envelopes can be prepared under a contract augmentation and City approval. 3.4 COASTAL DEVELOPMENT PERMIT PROCESSING Consultant will provide regulatory services for the processing of the CDP application through the CCC. The City does not have a certified LCP, and therefore, does not have authorization to issue Coastal Development Permits (CDP). The City does, however, have a Coastal Land Use Plan that has been certified by the California Coastal Commission. Consultant will submit to the City a pending development project package for the City's consistency review with the General Plan, Coastal Land Use Plan and Zoning regulations. Once that review has occurred and been determined to be in compliance Consultant will file for a coastal development permit with the Coastal Commission. The processing shall include required correspondence or telephone calls between the CCC reviewing staff related to the permit or points of clarification and coordination. This item includes up to two (2) meetings with the reviewing staff of the resource agencies during the application review process. A local LA, Orange, or San Diego County coastal hearing is counted as one of the two meetings. This task includes the preparation of three (3) formal responses to comment packages; additional responses can be provided under contract augmentation and City approval. September 19, 2013 Page 15 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project In the event additional funds are necessary the Consultant will address those funds necessary to proceed with the Client. Budget for this task will not be exceeded without express authorization from the Client. TASK 3 EXCLUSIONS: 1. Preparation of a Habitat Mitigation & Monitoring Plan (HMMP). 2. Fees associated with or required by the subject regulatory applications. 3. Permit Condition Compliance TASK 4 — FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATE (PS&E) This scope of work is for final design bridge replacement and roadway improvements and will incorporate the following assumptions: • The limits of the Park Avenue bridge replacement and roadway improvements are from approximately Marine Avenue intersection to the Abalone Avenue intersection. • The Park Avenue Bridge will be replaced in three stages allowing for traffic across the Grand Canal through construction. A temporary traffic signal system will be necessary to control one-way traffic across the bridge during stage construction. Bicycle and pedestrian traffic will be accommodated during construction. • PCC pavement approaches will be removed and replaced, as required, to accommodate relocation of underground utilities. • Concrete sidewalks and ramps will be removed and replaced to accommodate the new bridge structure and comply with ADA design standards. • The existing landscape and irrigation improvements will be removed and replaced in kind. The existing monument sign structure will be replaced. • Alleys that intersection Park Avenue within the project limits will only be modified to tie into the revised profile of Park Avenue. • All active utilities will remain in use through the construction of the project. Temporary relocation of utilities may be necessary to facilitate bridge removal and reconstruction. • This scope of work does not include the acquisition of any form of right of way, private or public, temporary or permanent. • A Geometric Concept Plan will be developed to illustrate final geometric modifications and final lane widths. This Geometric Concept Plan will require final City concurrence prior to initiation of the final plans, specifications, and estimates. • Concept Stage Construction and Traffic Handling Plans will be developed to illustrate the 3 -stage construction alternative. The Concept Stage Construction and Traffic Handling Plans will require final City concurrence prior to initiation of the final plans, specifications, and estimates. • The scope of work is based upon the conceptual bridge replacement plans prepared by RBF Consulting, in coordination with the City of Newport Beach, during the Preliminary Engineering phase for this project. 4.1 RESEARCH/INVESTIGATION/BASE DATA REVIEW Upon notice to proceed, Consultant will research additional existing improvement plans, studies, record data, survey ties and notes, utilities, and other information relevant to the Project and within and adjacent to the project limits to supplement information obtained during the Project Geometric Approval phase. Consultant is responsible for conducting research at the City, County, utility companies and September 19, 2013 Page 16 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project maintaining current information throughout the Project. Consultant will review any additional existing drainage improvement drawings and master plans for local drainage facilities. 4.2 DESIGN SURVEY & RECORD BASE MAPPING Design Survey: Horizontal and vertical control will be established along Park Avenue from Marine Avenue to Abalone Avenue. Initial topography will be collected from building face to building face along Park Avenue and across the existing bridge deck. Topography along the Boardwalks will be collected for about 50 feet from Park Avenue Right of Way. Depending on accessibility alley flow line elevations will be collected for about 200' from Park Avenue right of Way. After topographic mapping is evaluated with design criteria, topographic surveys may be continued along alleys and boardwalks. The initial survey will require 3 days and additional surveys may require 2-3 days. Unless otherwise directed by the City, the basis of horizontal control will be North American Datum of 1983 (NAD 83), Zone 6, Epoch 2007, as published by the Orange County Surveyor. Coordinates will be expressed as grid values in terms of the U.S. survey foot. Unless otherwise directed by the City, the basis of vertical control will be the North American Vertical Datum of 1988 (NAVD 88) as published by the Orange County Surveyor. Field surveys will include obtaining locations, elevations and descriptions of topographic data from Right -of -Way to Right -of -Way. Topographic data collection will consist of locating the following items: • Curb, gutter, sidewalks and driveways. • Pavement areas including streets and asphalt berms. • Cross-section data on maximum 50' intervals. • Power poles, streetlights and traffic signals, and major signs. • Trees and major specimen plants, with trunk diameters greater than 6", including drip lines. • Above ground piping and structures. • Existing utilities including valves, pull boxes, meters, and vaults. • Storm drain and sewer structures and manholes, including rim and inverts. • Fences and Walls, building faces. • All major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks and natural ground. • Spot elevations at critical locations. All field topography shall be collected electronically for data processing. Consultant shall data process all topography in AutoCAD 2009 format. Deliverables will include an AutoCAD file compile at a scale of 1"=20' with 1 foot contours and a hard copy plot of the topography. The finished topographic map shall include the basis of horizontal and vertical control, North arrow, date -of -survey. Record Base Mapping: Consultant will conduct research at the County of Orange to obtain recent recorded maps and surveys pertaining to the existing streets right-of-way, alleys and lot lines within the project reach. A record land net base will be calculated from these records and geo-referenced to the project control September 19, 2013 Page 17 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project network. If determined by project design constraints that further survey is required to establish lot lines on the ground, then a separate task authorization will be prepared defining the additional scope of work and fee. 4.3 UTILITY COORDINATION Consultant is responsible for verification of the utility facilities that were identified during the Preliminary Engineering phase of the Park Avenue bridge replacement project. Consultant will prepare Utility Location Plans and develop a utility conflict matrix identifying all conflicts with the project. The utility conflict matrix will be provided to the City. Consultant will coordinate and work closely with the City and the anticipated involved utility companies (Southern California Edison (SCE), Time Warner Cable (TWC), and Southern California Gas Company (SCLC) to determine the need to relocate impacted lines. Consultant will coordinate and attend up to eight project coordination meetings; assuming two with each utility owner. It is assumed the utility companies (SCGC, SCE and TWC) will perform relocation design (interim/permanent) for their own facilities. Consultant will prepare the relocation design for the City owned facilities (water and street lighting). Consultant is responsible for coordinating electrical service points of connection with the SCE. Plans for any extension of utility service facilities up to the designated service point of connection will be prepared by the utility company. An allowance has been provided to perform eight potholes of existing utilities, and prepare and distribute utility base maps to affected utilities. Pothole locations shall be approved by the City prior to potholing. A pothole location map will be prepared summarizing the planned pothole locations. A utility relocation feasibility study will be prepared to evaluate existing systems and optimize relocations. Consultant will prepare utility record drawing request letters under City letterhead for City to mail to utility owners. If utilities are required to be relocated, City and utility owners will provide the prior rights determination. It is assumed the City will also prepare a Utility Relocation Agreement (URA) and Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA) for each prior right utility relocation within City right-of-way, as applicable. The City will also be responsible for all negotiations with the utility companies for cost responsibility, notices to relocate and processing the URA's for approval. URA's will also be prepared by the City for non -prior rights utility relocations. 4.4 GEOTECHNICAL ENGINEERING Geotechnical engineering services will be provided by Earth Mechanics, Inc. (EMI). Based on the conceptual bridge replacement plans prepared during the Preliminary Engineering phase, the new bridge will consist of 3 spans with a length of about 100 feet. The two piers inside the canal will be supported on 24 - inch Cast -in -Drilled -Hole (CIDH) pile extensions, and the abutments will be founded on the same pile type connected to a pile cap. It is anticipated that the liquefaction potential of the onsite soils to be high. The near -surface soils are also anticipated to be highly compressible. The liquefiable September 19, 2013 Page 18 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project and compressible soils will require additional foundation design efforts as compared to a similar bridge founded on competent soils. Geotechnical Field Investigation: The proposed field investigation includes the following: Design Element No. of Approx. Boring Borings Depth Bridge Abutments 2 70 feet Bridge Access Ramp Retaining 2 25 feet Walls To limit cost, soil borings will not be performed inside the canal for the two piers; the two abutment borings will be used to interpolate for subsurface condition at the two piers. The borings will be drilled at the approach with traffic control. Boreholes will be excavated using a hollow -stem auger drill rig. Spoils will be mixed with cement for backfilling the boreholes. Asphalt concrete cold -patch or quick -set Portland cement concrete will be used to replace paving that will be removed to conduct the borehole drilling. Positions and ground surface elevations at the boring will be surveyed by others, if required. EMI will prepare a borehole location plan. This plan will be provided to the City and RBF, prior to the field investigation, for the purpose of securing the required encroachment permits. EMI will secure a permit from the City of Newport Beach. EMI field personnel will collect soil samples for laboratory testing at a vertical interval of 5 feet or 10 feet. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EMI laboratory. Traffic control will be established in accordance with the Work Area Traffic Control Handbook. Laboratory Testing: EMI will select representative soil samples for laboratory testing. Various laboratory tests will be performed to determine or derive physical and engineering characteristics of soils. The anticipated laboratory soil tests include: in-place moisture and density, Passing #200 Sieve, Atterberg Limits, direct shear, unconsolidated -undrained triaxial, consolidation, R -value and soil corrosion tests. Tests will be conducted in general accordance with California Test (CT) methods or American Society for Testing and Materials (ASTM) standards. Geotechnical Engineering Analyses: Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create an idealized profile for design purposes. The following analyses will be performed for the project: • Determine an ARS curve using the Caltrans online web -based tool, Version 2. • Evaluate liquefaction potential and seismically -induced settlement. • Evaluate liquefaction induced lateral spreading at the approaches. • Determine axial capacity. • Provide lateral pile resistance or LPILE input parameters for the CIDH piles. September 19, 2013 Page 19 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project • Provide spread footing design data for retaining walls. • Evaluate soil corrosivity. • Calculate flexible pavement structural sections at the approaches. Report Preparation: EMI will prepare a Foundation Report. The format of this report will generally follow Caltrans Guidelines for Structure Foundation Reports dated December 2009. If necessary, we will also prepare a short technical memo for bridge type selection. Assumptions: Hours and costs are based on the scope of work described herein and the assumptions listed below: • Allowable period for travel lane and shoulder closures (for field investigation operations) is 9:00 am to 4:00 pm daily. • No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, EMI will terminate our work and notify you. • There is no permit fee. • Canal work is limited to global stability assessment of channel slopes below the bridge soffit. • Retaining walls are cantilevered walls on spread footings. • There is no Caltrans review of the foundation report. 4.5 HYDROLOGY & HYDRAULICS REPORT Consultant shall provide engineering services for the drainage design for the Park Avenue Bridge and will consist of preparation of a Hydrology & Hydraulics Report. The Hydrology approach will be comparison calculations of the existing and proposed hydrologic conditions and floev patterns for the areas of local streets subject to street improvements. The hydrology calculations will form the basis of design for the hydraulic analysis of existing catch basins and street flooded widths impacted by the street Improvements, and for the and sizing of the replacement catch basin facilities. The study area for the hydrology analysis will be limited to the surface water runoff directly tributary to the street improvements. Consultant will prepare a drainage report to address the existing drainage condition and the proposed design. This report shall consider the hydrology for each existing inlet at all four quadrants of the Park Avenue Bridge, but shall not address the capacity or interception of neighboring drainage systems. Total watershed area tributary to the existing site storm drain systems is not expected to change as a result of the project, and a new offsite hydrology analysis is excluded from this work. Existing neighboring drainage systems are assumed to provide an adequate level of protection, and run-on flows from existing systems will not be considered. Deficiency upgrades of the existing on-site drainage systems within the right of way that are physically impacted as a result of the bridge improvements are included in the scope of work. Deficiencies due to other reasons will be presented for a policy decision by the City to incorporate into the project design and construction with scope and fee negotiated accordingly. Flooded width on the Bridge and Bridge approaches will be verified using normal depth. Deck Drains are not anticipated on the Park Avenue Bridge. Street normal depth and catch basin interception calculations will be prepared using the results of the hydrology study to compare the existing and proposed condition. This comparison will be used to demonstrate that the City's existing September 19, 2013 Page 20 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project street flooded width and flood protection levels are maintained. A range of tidal elevations such as Mean Higher High Water (MHHW), Diurnal Tide Level (DTL), and Mean Sea Level (MSL) will be used to evaluate the hydraulic performance of the storm drain systems during the design storm event. Selection of the hydraulic control and design storm event will be made with the cooperation and guidance of the City, Storm surge will not be considered in the canal. The capacity and hydraulic grade lines for the mainline storm drains will be evaluated using a standard step hydraulics model such as WSPG, 4.6 WATER QUALITY MANAGEMENT PLAN A Water Quality Management Plan (WQMP) for the project improvements will be developed with input from the City. The WQMP will be prepared per the requirements and standard template provided by the City. The WQMP will be consistent with the requirements of the current Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). 4.7 GEOMETRIC CONCEPT PLAN Consultant will develop a Geometric Concept Plan that will illustrate final geometric modifications, lane widths and vertical profile. This Geometric Concept Plan will require final City concurrence prior to initiation of the final plans, specifications, and estimate. 4.8 STREET IMPROVEMENT PLANS The Consultant shall prepare the following roadway improvement plans, and the plans will include the design and profiling of all parkway curbs and roadway centerlines. All plan types shall be completed in conformance with the latest available design, drafting, policy and procedure manuals of the City of Newport Beach. Plans will be submitted as follows: • 35% (Preliminary Design to City) — 11x17 bond of roadway typical section and layout 65%— 11x17 bond • 95%— 11x17 bond • 100% (Final to City) — 11x17 bond and 24x36 bond September 19, 2013 Page 21 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The following is a listing of plan sheets with corresponding English scale: Task Plan English 4.8a Title Sheet Varies 4.8b General Notes/Construction Notes Varies 4.8c Typical Cross Sections Varies 4.8d Construction Details Varies 4.8e Key Map Varies 4.8f Plan and Profile Sheets V = 20' 4.8g Storm Drain Plans, Profiles, and Detail Sheets Varies 4.8h Stage Construction and Traffic Handling Plans Varies 4.8i Signing and Striping Plans Varies 4.8j Street Light Plans 1" = 40' 4.8k Retaining Wall Plans 1" = 20' 4.81 Landscape and Irrigation Plans 1" = 40' 4.8m Erosion Control Plans 1" = 40' Note that the professional fees established for the various types of plans are based on the following: All plan types for all phases will be prepared in City of Newport Beach plan format on City of Newport Beach plan sheets. All plans will be processed through the City of Newport Beach. The existing of -site drainage patterns will be maintained and conveyed. No interim drainage systems are assumed to be required to maintain existing drainage patterns in order to facilitate the construction of the roadway improvements. All ultimate/permanent drainage systems will be shown on the storm drain plans. This task specifically excludes maintenance agreements, environmental permits and documentation, flood plain revisions, and CLOMR/LOMR processing. Drainage plans, profiles, and quantities based on the drainage report. The drainage plans will be prepared in accordance with City of Newport Beach Standards and Plans and supplemented with Orange County Public Works (OCPW) Standards, Plans, and Manuals (Hydrology, Local Drainage, and Flood Control Design Manuals). The scope of the drainage plans is based on replacing, rehabilitating, and reconstructing the four existing storm drain inlets and pipe outlets. Replacement pipe outlets into the canal are anticipated where the bridge abutment construction will conflict with the existing outlets. No additional outlets are to be provided. Four (4) outlets are included in this scope of work. Energy dissipation such as rip rap or concrete energy dissipaters are not currently present and will not be designed as part of this September 19, 2013 Page 22 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project project. Pipe outlets will terminate at the existing location wherever possible, and not be extended further into the channel. Where the pipe outlets may be protected, and the pipe is deemed sound, the pipe outlet will be preserved. Replacement of the existing manual flood gates in-kind or with automatic valves (i.e. Tideflex®) will be evaluated with city staff. Treatment BMP facilities as identified the WQMP (described elsewhere) will be incorporated within the Drainage plans to the Maximum Extent Practicable. The consultant understands that storm drain systems are owned and maintained by the City of Newport Beach. Transfer of the storm drain to OCPW, or processing these improvements through outside agencies such as OCPW Property Permits or the US Army Corps of Engineers is an optional service that is not currently included in the fees associated with this task. Preparation of a SWPPP and Temporary Water Pollution Control Plans and activities associated the latest General Construction Permit are not included in this task. Roadway Erosion Control Plan will be for illustrative purposes only and will not be submitted as a part of the roadway improvements plan set. The roadway erosion control plan will be a part of the bid specifications and will be a part of the overall Master SWPPP by the City of Newport Beach. No separate SWPPP specified for the roadway improvements is included in this scope. • Existing utilities will be shown on the plans per information obtained through existing as-built/record drawings as provided by the utility companies and the City of Newport Beach. • All roadway edge grading will be coordinated with and join adjacent existing improvements. The existing grade/surface condition is expected to be the base roadway elevation for the new roadway design. • No rehabilitative roadway grinding and overlay of existing roadway surfaces is assumed to be included in the scope of work. • Streetlights shall be shown per City standard and located on separate plan sheets. All electrical conduit plans and electrical load calculations will be prepared and coordinated with the City's Utility Services Department. One (1) concept level stage construction and traffic handling plans will be prepared for the replacement of Park Avenue Bridge. The concept will be based upon the 3 -stage construction alternative developed during the Preliminary Engineering phase. The first stage of construction consists of replacing existing half of bridge and maintaining one lane traffic lane during the construction. The second stage will consist of shifting the traffic to the newly constructed bridge and replace the remaining half of the bridge. This concept will require either flagging operation or temporary traffic signal for the entire duration of the construction. All stage construction and traffic handling will be developed per the requirements of the City of Newport Beach, Caltrans, and M.U.T.C.D. Standards. • Consultant will prepare V=20' scale retaining wall plans for standard Caltrans Type 1 retaining walls. A total of 400 feet of standard Type 1 walls retaining September 19, 2013 Page 23 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project are anticipated. Nonstandard retaining walls not included in this scope of work. • The following plans and reports will not be required as a part of this task: o Demolition and Removal Plans o Construction Staking and Survey Control Plans o Utility Relocation Plans o Roadway Cross Sections 4.9 BRIDGE REPLACEMENT PLANS Bridge Advance PlanningStudy: Consultant will prepare an Advance Planning Study (APS) in support of the Environmental Document/Project Study Report to develop a feasible structure type and cost considering the existing bridge, roadway and other conditions for the bridge widening. The APS will investigate and determine the structure length, width and type, span lengths, structure depth, railing types, including temporary rails, pier locations and types of footing supports, vertical and horizontal clearances, location and slopes of cuts and fills, slope protection, approach stabs, and stage construction. Consultant will coordinate with roadway engineer on roadway issues, the hydraulics engineer for hydraulic studies, and the geotechnical engineer for bridge foundations. The APS will consist of one plan sheet showing the basic bridge plan, elevation, profile, typical section, and estimated cost summary in accordance with guidelines set forth in Caltrans Memo to Designers 1-8 and State Local Assistance Procedures Manual and Local Assistance Program Guidelines. The APS will include a Design Memo summarizing all the critical assumptions of the design. Bridge Type Selection: Consultant will perform a Bridge Type Selection Study on the preferred structure type brought forward from the Bridge Advance Planning Study. The Consultant will update the APS and perform preliminary calculations to determine the substructure dimensions and foundations, modifications and retrofit of the existing bridge. Consultant will then prepare a Bridge Type Selection Report consisting of a Bridge Type Selection Recommendation making note of all critical assumptions of the design, Bridge General Plan, preliminary construction cost estimate, preliminary hydraulics report and preliminary foundation report. The General Plan will present plan, elevation and cross- sectional views of the selected bridge type. The Bridge Type Selection Report will be submitted to the Client for review and authorization to begin final design of the bridge. 65% PS&E: Upon receipt of the City's written approval of the selected bridge type, Consultant will prepare the 65 percent plans (unchecked details). All structure design calculations and plans will conform to Caltrans and any Client requirements and will be submitted for review by the client. The bridge will be designed by a California -registered civil engineer in accordance with the applicable provisions of the following manuals: • Caltrans Bridge Design Specifications (LRFD); • Caltrans Seismic Design Criteria (SDC); • Caltrans Bridge Memos to Designers; and • Caltrans Bridge Design Aids; September 19, 2013 Page 24 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The level of effort is based on the baseline Concrete Precast/Prestressed girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. A set of draft plans (unchecked details) will be prepared in AutoCAD 2010 in accordance with the applicable provisions of the following Caltrans manuals and in conformance with any Client requirements: Caltrans Bridge Design Details; Caltrans Plans Preparation Manual; and Caltrans Plans, Specifications, and Estimates (PS&E) Guide Assumed baseline alternative is a Precast/Prestressed box girder bridge. The following bridge plan sheets are anticipated: • General Plan — 1 sheet • Index to Plans — 1 sheet • Concrete Removal — 1 sheet • Foundation Plan — 1 sheet • Abutment Layout & Details — 4 sheets • Pier Layout — 3 sheets • Pier Details — 3 sheets • Typical Section — 1 sheet • Girder Layout — 1 sheets • Girder Details — 4 sheets • Joint Details — 1 sheet • Barrier Details — 2 sheet • Utility Details — 3 sheets • Miscellaneous Details — 2 sheets • Caltrans XS Details — 3 sheets • Log of Test Borings (by others) A complete bound set of design calculations will be prepared and submitted to the Client for review. Bridge Independent Check: A California -registered RBF civil engineer who is not directly involved in the initial design of the structure will independently check the bridge design. The independent check will be performed in accordance with the applicable design criteria and will include generating independent check design calculations and review of the plans and special provisions. This also includes a QA/QC review of the plans and specifications by a senior bridge engineer. Any significant differences between the initial design and the independent check will be resolved between the two licensed engineers until substantial agreement on the final design is achieved. Any required changes will be made to the design and construction documents. The level of effort is based on the baseline Precast/Prestressed girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. September 19, 2013 Page 25 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 95 % PS&E: RBF shall prepare 95 percent PS&E for review and approval of the City. The 95 percent PS&E shall include 65 percent PS&E updated in response to comments from the City and the bridge independent check. The Special Provisions for the roadway and bridge will be based upon Caltrans Standard Special Provisions (SSP's). Consultant will prepare technical Special Provisions for bidding to be included by the client in their bid documents. It is understood the Client will incorporate the Caltrans Standard Specifications and project SSP's into their bid documents (i.e. Notice to Contractors, Instructions to Bidders, Contractor Forms, etc.) and coordinate the specifications with any other non -bridge bid items. The Consultant will prepare itemized quantity take -off calculations and a construction cost estimate for the bridge and roadway construction. 100% PS&E: Following the reviews by the City, agreed-upon revisions shall be made to the 95% PS&E. The specifications, half-size plans, and other bid documents will be submitted to the City for final approval. Final PS&E: After receipt of final approval, an original set of stamped and signed plans and an engineer's estimate will be submitted to the City for its use in developing bid documents and soliciting construction bids. The Consultant shall provide the quantity calculations to the City for use in administering the contract. 4.10 WATER RELOCATION PLANS Consultant will prepare improvement plans for the domestic waterline relocation. It is assumed that the waterline improvement plans will be included as a part of the City's plan set (for the bridge and roadway design), utilizing the City's CADD border. The pipeline will be designed to meet the design standards and requirements of the City of Newport Beach. It is anticipated that two plan sheets will be required, a plan and profile sheet (1"= 40` H, 1"= 8' V scale), and a detail sheet. Consultant shall submit the 65%, 95% and 100% complete drawings to the City for review. Consultant will incorporate the necessary comments for a final approval. 4.11 TECHNICAL SPECIFICATIONS & BIDDING PHASEICONTRACT DOCUMENTS Consultant shall develop technical specifications as special provisions in conformance with City's format. This scope of work shall include the preparation of the technical specifications as referenced to the latest edition of the "Greenback" Standard Specifications for Public Works Construction. Consultant shall develop contract documents in conformance with City's format. The City will provide a standard bid/contract document template for use in preparing the final project bid/contract documents, and the City will provide all regulatory and agency permits and reference materials to be included in the City's standard contract documents. 4.12 COST ESTIMATE Consultant will prepare a final estimate of construction quantities and costs based upon the approved final drawings utilizing the current edition of the Caltrans Contract Cost Data book and recent construction bid information. The September 19, 2013 Page 26 of 27 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project specific construction items will be verified with contractors and up-to-date construction management cost data to account for current cost increases and material cost trends. The final detailed engineer's estimate of the project costs will be structured per City format. 4.13 PLAN CHECK REVISIONS/APPROVALS/LOCAL AGENCY PERMITS Consultant will process the completed plans for the purpose of securing appropriate approvals and permits from the City as required. Submittals to agencies shall include all plans and required backup data for review. Consultant will receive written comments from all participating agencies and review with City. Consultant will draft a response to all agency comments at one time. Consultant will then meet collectively with all participating agencies to resolve outstanding issues relative to agency comments. Consultant will then prepare final dispositions for each review comment for submittal to the Agencies. Consultant will make revisions to PS&E documents following plan check for second plan check submittal and provide final revised quantity take -offs and cost estimates. When revisions have been made, Consultant will obtain signatures and provide the requested number of stamped plans to the City. TASK 4 SCOPE ASSUMPTIONS: 1. No aerial topography is included in this scope of work. A Traffic Management Plan (TMP) is not anticipated for this project. 3. Phase 11 hazardous waste assessments and implementation of environmental mitigation measures are not included in this scope of work. 4. No new fire hydrants shall be assumed to be required for this scope of work. 5. No soundwall plans are included in this scope of work. 6. The City shall contract separately with a right-of-way agent to facilitate right- of-way appraisal and acquisition, if required. 7. Boundary and centerline surveys and right-of-way monumentation after construction are not a part of this scope. TASK 5 — CONSTRUCTION SUPPORT 5.1 CONSTRUCTION BIDDING PHASE SUPPORT Consultant will provide construction bidding phase support services during the contract advertising period. Consultant will attend one (1) pre-bid meeting and develop contract documents in conformance with City's format. This task shall include the preparation of three (3) project limit exhibits on 8 112 x 11 page size format. Preparation of a response to bidder questions and preparation of one (1) addendum document is included in this scope. City shall provide required permits and reference materials to be included in the standard contract documents. September 19, 2013 Page 27 of 27 I x:(:11 = 09JUM10114• IRVIct RBF CONSULTING Page B-1 a8.8C RRrS 6RRArR W' 91. -1 sm S 8 _ R R.^. A&'.p nR-g kA £Ro$xR A:SAA:R&:.58^ s & 4 a $ le :R m w g� g 112 ags a 6 J� ��8 & 8: .fi ,.ym •ARA• u _^g 5§p its a ` » s s Y � q C j 8 ff ggp 1WXW INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented RBF CONSULTING Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following. A. Evidence of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1=. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RBF CONSULTING Pag� C-3 ^'~~``''`.°``^^~`^"~^~'~""~"~^°~ CHECKLIST City of � "/u"J.""."wvvwvv"utB~"*mh This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 9125/13 Date Completed: 10<29/13 Dapt./ContadReceived From: Terreo Sent to: Terresa — By: Chris Company/Person required tzhave certificate: RBF Consulting Type of contract: All Others l GENERAL LIABILITY EFFECT|VBEXP|R8T|ONDATE: 030/ & INSURANCE COMPANY: Liberty Mutual Fire Insurance Company B. /\MBEST RATING (8';VII urgooater): A:Xn C. ADMITTED Company (Must beCalifornia AdnniUad): >sCompany admitted inCalifornia? 0Yas El No D� LIMITS (Must beQ1MorSreohr,):What iolimit provided? E, ADDITIONAL INSURED ENDORSEMENT — please attach Yes [_1 No F. PRODUCTS AND COMPLETED OPERATIONS (Must |nt!d:bitincluded? (completed Operations status does not apply tuWaste Haulers orRecreation) 0Yes FlNu G. ADDITIONAL INSURED FOR PRODUCTS AND INSURANCE COMPANY: Liberty Mutual Fire Jnsurance Comp�y COMPLETED OPERATIONS ENDORSEMENT (completed AMBEST RATING (8':V8orgreater) Operations status does not apply boWaste Haulers) ZYen [I No H. ADDITIONAL INSURED WORDING TOINCLUDE (The City !nCompany admitted |nCalifornia? MYea El No its officers, officials, employees and vn|unteera\:|oit LIMITS -}fEmployees (Must be$1Mmin. B{&PDand $5OV,000 included? ZYes [lNo |. PRIMARY & NON-CONTRIBUTORY WORDING (Must bo LIMITS Waiver ofAuto Insurance / Proof ufcoverage (if individual) included): |oi|included? Yes FlNo J. CAUTION! (Confirm that loss urliability ofthe named insured isnot limited solely bytheir negligence) Does endorsement 0N6l FlYes 0No S. include "solely hynegligence" wording? El Yes ZNu R. ELECTED 3CMAFCOVERAGE (RECREATION ONLY): ZN/A El Yes El No L. NOTICE OFCANCELLATION: El N/A [2 Yes El No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 6/30/13-6/30/14 A. INSURANCE COMPANY: Liberty Mutual Fire Jnsurance Comp�y B. AMBEST RATING (8':V8orgreater) C, ADMITTED COMPANY (Must hmCalifornia 8dmbted): !nCompany admitted |nCalifornia? MYea El No D. LIMITS -}fEmployees (Must be$1Mmin. B{&PDand $5OV,000 UM, $2&Ymin for Waste Hau!ers):What islimits provided? lVV0OVV E. LIMITS Waiver ofAuto Insurance / Proof ufcoverage (if individual) (What islimits p,ovided?) ]y6A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): 0N6l FlYes 0No S. HIRED AND NON -OWNED AUTO ONLY: El NIA El Yes Nmn H. NOTICE 0FCANCELLATION: El N/A MYen El No OI VV0RKERS'C0MPENSATON EFFFCT|VE/EXP|R/T|ONDATE: 6/30/13-6/30/14 A. INSURANCE COMPANY: Libeq Insurance Corporation D. AK8BEST RATING (A -: VII urgnaater): A:XV C� ADMITTED Company (Must be California Admitted): NYe^ El No D. N0RKERG`COM9ENSAT|0NLIMIT: Statutory 0Yes No E. EMPLOYERS' LIABILITY LIMIT (Must ba$iMorgreater) F, WAIVER OFSUBROGATION (To |oo!ude):}sitincluded? MYesNo S. SIGNED YVDRKERS`COMPEN8AT|ONEXEMPTION FORM: ZN/A [lYes []Wn H. NOTICE OFCANCELLATION: FlN/A 0Yes FlNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED D/. PROFESSIONAL LIABILITY \' POLLUTION LIABILITY \/ BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach I8/23/l3 0 N/A El Yes El No M N/A El Yes El No Z N/A El Yes El No RISK MANAGEMENT APPROVAL REQUIRED Non'adnoiMedcarrier rated less than ___; Self Insured Retention or Deductible greater than $_) El N/A El Yes D No Reason for Risk Managementapproval/exception/waiver: Approved: Rick Management Date Q SEW POQT CITY OF O A s^ z N'�' i_RT BEACH City Council Staff Report Agenda Item No. 5 October 8, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb(abnewportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer 949-644-3321, ftse(a)newportbeachca.gov APPROVED: J�n� A TITLE: Amendment No. 1 to Professional Services Agreement with RBF Consulting for the Park Avenue Bridge Replacement Project — Contract No. 5128 ABSTRACT: RBF Consulting was retained in May 2012 to provide conceptual design services for the Park Avenue Bridge Replacement Project. The conceptual design phase is now complete and additional funding is needed to begin the environmental documentation, permitting and final engineering phase. RECOMMENDATION: Approve Amendment No. 1 to Professional Services Agreement (PSA) with RBF Consulting (RBF) for environmental documentation, permitting and final engineering services not to exceed $766,600.00 and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS:. Sufficient funds are available in the current budget in Account No. 7251-C2002067 for this work with funding being provided by the Federal Highway Bridge Program (HPB). DISCUSSION: The State of California Department of Transportation (Caltrans) conducts periodic inspections of public bridges throughout the State. The Park Avenue Bridge spanning across the Grand Canal connecting Balboa Island and Little Balboa Island was inspected by Caltrans and received a rating of "Functionally Obsolete" due to its age and high maintenance cost. As such, staff applied for and secured funding under the Federal Highway Bridge Program (HBP) to replace the existing bridge. 1 of 40 Amendment No. 1 to Professional Services Agreement with RBF Consulting for the Park Avenue Bridge Replacement Project — Contract No. 5128 October 08, 2013 Page 2 On May 21, 2012, the City entered into a PSA with RBF to provide conceptual design services for a fee of $119,500.00. Throughout the conceptual design phase, staff participated in numerous meetings with representatives from the Balboa Island Residents Associations and held two community meetings to discuss the conceptual bridge plans. The conceptual design phase resulted in the bridge plans being used for environmental documentation, analysis and coastal permitting. Staff invited RBF to submit a proposal for the environmental documentation, permitting and final engineering phase due to their extensive knowledge of the project and success in completing similar bridge projects throughout the State. Staff negotiated a contract amendment with RBF for a not to exceed fee of $766,600.00, bringing the total contract amount to $886,100.00. RBF's schedule will result in a Coastal Development Permit application being submitted to the California Coastal Commission in mid -2014 and completion of final engineering by September 2015. In order to provide adequate funding for the bridge replacement project, staff submitted supplemental funding requests to Caltrans seeking additional HBP funds based on the current cost estimates. Caltrans has approved the City's request bringing the funding available for engineering design and environmental documentation to $886,100.00 and amount available for construction to $3,528,000.00. The total HBP federal funding approved to -date is therefore $4,414,100.00. Revenue and appropriations for construction will be made in future year CIP budgets. Unlike other federal -aid programs, HBP pays 100% of the project costs and does not require a local fund match. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this funding approval action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: �.� David A. ebb Public Works Director Attachments. A. Amendment No. 1 to PSA with RBF Consulting B. Location Map 2 of 40 Attachment A AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PARK AVENUE OF GRAND CANAL BRIDGE REPLACEMENT PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 9th day of October, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RBF CONSULTING, a California corporation ("Consultant"), whose address is 14725 Alton Parkway, Irvine, California 92618, and is made with reference to the following: RECITALS A. On May 21, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement') for preliminary design services for the Park Avenue over Grand Canal Bridge Replacement project (`Project'). B. City desires to enter into this Amendment No. One to extend the term of the Agreement, reflect additional Services not included in the Agreement, to increase the total compensation and to update insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is a mended in its entirety and replaced with the following: 'The term of this Agreement shall commence on the May 21, 2012, and shall terminate on December 31, 2015, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ('Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ('Services' or "Work"). Exhibit B of the Agreement and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B". 3 of 40 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section, Exhibit A of this Amendment No. One, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Eighty Six Thousand One Hundred Dollars and 00/100 ($886,100.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seven Hundred Sixty Six Thousand Six Hundred Dollars and 00/100 ($766,600.00). 4. INSURANCE Section 14 of the Agreement is amended in its entirety and replaced with the following: "Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RBF CONSULTING 4 of 40 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: In' By. aron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: RBF CONSULTING California corporation Date: Bv: Bradley R. Mielke Senior Vice President Date: By: S. Robert Kallenbaugh Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RBF CONSULTING Page 3 5 of 40 SCOPE OF SERVICES RBF CONSULTING Page A-1 6 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project PARK AVENUE OVER GRAND CANAL BRIDGE REPLACEMENT PROJECT ENVIRONMENTAL & FINAL DESIGN SERVICES SCOPE OF WORK The Scope of Work provided by RBF Consulting (Consultant) is based upon a City of Newport Beach (City) request for proposal for Environmental and Final Design Services related to the Park Avenue Grand Canal Bridge Replacement Project (Contract No. 5128). The scope of work involves environmental services for preparation and approval of the following: • Environmental Technical Studies • Environmental Document • Regulatory Permits • Coastal Development Permits • Final Design Plans, Specifications & Estimate (PS&E) The documents will be prepared for the build alternative (1 alternative), as identified by the City, for the replacement of Park Avenue Bridge over Grand Canal in the City of Newport Beach. The project will be funded by federal HBR funds and subject to the provisions of the Caltrans Local Assistance Procedure Manual. This scope of work assumes a 24 -month project delivery schedule. TASK 1 — PROJECT MANAGEMENT This task covers project management services including the requirements for meetings, schedules, progress reports, and administration of Consultant's work. 1.1 PROJECT MANAGEMENT Following are administrative duties, which shall be performed by Consultant during the Preliminary Engineering phase: Supervise subcontractors and staff, coordinate, and provide Quality Control so that work is conformance with City and Caltrans standards and policies; and Prepare, circulate, and file correspondence and memoranda as appropriate. Deliverables: Management/Administration Support 1.2 PROJECT MEETINGS Consultant shall attend project meetings including the designated City staff members. Appropriate Consultant staff members will attend the meetings to discuss the project objectives, goals, and report on progress of the project. The following meetings are anticipated and included in the Scope of Work: Environmental phase initiation meeting to discuss the project requirements Fifteen (15) project meetings with City staff, Caltrans, and others as appropriate. Two (2) Public Hearings during preparation of the Environmental Document September 19, 2013 Page 1 of 27 7 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project where Consultant staff will serve as the technical advisors to present information and address questions related to the architectural, engineering and environmental aspects of the project. • Four (4) meetings for the processing of the regulatory permit application and coastal development application. Consultant will arrange meetings, provide discussion materials and agendas and develop and distribute meeting notes. In addition, Consultant shall prepare an action item matrix, document all project decisions and distribute correspondence copies to all project team members and City staff as appropriate. Should the City determine that additional meetings beyond those assumed in this scope of work are necessary, those services will be provided under a separate scope of work and contract modification. TASK 2 — ENVIRONMENTAL DOCUMENT Consultant understands that the City has obtained Federal funding for the project through FHWA/Caltrans Highway Bridge Replacement and Rehabilitation Program (HBRRP). Thus, the proposed project will require a diligent environmental review under both NEPA and CEQA to allow for project approval. Based on available project information, Caltrans District 12 will be the lead agency for the NEPA action because of the City's receipt of federal funding. The City of Newport Beach will be the lead agency under the California Environmental Quality Act (CEQA). A detailed environmental work program for the proposed project is provided below. 2.1 TECHNICAL STUDIES 2.1a Air Quality Report Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively evaluated using CaIEEMOd. As the project is a roadway widening project and would not generate operational trips, the operational emissions analysis will be qualitative. Where necessary, carbon monoxide hotspots will be evaluated. Consultant will also qualitatively discuss naturally occurring asbestos impacts. The project is exempt from all conformity analysis requirements as it is a listed project type under the "Table 2" exemption list in 40 CFR 93.126. Therefore, consultation with the Transportation Conformity Working Group is not required. Consultant will also prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct and indirect sources. The emissions inventory will be compiled consistent with the methodology prescribed by CARB in the Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories. September 19, 2013 Page 2 of 27 8 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.9b Noise Technical Memorandum Consultant will review applicable noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts will be discussed for land uses adjacent to the proposed project. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence. Vibration impacts will also be assessed for adjacent sensitive uses. A screening level operational noise assessment will be conducted to determine the change in ambient noise due to implementation of the proposed roadway widening. However, per the Caltrans Standard Environmental Reference (SER), a formal Noise Study Report is not required. Compliance with applicable noise standards will be evaluated, with recommended mitigation measures included where appropriate. 2.9c Phase I initial Site Assessment Consultant will prepare a Phase I Initial Site Assessment (ISA) for the proposed project. The ISA will be prepared in accordance with the American Society for Testing and Materials (ASTM) Standard Practice E 1527-05 and the Caltrans SER. It is acknowledged in this Scope of Work that one (1) build alternative will be considered and it is assumed that no permanent right-of-way acquisition is required as part of the proposed project. The Phase I ISA will include the following primary components. Site Visit. Consultant will perform a site visit, which will consist of a visual examination of the project site for visual evidence of potential environmental concerns, including existing or potential soil and groundwater contamination as evidenced by soil or pavement staining or discoloration; stressed vegetation; indications of waste dumping or burial; pits; ponds; or lagoons; containers of hazardous substances or petroleum products; electrical and hydraulic equipment that may contain PCBs, such as electrical transformers and hydraulic lifts; and underground and aboveground storage tanks. Consultant will examine the physical characteristics of the property (i.e., apparent runoff directions, location of paved areas, etc.). It should be noted that the site visit specifically excludes any subsurface investigation including, but not limited to, sampling and/or laboratory analysis. A preliminary visual examination of immediately adjacent property conditions and their general nature will be conducted. Historical Use Investigation. An investigation of historical uses of the project site by examining locally available aerial photographs (including historical aerial photos), historical topographic maps, and other available documentation for evidence of potential environmental concerns associated with prior land uses. This analysis will be provided in table format within the ISA report. Other past investigations will also be considered, if provided by the City. Interviews. Consultant will interview knowledgeable persons (i.e., current property owners, operators, occupants, adjacent residents, as well as applicable public agencies, if available) to identify operations conducted on the project site and neighboring properties, if any. Consultant will also identify the uses of all adjoining properties (i.e., those contiguous to the project site). If such operations are likely to affect the project site by contamination with hazardous substances or September 19, 2013 Page 3 of 27 9 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project petroleum products, Consultant will describe the risks presented to the project site within the ISA. Physical Setting Documentation. A review of information available on general geology and topography of the project site and local groundwater conditions will be conducted. Regulatory Database Search. Consultant will include a review of the commercial database summaries, provided by Environmental Data Resources, Inc. (EDR), regarding public agency records for the project site and surrounding area. Other Documentation. A review of available property data for the project site, if applicable and available, will be conducted. Consultant will complete the ISA Checklist, as required by Caltrans, for the project. 2.1d Natural Environment Study Consultant will conduct a biological survey and prepare a Natural Environment Study (NES) in accordance with Caltrans requirements. The NES will include a description of the field methods used and the results of the biological evaluation of the project area. The report will include a list of plant, wildlife and aquatic species present within the project area, a general description of the aquatic and plant communities occurring in the area, the presence or absence of any federally or state listed species or sensitive habitats, as well as the presence of jurisdictional waters. The proposed scope of services includes preparation of a draft NES to be reviewed by the City and Caltrans. Consultant will respond to two sets of comments and revise the NES, and prepare and distribute up to five copies of the final NES. Literature Review. Consultant will review available data for the project and surrounding area to determine which sensitive resources are likely to occur. A database search of the California Natural Diversity Data Base (CNDDB) and California Native Plant Society (CNPS) listings regarding sensitive biological resouces known to occur in the region and vicinity of the site will be conducted. Additional agency information sources will be consulted including the California Coastal Commission, National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries), California Department of Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and historic/current aerial photographs as appropriate to define identify jurisdictional waters and to define the habitat requirements for sensitive species potentially occurring on-site. This will allow Consultant to focus its field visit on those sensitive biological resources present or likely to be present on the site. In accordance with Caltrans guidelines, Consultant will submit a letter to the USFWS and NOAA Fisheries requesting a list of threatened and endangered species known from the project vicinity. The results of the records search will be summarized in a table and included in the NES report. The Biological Study Area (BSA) will be determined through coordination with a Caltrans Biologist. Site VisiUHabitat Assessment. Following the literature review, the project site and surrounding areas will be surveyed to document existing conditions. The site's connectivity to the Pacfic Ocean will be surveyed to determine whether the site provides any suitable habitat to support federally or state listed species or sensitive habitat types and the site function within the California Coastal Zone. September 19, 2013 Page 4 of 27 10 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The location of any sensitive biological resources within the BSA will be mapped. Notes will be taken on all flora and fauna species observed. This survey will provide an understanding of the overall project setting and biological resources occuring within the area. NES Report. A NES report will be prepared with the results from the habitat assessment that will document all wildlife and aquatic habitats occurring on the project site and within the immediate vicinity, the potential to support federally or state listed species and will include a discussion of the project's potential impacts within California Coastal Zone. The report will include a detailed map of the aquatic and plant communities occuring in the area and within the immediate project site, including their respective acreages. The report will include a brief analysis of projected impacts to biological and marine resources, and suggested mitigation measures, if necessary. The report will be sufficient to allow the City and Caltrans to make the appropriate impact/mitigation determinations under CEQA and NEPA and to support any required permits. 2.9e Water Quality Technical Memorandum A Water Quality Technical Memorandum (WQTM) will be developed to support the environmental documentation for the project. The WQTM will qualitatively discuss the project's impacts on receiving water quality during construction and post -construction conditions based on the region's applicable stormwater regulations and consistent with the National Pollutant Discharge Elimination System (NPDES) permit requirements. It will characterize the baseline water quality conditions, identify the potential water quality issues from developing the project, and identify applicable mitigation measures (Best Management Practices). The memo will discuss the following: • The evaluation of the potential impacts related to implementing the project; Regional Hydrology, Local Hydrology, Floodplains, Groundwater Resources, Topography, Climate, and Soils/Erosion Potential; The applicable requirements of the local NPDES permit (Newport Beach is a co -permittee under the Orange County Santa Ana Regional Board NPDES Permit Order No. R8-2009-0030 CAS 618030), Federal Clean Water Act (CWA), State Water Quality Regulations (Statewide Construction General Permit), State Requirements under Section 402 of the Federal CWA, Beneficial Uses, Groundwater and Surface Water Quality Objectives, and Impaired Waters. A risk analysis will be conducted consistent with the California Statewide Construction General Permit (Order 2009-0009-DWQ); and Potential stormwater quality mitigation measures (Best Management Practices) that may be needed per the water quality requirements applicable to the project. If it is determined during the Design Phase that the project will cause an increase in impervious area over 5,000 square feet, then a Water Quality Management Plan (in compliance with the local NPDES permit requirements) would be required under a separate scope and fee. September 19, 2013 Page 5 of 27 11 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.1f Historic Properties Survey Report/Archaeological Survey Report Consultant has retained Cogstone Resource Management for the preparation of cultural resources documentation for the proposed project. Based on Cogstone's assessment of the bridge and surrounding areas, it is expected that a Historic Properties Survey Report and Archaeological Survey Report (HPSR/ASR) will be required by Caltrans. The primary components of the HPSR/ASR are as follows: • Coordinate with the City and Caltrans to define project description and associated impact area; • Perform literature record searches for known resources consisting of: o Archaeological and historic records to be searched at South Central Coastal Information Center; o Review of historic aerials and topographic maps; and o Review of previous studies in the area; • Background research and investigation to develop brief contexts for prehistoric and historic resources; • Native American Consultation as follows: o Sacred lands search from Native American Heritage Commission (NAHC); o Follow up contact with all Native American tribes or individuals recommended by Commission and maintain log of results; and o Contact local historic preservation groups and other stakeholders to obtain information and concerns and maintain log of results. • Field survey and reconnaissance, including the following: o Intensive pedestrian survey of the entire project area; 0 Documentation of any resources encountered using high resolution GPS & photography. • Draft Historic Properties Survey Report with appended Archaeological Survey Report, including responding to two rounds of comments and producing final documents. Note that Cogstone has already consulted with Caltrans and learned that the existing Park Avenue Bridge (Caltrans Bridge #55CO015) although built in 1930 was substantially modified in 1984 and Caltrans determined that it lacks integrity and is not eligible for the National Register. On that basis, no historic resources evaluation for the bridge is required. In some instances, Caltrans will require a study border of one parcel past the area of direct impacts, which could mandate preparation of a Historical Resources Evaluation Report (HRER). If preparation of an HRER is determined to be required, it will be subject to a separate scope of work and contract modification. September 19, 2013 Page 6 of 27 12 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.1g Traffic Study Consultant will prepare a traffic study analyzing and documenting forecast traffic conditions during deconstruction of the existing Park Avenue Bridge and subsequent construction of the new Park Avenue Bridge linking Little Balboa Island with Big Balboa Island. The traffic study will analyze three potential deconstruction/construction traffic condition scenarios under consideration: 1) provide temporary alternating two-way traffic on a one -lane bridge at the Park Avenue location during the Park Avenue Bridge deconstruction/construction stages; 2) provide temporary two-way traffic on a temporary two-lane bridge at the Balboa Avenue location during the Park Avenue Bridge deconstruction/construction stages with no traffic connection the Park Avenue location; and 3) provide temporary one-way traffic on a one -lane bridge at the Park Avenue location in conjunction with temporary one-way reverse directional traffic on a temporary one-way bridge at the Balboa Avenue location during the Park Avenue Bridge deconstruction/construction stages. This scope of work assumes traffic count data collection during typical weekday a.m. and p.m. peak period conditions at the following four intersections: Marine Avenue/Balboa Avenue, Marine Avenue/Park Avenue, Abalone Avenue/Balboa Avenue, and Abalone Avenue/Park Avenue, as well as up to five 24-hour roadway segment counts at locations to be identified based on discussions with City staff. It should be noted that this scope of work for NEPA/CEQA compliance documentation analyzes impacts at the Park Avenue location only. If, as a result of the traffic study, a temporary bridge at Balboa Avenue is selected by the City, a separate scope and fee would be required to adequately analyze impacts at the Balboa Avenue location. 2.1h Minor Visual Impact Assessment Consultant will prepare a Minor Visual Impact Assessment (VIA) for the proposed project. Pursuant to the Caltrans SER, Consultant will prepare the Minor VIA consistent with the guidelines set forth by the FHWA Visual Impact Assessment for Highway Projects Guidelines. The Minor VIA will be prepared consistent with the current Caltrans Landscape Architecture Program's recommended Minor VIA Annotated Outline. The existing visual setting will be verified and qualitatively discussed for the project area. An inventory of current existing conditions and visual resources will be documented by a site visit. The visual change from baseline conditions will be discussed, as seen from surrounding public viewers. The anticipated viewer response to project changes will be documented. The resultant impacts will be discussed. The project's overall temporary construction, project operations, and cumulative conditions will also be considered. Avoidance, minimization, and/or mitigation measures will be recommended to reduce the visual impacts from the project, if any. This task specifically excludes the preparation of visual simulations for the project. 2.1i Location Hydraulic Study/Summary Floodplain Encroachment Report Consultant will prepare a Location Hydraulic Study summarizing the existing Zone AE floodplain on Balboa Island and any potential impacts that the Park Avenue Bridge Replacement has on the floodplain. In order to assess impacts, Consultant will complete research at the Federal Emergency Management September 19, 2013 Page 7 of 27 13 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Agency (FEMA) to obtain the back-up data for the existing floodplain. The existing floodplain appears to be the result of a backwater condition in Newport Bay. Therefore the Park Avenue Bridge Replacement is not likely to impact the existing floodplain. This task assumes a no or low impact to the floodplain result, therefore only a Summary Floodplain Encroachment Report is included. No hydraulic modeling is included as part of this task. 2.2 NEPA COMPLIANCE As an HBRRP-funded project, this task assumes that the project will qualify for a Categorical Exclusion (CE) under Section 6004, 23 CFR 771 Activity c(4). Consultant anticipates that a CE with supporting technical studies will be required by Caltrans District 12 Local Assistance in order to complete the NEPA process. To support the CE, Consultant proposes to prepare a Preliminary Environmental Study (PES) Form in addition to technical documentation as described above. The PES Form, technical studies, and CE will address the project's potential environmental effects in accordance with Caltrans standards. Impacts to sensitive receptors (i.e. residential uses adjacent to the project site) will be examined. The NEPA clearance process will be a key component of the environmental process. Based upon Consultant's experience with similar projects and familiarity with the Local Assistance process and District 12, the Consultant Team will act as an extension of staff to expedite the NEPA process while preparing a defensible, thorough analysis. 2.2a Preliminary Environmental Study (PES) Form Consultant will prepare a PES Form in accordance with the Caltrans Local Assistance Procedures Manual (LAPM) environmental reporting criteria. The PES Form will provide a preliminary analysis of potential environmental impacts associated with the project and identify environmental issues that may require further detailed study. The PES Form will be submitted to the City/Caltrans for concurrence prior to the initiation of the technical study work program. Caltrans will be responsible for a determination of the appropriate scope of work for the project. A final determination regarding the range of technical studies and appropriate NEPA action cannot be made until Caltrans approves the PES Form for the project. However, based upon Consultant's experience on similar Caltrans Local Assistance projects and our knowledge of the project area, it is anticipated that a CE (with appropriate technical studies as outlined above) will apply to the project. 2.2b Categorical Exclusion On behalf of the City, Consultant will forward all supporting NEPA technical studies and preliminary engineering documentation demonstrating that significant environmental effects will not result with project implementation. This submittal will consist of a draft CE and technical study package with formal request to Caltrans for approval. As stated above, it is assumed that the project will qualify for a CE under Section 6004, 23 CFR 771 Activity c(4). September 19, 2013 Page 8 of 27 14 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 2.3 CEQA COMPLIANCE This task assumes that the City of Newport Beach will be the lead agency for the CEQA process, and that an Initial Study/Mitigated Negative Declaration (IS/MND) will be the appropriate form of clearance documentation. Should one or more impacts be identified as significant and unavoidable (thus necessitating the preparation of an EIR), a separate scope of work and contract modification would be required. Consultant will prepare the IS/MND in accordance with the CEQA Guidelines and the City's local implementation procedures. A detailed description of the CEQA work program is provided below. 2.3a Introduction The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Newport Beach CEQA Implementation procedures for which the proposed project is subject. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the IS/MND format, listing of responsible and trustee agencies and documentation incorporated by reference. 2,3b Project Description The Project Description section will detail the project location, background, and history of the project, discretionary actions, characteristics, goals and objectives, construction program, phasing, agreements, and required permits and approvals that are required based on available information. This section will include a summary of the project's local environmental setting for the project. Exhibits depicting the regional and site vicinity will be included in this section. 2.3c Initial Study Checklist This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four column layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no impacts. 2.3d Environmental Analysis Consultant will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised by City Staff, Caltrans, agencies and the community, and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified Environmental Analysts, CEQA experts, and Planners at Consultant. The Environmental Analysis section will thoroughly discuss the existing conditions for each environmental issue area, and identify short-term construction and long-term operational impacts associated with the project. The impact analysis will be in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics, Agricultural and Forest Resources, Air Quality, etc.). The thresholds for significance shall be September 19, 2013 Page 9 of 27 15 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project identified for every environmental issue. A brief discussion will be provided for all environmental issues determined to be No Impact or Less Than Significant Impact, explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will provide a detailed analysis of each issue, in the same order as these issues are provided in the IS/MND. The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the Environmental Checklist. This section will review the following issues: • Aesthetics, Light and Glare. This section will incorporate the results of the Minor VIA performed as part of Task 2.1h. The analysis will thoroughly discuss the existing aesthetic environment and visual resources. Visual impacts from construction activities, as well as long-term effects (view blockage, light/glare, etc.) will be discussed and evaluated. Mitigation measures will be provided as required. • Agricultural and Forest Resources. The project area is not designated for agricultural production or forest resources, thus, the IS/MND will confirm that no impacts would occur in this regard. • Air Quality. The air quality analysis will incorporate the results of the Air Quality Report to be performed as part of Task 2.1 a. A description of existing conditions in the project area will be provided. The results of the construction -related and long-term operational air quality modeling will be incorporated into the IS/MND. Mitigation measures will be incorporated to reduce impacts on a local and regional basis (if applicable). • Biological Resources. The results of the NES described as part of Task 2.1d will be incorporated within this section. A detailed description of the project setting will be included. Analysis of the project's impacts to both terrestrial and/or marine resources will be discussed. Direct impacts (construction within the channel) and indirect impacts (lighting and/or human activity due to the bridge) will also be analyzed. Mitigation measures will be included as applicable. • Cultural Resources. The results of the HPSR/ASR will be incorporated into this section. Existing conditions in the impact area will be discussed, and the potential for disturbance of subsurface resources will be analyzed. As noted above, the existing bridge was constructed in 1930, but substantially modified in 1984 and is not eligible for the National Register. • Geology and Soils. Based upon the Geotechnical Investigations performed under Contract No. 5128, the analysis will identify existing regional and site specific geologic and soils constraints. The project will be evaluated for its potential to expose people or structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic -related ground failure (i.e., liquefaction), and landslides. Project areas potentially subject to significant grading impacts, existing topography and landform modifications, and wind/water erosion potential of the soils will be evaluated. Unstable geologic units/soils will also be evaluated. This section will also identify recommended mitigation to avoid or reduce potential impacts to the extent feasible, such as erosion control September 19, 2013 Page 10 of 27 16 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project criteria and grading requirements, to ensure consistency with City of Newport Beach grading standards/policies. Greenhouse Gas Emissions. The IS/MND will incorporate the results of the Air Quality Study described in Task 2.1 a and will include a detailed analysis of impacts in accordance with the CEQA Guidelines. The IS/MND will include an analysis of project -related GHG emissions, indirect impacts, and energy consumption. Mitigation measures to reduce impacts will be included in the IS/MND, if required. • Hazards and Hazardous Materials. Based upon the Phase I ISA described as part of Task 2.1c, the IS/MND will include a detailed analysis of impacts in accordance with the CEQA Guidelines. The IS/MND will include an analysis of potential hazards and hazardous materials and mitigation to reduce impacts, if required. • Hydrology and Water Quality. This section will include the results of the WQTM and LHS described as part of Task 2.1e and 2.1i, respectively. The section will address changes in absorption rates, drainage patterns, storm drain improvement, and downstream affects. Consultant will also evaluate water quality conditions and identify water quality (NPDES) techniques/structures in accordance with local, State and Federal requirements. The potential for the project description to degrade water quality, interfere with groundwater recharge or expose people to water related hazards will be identified. • Land Use and Planning. The proposed project will be reviewed for consistency with City standards and policies, as well as careful consideration of adjacent uses. The interface of the project with nearby uses and, in particular, the uses immediately adjacent to the site will be studied. • Mineral Resources. Analysis will note that there is no effect of the project upon mineral resources. Noise. The Noise Technical Memorandum described under Task 2.1 b will be utilized within the IS/MND. A detailed description of existing noise conditions and sensitive receptors in the project area will be provided. The results of the construction -related and long-term operational noise modeling will be included within this section. Mitigation measures will be incorporated to reduce impacts to local residential sensitive receptors. Population and Housing. Consultant will provide a project specific analysis of potential growth -inducing impacts pursuant to CEQA Guidelines Section 15126(g). The basis for analysis will be population and housing data from the City of Newport Beach, California Department of Finance, and U.S. Census. The section will consider housing conditions and projections for the area. The section will discuss ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. • Public Services. As a bridge replacement project, it is not expected to generate substantial additional demand for public services. However, the discussion will focus on the potential alteration of September 19, 2013 Page 11 of 27 17 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project existing facilities, extension or expansion of new facilities, and the increased demand on services. Consultant will evaluate the ability of the project to receive adequate service based on applicable standards and, where adequate services are not available, will identify the effects of inadequate service and recommend mitigation measures. • Recreation. As a bridge replacement project, the proposed improvements would have a limited ability to affect recreational facilities in the project area. As such, the IS/MND will confirm that no impacts would occur in this regard. Transportation and Traffic. Based on the traffic study described under Task 2.1g, Consultant will develop significance conclusions under CEQA for project -related circulation and traffic impacts. Since the project will not increase roadway capacity over the long-term, this section of the IS/MND will focus on temporary construction impacts since the bridge would be constructed in half -sections. Mitigation measures/recommendations will be included as appropriate. • Utilities. As a bridge replacement project, the project is not expected to generate substantial additional demand for utility service. However, the discussion will focus on the potential alteration of existing utilities within and/or beneath the bridge and the availability of solid waste disposal capabilities during the demolition and construction process. • Mandatory Findings of Significance. This section will focus on cumulative effects and considerations. 2.3e Initial Study Determination The determination page will conclude the appropriate action based upon the IS/MND evaluation. 2.3f Graphic Exhibits The environmental document will include up to ten (10) 8.5'x11" or 11"x17" exhibits to enhance the written text and clarify the proposed project environmental impacts. Consultant will use state-of-the-art computer design equipment and techniques to create professional quality, black and white or full color exhibits, dividers, and covers for the environmental document and Appendices. 2.3g Administrative Draft IS/MND Consultant will submit ten (10) copies of the Administrative Draft IS/MND for review and comment by the City. Should additional copies be required, additional copies will be provided by Consultant at an additional fee. Consultant will also submit one (1) "check copy" of the final draft document, which will incorporate one complete set of comments received from the City. Changes to the draft document will be highlighted to assist the review. 2.3h Public Review Draft IS/MND With a conclusion in the IS/MND that no significant environmental effects will occur as a result of implementation of the project, a Mitigated Negative September 19, 2013 Page 12 of 27 18 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Declaration will be prepared. Following this determination, Consultant will prepare the Notice of Intent (NOI) to Adopt and the Mitigated Negative Declaration for City review. The NOI and Mitigated Negative Declaration will be attached to the IS/MND to fully explain the proposed project and its affects. Twenty (20) hard copies of the IS/MND (with appendices included in digital format), 20 compact discs containing both the IS/MND and technical appendices, one (1) camera-ready IS/MND original, and one (1) camera-ready original of the technical appendices will be provided to the City. Consultant will provide the submittal to the State Clearinghouse and additional distribution as directed by the City. Consultant will also post the NOI at the County Clerk at the onset of the public review period. 2.3i Responses to Comments Consultant will respond to comments received on the Draft IS/MND during the public review period. Consultant will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. This task includes written responses to both written and oral comments received on the Draft document (includes review of hearing transcripts, as required). The draft responses will be prepared for review by City Staff. For budgeting purposes, we have assumed a total of 16 hours to prepare the Response to Comments. Should the comments be excessive and require more than the budgeted time, this task would be revisited under a separate scope and fee. Consultant will provide ten (10) copies of the Responses to Comments for City review prior to incorporation into the final environmental document. Deliverables: Ten (10) Copies of the Draft Responses to Comments 2.3j Mitigation Monitoring and Reporting Program To comply with the Public Resources Code Section 21081.6 (AB 32180), Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through working with City staff to identify appropriate monitoring steps/procedures and in order to provide a basis for monitoring such measures during and upon project implementation. The MMRP will indicate the mitigation measure number as outlined in the IS/MND, a list of Mitigation Measures/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. Consultant will provide fifteen (15) copies of the Mitigation Monitoring and Reporting Program to the City. 2.3k FinallS/MND Consultant will prepare a draft final document for City review and approval. The Final document will consist of the revised Draft text, as necessary to address the comments received on the Draft document. The Final document will include a purpose subsection, reference the review process, comments received, responses and any required edits/updates to the Public Review document. Also included in the final document is the MMRP in accordance with Public Resources Code Section 21081.6 (AB 3180). Five copies (5) and one (1) camera-ready original will be provided to the City. Consultant will prepare the Notice of Determination (NOD), send it to the State Clearinghouse, and file the notice at September 19, 2013 Page 13 of 27 19 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project the County Clerk's office. This scope of work assumes that the City would be responsible for the payment of any required filing fees for the California Department of Fish and Wildlife (CDFW). TASK 3 — REGULATORY AGENCY & COASTAL DEVELOPMENT PERMIT APPLICATIONS 3.1 REGULATORY PERMIT APPLICATION Consultant will concurrently prepare application packages for a U.S. Army Corps of Engineers (Corps) Section 10 Rivers and Harbors Act Permit (Letter of Permission) and a Regional Board Section 401 Water Quality Certification. Each submittal package will generally include the following key items: • Application cover letter: The letter will be on Consultant letterhead and introduce the project and define the submittal document. • Standard Agency Forms: The most recent standard forms for each agency will be utilized. An attachment may be provided so that the complete project description and necessary detail is included. A detailed project description for improvements within jurisdictional areas will also be provided (including a discussion of best management practices). • Project Exhibits: Exhibits will illustrate key project features and help clarify written text. Anticipated exhibits include: Regional Vicinity Map, Site Vicinity Map, Project Photographs, Jurisdictional Map, and Project Site Plans. • Environmental Documentation: The environmental documentation section of the application package will include the Delineation of Jurisdictional Waters Technical Memorandum, Biological Report, and CEQA Documentation. • Application Fees: The Certification filing fee pursuant to the Regional Board's 2011 Fee Schedule (fees based on total project impacts) will be provided by the Client. This task includes one round of internal revisions. The deliverable for this task includes a draft (1 copy of each application) and final (1 copy of each application) for the City's file. One copy of each final application will also be formally submitted in a 3 -ring binder to the regulatory agencies. 3.2 REGULATORY PERMIT APPROVAL PROCESSING Consultant shall provide regulatory services for the processing of the regulatory applications through the Corps and Regional Board. The processing shall include required correspondence or telephone calls between the reviewing staff related to the permit or points of clarification and coordination with the biological consultant, if necessary. This task includes consultation with National Oceanic and Atmospheric Administration (NOAA) Fisheries. Typically agency comments are responded to via email; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments per each application package. This task includes the preparation of permit tracking logs for the Client throughout the permit process. Three (3) Permit Summary Reports will be submitted to the client once the agency approvals are obtained. This task will be billed on a time and materials basis. September 19, 2013 Page 14 of 27 20 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project Should additional time for processing be required, the client will be notified and work will continue on an approved contract augmentation. 3.3 COASTAL DEVELOPMENT PERMIT APPLICATION The proposed project is located within the California Coastal Zone and is therefore subject to the California Coastal Act. Per the Act, the proposed improvements qualify as a "Project" and would therefore be required to obtain a Coastal Development Permit (CDP). Consultant will assist the City in preparing the CDP application and processing the application through the California Coastal Commission (CCC). Consultant will prepare a submittal package for a CDP from the CCC. The submittal package is anticipated to include: a) Standard Permit Application; b) Appendix A: Declaration of Campaign Contributions; c) Appendix B: Local Agency Review Form; d) Appendix C: Mailing Labels (properties within 100' of project boundaries); e) Appendix D: Declaration of Posting; f) Project Site Maps; g) CEQA Documentation/Technical Studies (provided as part of Task 1); and h) Stamped/addressed mailing envelopes. Item h), stamped/addressed mailing envelopes, includes the preparation of mailing labels and envelopes for the CCC's mandatory public review/hearing mailing. This task assumes up to fifty mailing addresses. Additional envelopes can be prepared under a contract augmentation and City approval. 3.4 COASTAL DEVELOPMENT PERMIT PROCESSING Consultant will provide regulatory services for the processing of the CDP application through the CCC. The City does not have a certified LCP, and therefore, does not have authorization to issue Coastal Development Permits (CDP). The City does, however, have a Coastal Land Use Plan that has been certified by the California Coastal Commission. Consultant will submit to the City a pending development project package for the City's consistency review with the General Plan, Coastal Land Use Plan and Zoning regulations. Once that review has occurred and been determined to be in compliance Consultant will file for a coastal development permit with the Coastal Commission. The processing shall include required correspondence or telephone calls between the CCC reviewing staff related to the permit or points of clarification and coordination. This item includes up to two (2) meetings with the reviewing staff of the resource agencies during the application review process. A local LA, Orange, or San Diego County coastal hearing is counted as one of the two meetings. This task includes the preparation of three (3) formal responses to comment packages; additional responses can be provided under contract augmentation and City approval. September 19, 2013 Page 15 of 27 21 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project In the event additional funds are necessary the Consultant will address those funds necessary to proceed with the Client. Budget for this task will not be exceeded without express authorization from the Client. TASK 3 EXCLUSIONS: 1. Preparation of a Habitat Mitigation & Monitoring Plan (HMMP). 2. Fees associated with or required by the subject regulatory applications. 3. Permit Condition Compliance TASK 4— FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATE (PS&E) This scope of work is for final design bridge replacement and roadway improvements and will incorporate the following assumptions: • The limits of the Park Avenue bridge replacement and roadway improvements are from approximately Marine Avenue intersection to the Abalone Avenue intersection. • The Park Avenue Bridge will be replaced in three stages allowing for traffic across the Grand Canal through construction. A temporary traffic signal system will be necessary to control one-way traffic across the bridge during stage construction. Bicycle and pedestrian traffic will be accommodated during construction. • PCC pavement approaches will be removed and replaced, as required, to accommodate relocation of underground utilities. • Concrete sidewalks and ramps will be removed and replaced to accommodate the new bridge structure and comply with ADA design standards. • The existing landscape and irrigation improvements will be removed and replaced in kind. The existing monument sign structure will be replaced. • Alleys that intersection Park Avenue within the project limits will only be modified to tie into the revised profile of Park Avenue. • All active utilities will remain in use through the construction of the project. Temporary relocation of utilities may be necessary to facilitate bridge removal and reconstruction. • This scope of work does not include the acquisition of any form of right of way, private or public, temporary or permanent. • A Geometric Concept Plan will be developed to illustrate final geometric modifications and final lane widths. This Geometric Concept Plan will require final City concurrence prior to initiation of the final plans, specifications, and estimates. • Concept Stage Construction and Traffic Handling Plans will be developed to illustrate the 3 -stage construction alternative. The Concept Stage Construction and Traffic Handling Plans will require final City concurrence prior to initiation of the final plans, specifications, and estimates. • The scope of work is based upon the conceptual bridge replacement plans prepared by RBF Consulting, in coordination with the City of Newport Beach, during the Preliminary Engineering phase for this project. 4.1 RESEARCH/ INVESTIGATION/ BASE DATA REVIEW Upon notice to proceed, Consultant will research additional existing improvement plans, studies, record data, survey ties and notes, utilities, and other information relevant to the Project and within and adjacent to the project limits to supplement information obtained during the Project Geometric Approval phase. Consultant is responsible for conducting research at the City, County, utility companies and September 19, 2013 Page 16 of 27 22 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project maintaining current information throughout the Project. Consultant will review any additional existing drainage improvement drawings and master plans for local drainage facilities. 4.2 DESIGN SURVEY & RECORD BASE MAPPING Design Survey: Horizontal and vertical control will be established along Park Avenue from Marine Avenue to Abalone Avenue. Initial topography will be collected from building face to building face along Park Avenue and across the existing bridge deck. Topography along the Boardwalks will be collected for about 50 feet from Park Avenue Right of Way. Depending on accessibility alley flow line elevations will be collected for about 200' from Park Avenue right of Way. After topographic mapping is evaluated with design criteria, topographic surveys may be continued along alleys and boardwalks. The initial survey will require 3 days and additional surveys may require 2-3 days. Unless otherwise directed by the City, the basis of horizontal control will be North American Datum of 1983 (NAD 83), Zone 6, Epoch 2007, as published by the Orange County Surveyor. Coordinates will be expressed as grid values in terms of the U.S. survey foot. Unless otherwise directed by the City, the basis of vertical control will be the North American Vertical Datum of 1988 (NAVD 88) as published by the Orange County Surveyor. Field surveys will include obtaining locations, elevations and descriptions of topographic data from Right -of -Way to Right -of -Way. Topographic data collection will consist of locating the following items: • Curb, gutter, sidewalks and driveways. • Pavement areas including streets and asphalt berms. • Cross-section data on maximum 50' intervals. • Power poles, streetlights and traffic signals, and major signs. • Trees and major specimen plants, with trunk diameters greater than 6", including drip lines. • Above ground piping and structures. • Existing utilities including valves, pull boxes, meters, and vaults. • Storm drain and sewer structures and manholes, including rim and inverts. • Fences and Walls, building faces. • All major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks and natural ground. • Spot elevations at critical locations. All field topography shall be collected electronically for data processing. Consultant shall data process all topography in AutoCAD 2009 format. Deliverables will include an AutoCAD file compile at a scale of 1"=20' with 1 foot contours and a hard copy plot of the topography. The finished topographic map shall include the basis of horizontal and vertical control, North arrow, date -of -survey. Record Base Mapping: Consultant will conduct research at the County of Orange to obtain recent recorded maps and surveys pertaining to the existing streets right-of-way, alleys and lot lines within the project reach. A record land net base will be calculated from these records and geo-referenced to the project control September 19, 2013 Page 17 of 27 23 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project network. If determined by project design constraints that further survey is required to establish lot lines on the ground, then a separate task authorization will be prepared defining the additional scope of work and fee. 4.3 UTILITY COORDINATION Consultant is responsible for verification of the utility facilities that were identified during the Preliminary Engineering phase of the Park Avenue bridge replacement project. Consultant will prepare Utility Location Plans and develop a utility conflict matrix identifying all conflicts with the project. The utility conflict matrix will be provided to the City. Consultant will coordinate and work closely with the City and the anticipated involved utility companies (Southern California Edison (SCE), Time Warner Cable (TWC), and Southern California Gas Company (SCLC) to determine the need to relocate impacted lines. Consultant will coordinate and attend up to eight project coordination meetings; assuming two with each utility owner. It is assumed the utility companies (SCGC, SCE and TWC) will perform relocation design (interim/permanent) for their own facilities. Consultant will prepare the relocation design for the City owned facilities (water and street lighting). Consultant is responsible for coordinating electrical service points of connection with the SCE. Plans for any extension of utility service facilities up to the designated service point of connection will be prepared by the utility company. An allowance has been provided to perform eight potholes of existing utilities, and prepare and distribute utility base maps to affected utilities. Pothole locations shall be approved by the City prior to potholing. A pothole location map will be prepared summarizing the planned pothole locations. A utility relocation feasibility study will be prepared to evaluate existing systems and optimize relocations. Consultant will prepare utility record drawing request letters under City letterhead for City to mail to utility owners. If utilities are required to be relocated, City and utility owners will provide the prior rights determination. It is assumed the City will also prepare a Utility Relocation Agreement (URA) and Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA) for each prior right utility relocation within City right-of-way, as applicable. The City will also be responsible for all negotiations with the utility companies for cost responsibility, notices to relocate and processing the URA's for approval. URA's will also be prepared by the City for non -prior rights utility relocations. 4.4 GEOTECHNICAL ENGINEERING Geotechnical engineering services will be provided by Earth Mechanics, Inc. (EMI). Based on the conceptual bridge replacement plans prepared during the Preliminary Engineering phase, the new bridge will consist of 3 spans with a length of about 100 feet. The two piers inside the canal will be supported on 24 - inch Cast -in -Drilled -Hole (CIDH) pile extensions, and the abutments will be founded on the same pile type connected to a pile cap. It is anticipated that the liquefaction potential of the onsite soils to be high. The near -surface soils are also anticipated to be highly compressible. The liquefiable September 19, 2013 Page 18 of 27 24 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project and compressible soils will require additional foundation design efforts as compared to a similar bridge founded on competent soils. Geotechnical Field Investigation: The proposed field investigation includes the following: Design Element No. I Approx. Boring Borin s Depth Bridge Abutments 2 70 feet Bridge Access Ramp Retaining 2 25 feet Walls To limit cost, soil borings will not be performed inside the canal for the two piers; the two abutment borings will be used to interpolate for subsurface condition at the two piers. The borings will be drilled at the approach with traffic control. Boreholes will be excavated using a hollow -stem auger drill rig. Spoils will be mixed with cement for backfilling the boreholes. Asphalt concrete cold -patch or quick -set Portland cement concrete will be used to replace paving that will be removed to conduct the borehole drilling. Positions and ground surface elevations at the boring will be surveyed by others, if required. EMI will prepare a borehole location plan. This plan will be provided to the City and RBF, prior to the field investigation, for the purpose of securing the required encroachment permits. EMI will secure a permit from the City of Newport Beach. EMI field personnel will collect soil samples for laboratory testing at a vertical interval of 5 feet or 10 feet. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EMI laboratory. Traffic control will be established in accordance with the Work Area Traffic Control Handbook. Laboratory Testing: EMI will select representative soil samples for laboratory testing. Various laboratory tests will be performed to determine or derive physical and engineering characteristics of soils. The anticipated laboratory soil tests include: in-place moisture and density, Passing #200 Sieve, Atterberg Limits, direct shear, unconsolidated -undrained triaxial, consolidation, R -value and soil corrosion tests. Tests will be conducted in general accordance with California Test (CT) methods or American Society for Testing and Materials (ASTM) standards. Geotechnical Engineering Analyses: Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create an idealized profile for design purposes. The following analyses will be performed for the project: • Determine an ARS curve using the Caltrans online web -based tool, Version 2. • Evaluate liquefaction potential and seismically -induced settlement. • Evaluate liquefaction induced lateral spreading at the approaches. • Determine axial capacity. • Provide lateral pile resistance or LPILE input parameters for the CIDH piles. September 19, 2013 Page 19 of 27 25 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project • Provide spread footing design data for retaining walls. • Evaluate soil corrosivity. • Calculate flexible pavement structural sections at the approaches. Report Preparation: EMI will prepare a Foundation Report. The format of this report will generally follow Caltrans Guidelines for Structure Foundation Reports dated December 2009. If necessary, we will also prepare a short technical memo for bridge type selection. Assumptions:. Hours and costs are based on the scope of work described herein and the assumptions listed below: • Allowable period for travel lane and shoulder closures (for field investigation operations) is 9:00 am to 4:00 pm daily. • No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, EMI will terminate our work and notify you. • There is no permit fee. • Canal work is limited to global stability assessment of channel slopes below the bridge soffit. • Retaining walls are cantilevered walls on spread footings. • There is no Caltrans review of the foundation report. 4.5 HYDROLOGY & HYDRAULICS REPORT Consultant shall provide engineering services for the drainage design for the Park Avenue Bridge and will consist of preparation of a Hydrology & Hydraulics Report. The Hydrology approach will be comparison calculations of the existing and proposed hydrologic conditions and flow patterns for the areas of local streets subject to street improvements. The hydrology calculations will form the basis of design for the hydraulic analysis of existing catch basins and street flooded widths impacted by the street improvements, and for the and sizing of the replacement catch basin facilities. The study area for the hydrology analysis will be limited to the surface water runoff directly tributary to the street improvements. Consultant will prepare a drainage report to address the existing drainage condition and the proposed design. This report shall consider the hydrology for each existing inlet at all four quadrants of the Park Avenue Bridge, but shall not address the capacity or interception of neighboring drainage systems. Total watershed area tributary to the existing site storm drain systems is not expected to change as a result of the project, and a new offsite hydrology analysis is excluded from this work. Existing neighboring drainage systems are assumed to provide an adequate level of protection, and run-on flows from existing systems will not be considered. Deficiency upgrades of the existing on-site drainage systems within the right of way that are physically impacted as a result of the bridge improvements are included in the scope of work. Deficiencies due to other reasons will be presented for a policy decision by the City to incorporate into the project design and construction with scope and fee negotiated accordingly. Flooded width on the Bridge and Bridge approaches will be verified using normal depth. Deck Drains are not anticipated on the Park Avenue Bridge. Street normal depth and catch basin interception calculations will be prepared using the results of the hydrology study to compare the existing and proposed condition. This comparison will be used to demonstrate that the City's existing September 19, 2013 Page 20 of 27 26 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project street flooded width and flood protection levels are maintained. A range of tidal elevations such as Mean Higher High Water (MHHW), Diurnal Tide Level (DTL), and Mean Sea Level (MSL) will be used to evaluate the hydraulic performance of the storm drain systems during the design storm event. Selection of the hydraulic control and design storm event will be made with the cooperation and guidance of the City. Storm surge will not be considered in the canal. The capacity and hydraulic grade lines for the mainline storm drains will be evaluated using a standard step hydraulics model such as WSPG. 4.6 WATER QUALITY MANAGEMENT PLAN A Water Quality Management Plan (WQMP) for the project improvements will be developed with input from the City. The WQMP will be prepared per the requirements and standard template provided by the City. The WQMP will be consistent with the requirements of the current Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). 4.7 GEOMETRIC CONCEPT PLAN Consultant will develop a Geometric Concept Plan that will. illustrate final geometric modifications, lane widths and vertical profile. This Geometric Concept Plan will require final City concurrence prior to initiation of the final plans, specifications, and estimate. 4.8 STREET IMPROVEMENT PLANS The Consultant shall prepare the following roadway improvement plans, and the plans will include the design and profiling of all parkway curbs and roadway centerlines. All plan types shall be completed in conformance with the latest available design, drafting, policy and procedure manuals of the City of Newport Beach. Plans will be submitted as follows: • 35% (Preliminary Design to City) — 11x17 bond of roadway typical section and layout • 65%— 11x17 bond • 95%— 11x17 bond • 100% (Final to City) — 11x17 bond and 2436 bond September 19, 2013 Page 21 of 27 27 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The following is a listing of plan sheets with corresponding English scale: Task Plan English 4.8a Title Sheet Varies 4.8b General Notes/Construction Notes Varies 4.8c Typical Cross Sections Varies 4.8d Construction Details Varies 4.8e Key Map Varies 4.8f Plan and Profile Sheets 1" = 20' 4.8g Storm Drain Plans, Profiles, and Detail Sheets Varies 4.8h Stage Construction and Traffic Handling Plans Varies 4.8i Signing and Striping Plans Varies 4.8j Street Light Plans 1" = 40' 4.8k Retaining Wall Plans 1" = 20' 4.81 Landscape and Irrigation Plans 1" = 40' 4.8m Erosion Control Plans 1" = 40' Note that the professional fees established for the various types of plans are based on the following: All plan types for all phases will be prepared in City of Newport Beach plan format on City of Newport Beach plan sheets. All plans will be processed through the City of Newport Beach. The existing off-site drainage patterns will be maintained and conveyed. No interim drainage systems are assumed to be required to maintain existing drainage patterns in order to facilitate the construction of the roadway improvements. All ultimate/permanent drainage systems will be shown on the storm drain plans. This task specifically excludes maintenance agreements, environmental permits and documentation, flood plain revisions, and CLOMR/LOMR processing. Drainage plans, profiles, and quantities based on the drainage report. The drainage plans will be prepared in accordance with City of Newport Beach Standards and Plans and supplemented with Orange County Public Works (OCPW) Standards, Plans, and Manuals (Hydrology, Local Drainage, and Flood Control Design Manuals). The scope of the drainage plans is based on replacing, rehabilitating, and reconstructing the four existing storm drain inlets and pipe outlets. Replacement pipe outlets into the canal are anticipated where the bridge abutment construction will conflict with the existing outlets. No additional outlets are to be provided. Four (4) outlets are included in this scope of work. Energy dissipation such as rip rap or concrete energy dissipaters are not currently present and will not be designed as part of this September 19, 2013 Page 22 of 27 28 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project project. Pipe outlets will terminate at the existing location wherever possible, and not be extended further into the channel. Where the pipe outlets may be protected, and the pipe is deemed sound, the pipe outlet will be preserved. Replacement of the existing manual flood gates in-kind or with automatic valves (i.e. Tideflex®) will be evaluated with city staff. Treatment BMP facilities as identified the WQMP (described elsewhere) will be incorporated within the Drainage plans to the Maximum Extent Practicable. The consultant understands that storm drain systems are owned and maintained by the City of Newport Beach. Transfer of the storm drain to OCPW, or processing these improvements through outside agencies such as OCPW Property Permits or the US Army Corps of Engineers is an optional service that is not currently included in the fees associated with this task. Preparation of a SWPPP and Temporary Water Pollution Control Plans and activities associated the latest General Construction Permit are not included in this task. Roadway Erosion Control Plan will be for illustrative purposes only and will not be submitted as a part of the roadway improvements plan set. The roadway erosion control plan will be a part of the bid specifications and will be a part of the overall Master SWPPP by the City of Newport Beach. No separate SWPPP specified for the roadway improvements is included in this scope. • Existing utilities will be shown on the plans per information obtained through existing as-built/record drawings as provided by the utility companies and the City of Newport Beach. • All roadway edge grading will be coordinated with and join adjacent existing improvements. The existing grade/surface condition is expected to be the base roadway elevation for the new roadway design. • No rehabilitative roadway grinding and overlay of existing roadway surfaces is assumed to be included in the scope of work. • Streetlights shall be shown per City standard and located on separate plan sheets. All electrical conduit plans and electrical load calculations will be prepared and coordinated with the City's Utility Services Department. One (1) concept level stage construction and traffic handling plans will be prepared for the replacement of Park Avenue Bridge. The concept will be based upon the 3 -stage construction alternative developed during the Preliminary Engineering phase. The first stage of construction consists of replacing existing half of bridge and maintaining one lane traffic lane during the construction. The second stage will consist of shifting the traffic to the newly constructed bridge and replace the remaining half of the bridge. This concept will require either flagging operation or temporary traffic signal for the entire duration of the construction. All stage construction and traffic handling will be developed per the requirements of the City of Newport Beach, Caltrans, and M.U.T.C.D. Standards. • Consultant will prepare 1"=20' scale retaining wall plans for standard Caltrans Type 1 retaining walls. A total of 400 feet of standard Type 1 walls retaining September 19, 2013 Page 23 of 27 29 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project are anticipated. Nonstandard retaining walls not included in this scope of work. • The following plans and reports will not be required as a part of this task: o Demolition and Removal Plans o Construction Staking and Survey Control Plans o Utility Relocation Plans o Roadway Cross Sections 4.9 BRIDGE REPLACEMENT PLANS Bridge Advance Planning Study: Consultant will prepare an Advance Planning Study (APS) in support of the Environmental Document/Project Study Report to develop a feasible structure type and cost considering the existing bridge, roadway and other conditions for the bridge widening. The APS will investigate and determine the structure length, width and type, span lengths, structure depth, railing types, including temporary rails, pier locations and types of footing supports, vertical and horizontal clearances, location and slopes of cuts and fills, slope protection, approach slabs, and stage construction. Consultant will coordinate with roadway engineer on roadway issues, the hydraulics engineer for hydraulic studies, and the geotechnical engineer for bridge foundations. The APS will consist of one plan sheet showing the basic bridge plan, elevation, profile, typical section, and estimated cost summary in accordance with guidelines set forth in Caltrans Memo to Designers 1-8 and State Local Assistance Procedures Manual and Local Assistance Program Guidelines. The APS will include a Design Memo summarizing all the critical assumptions of the design. Bridge Type Selection: Consultant will perform a Bridge Type Selection Study on the preferred structure type brought forward from the Bridge Advance Planning Study. The Consultant will update the APS and perform preliminary calculations to determine the substructure dimensions and foundations, modifications and retrofit of the existing bridge. Consultant will then prepare a Bridge Type Selection Report consisting of a Bridge Type Selection Recommendation making note of all critical assumptions of the design, Bridge General Plan, preliminary construction cost estimate, preliminary hydraulics report and preliminary foundation report. The General Plan will present plan, elevation and cross- sectional views of the selected bridge type. The Bridge Type Selection Report will be submitted to the Client for review and authorization to begin final design of the bridge. 65% PS&E: Upon receipt of the City's written approval of the selected bridge type, Consultant will prepare the 65 percent plans (unchecked details). All structure design calculations and plans will conform to Caltrans and any Client requirements and will be submitted for review by the client. The bridge will be designed by a California -registered civil engineer in accordance with the applicable provisions of the following manuals: • Caltrans Bridge Design Specifications (LRFD); • Caltrans Seismic Design Criteria (SDC); • Caltrans Bridge Memos to Designers; and • Caltrans Bridge Design Aids; September 19, 2013 Page 24 of 27 30 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project The level of effort is based on the baseline Concrete Precast/Prestressed girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. A set of draft plans (unchecked details) will be prepared in AutoCAD 2010 in accordance with the applicable provisions of the following Caltrans manuals and in conformance with any Client requirements: • Caltrans Bridge Design Details; • Caltrans Plans Preparation Manual; and • Caltrans Plans, Specifications, and Estimates (PS&E) Guide Assumed baseline alternative is a Precast/Prestressed box girder bridge. The following bridge plan sheets are anticipated: • General Plan — 1 sheet • Index to Plans — 1 sheet • Concrete Removal — 1 sheet • Foundation Plan — 1 sheet • Abutment Layout & Details — 4 sheets • Pier Layout — 3 sheets • Pier Details — 3 sheets • Typical Section — 1 sheet • Girder Layout— 1 sheets • Girder Details — 4 sheets • Joint Details — 1 sheet • Barrier Details — 2 sheet • Utility Details — 3 sheets • Miscellaneous Details — 2 sheets • Caltrans XS Details — 3 sheets • Log of Test Borings (by others) A complete bound set of design calculations will be prepared and submitted to the Client for review. Bridge Independent Check: A California -registered RBF civil engineer who is not directly involved in the initial design of the structure will independently check the bridge design. The independent check will be performed in accordance with the applicable design criteria and will include generating independent check design calculations and review of the plans and special provisions. This also includes a QA/QC review of the plans and specifications by a senior bridge engineer. Any significant differences between the initial design and the independent check will be resolved between the two licensed engineers until substantial agreement on the final design is achieved. Any required changes will be made to the design and construction documents. The level of effort is based on the baseline Precast/Prestressed girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. September 19, 2013 Page 25 of 27 31 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project 95 % PS&E: RBF shall prepare 95 percent PS&E for review and approval of the City. The 95 percent PS&E shall include 65 percent PS&E updated in response to comments from the City and the bridge independent check. The Special Provisions for the roadway and bridge will be based upon Caltrans Standard Special Provisions (SSP's). Consultant will prepare technical Special Provisions for bidding to be included by the client in their bid documents. It is understood the Client will incorporate the Caltrans Standard Specifications and project SSP's into their bid documents (i.e. Notice to Contractors, Instructions to Bidders, Contractor Forms, etc.) and coordinate the specifications with any other non -bridge bid items. The Consultant will prepare itemized quantity take -off calculations and a construction cost estimate for the bridge and roadway construction. 100% PS&E: Following the reviews by the City, agreed-upon revisions shall be made to the 95% PS&E. The specifications, half-size plans, and other bid documents will be submitted to the City for final approval. Final PS&E: After receipt of final approval, an original set of stamped and signed plans and an engineer's estimate will be submitted to the City for its use in developing bid documents and soliciting construction bids. The Consultant shall provide the quantity calculations to the City for use in administering the contract. 4.10 WATER RELOCATION PLANS Consultant will prepare improvement plans for the domestic waterline relocation. It is assumed that the waterline improvement plans will be included as a part of the City's plan set (for the bridge and roadway design), utilizing the City's CADD border. The pipeline will be designed to meet the design standards and requirements of the City of Newport Beach. It is anticipated that two plan sheets will be required, a plan and profile sheet (1"= 40' H, 1"= 8' V scale), and a detail sheet. Consultant shall submit the 65%, 95% and 100% complete drawings to the City for review. Consultantwill incorporate the necessary comments for a final approval. 4.11 TECHNICAL SPECIFICATIONS & BIDDING PHASE/CONTRACT DOCUMENTS Consultant shall develop technical specifications as special provisions in conformance with City's format. This scope of work shall include the preparation of the technical specifications as referenced to the latest edition of the "Greenbook" Standard Specifications for Public Works Construction. Consultant shall develop contract documents in conformance with City's format. The City will provide a standard bid/contract document template for use in preparing the final project bid/contract documents, and the City will provide all regulatory and agency permits and reference materials to be included in the City's standard contract documents. 4.12 COST ESTIMATE Consultant will prepare a final estimate of construction quantities and costs based upon the approved final drawings utilizing the current edition of the Caltrans Contract Cost Data book and recent construction bid information. The September 19, 2013 Page 26 of 27 32 of 40 CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project specific construction items will be verified with contractors and up-to-date construction management cost data to account for current cost increases and material cost trends. The final detailed engineer's estimate of the project costs will be structured per City format. 4.13 PLAN CHECK REVISIONS/APPROVALS/LOCAL AGENCY PERMITS Consultant will process the completed plans for the purpose of securing appropriate approvals and permits from the City as required. Submittals to agencies shall include all plans and required backup data for review. Consultant will receive written comments from all participating agencies and review with City. Consultant will draft a response to all agency comments at one time. Consultant will then meet collectively with all participating agencies to resolve outstanding issues relative to agency comments. Consultant will then prepare final dispositions for each review comment for submittal to the Agencies. Consultant will make revisions to PS&E documents following plan check for second plan check submittal and provide final revised quantity take -offs and cost estimates. When revisions have been made, Consultant will obtain signatures and provide the requested number of stamped plans to the City. TASK 4 SCOPE ASSUMPTIONS: 1. No aerial topography is included in this scope of work. 2. A Traffic Management Plan (TMP) is not anticipated for this project. 3. Phase II hazardous waste assessments and implementation of environmental mitigation measures are not included in this scope of work. 4. No new fire hydrants shall be assumed to be required for this scope of work. 5. No soundwall plans are included in this scope of work. 6. The City shall contract separately with a right-of-way agent to facilitate right- of-way appraisal and acquisition, if required. 7. Boundary and centerline surveys and right-of-way monumentation after construction are not a part of this scope. TASK 5 — CONSTRUCTION SUPPORT 5.1 CONSTRUCTION BIDDING PHASE SUPPORT Consultant will provide construction bidding phase support services during the contract advertising period. Consultant will attend one (1) pre-bid meeting and develop contract documents in conformance with City's format. This task shall include the preparation of three (3) project limit exhibits on 8 1/2 x 11 page size format. Preparation of a response to bidder questions and preparation of one (1) addendum document is included in this scope. City shall provide required permits and reference materials to be included in the standard contract documents. September 19, 2013 Page 27 of 27 33 of 40 :l: 4001"Ill 11,111 Ili RBF CONSULTING Page B-1 34 of 40 v <x< {acEmExi Euylaoxn�EMµ4FlxaL OE51Gx FFPNCF4 ® �EI9�iili�®LFII®�m•�}:'1���®d{m - EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01. covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented RBF CONSULTING Page C-1 36 of 40 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributor/. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this RBF CONSULTING Page C-2 37 of 40 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change, If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance, under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RBF CONSULTING Page C-3 38 of 40 Park Avenue over Grand Canal Bridge Replacement Project PROJECT SCHEDULE CONSULTING A Z= Companv 2013 2014 2015 2016 W GCT to OEC IW FEB MOR APR MAY JUN JUL AUG SEP 09 Nw OEC IAN a OR APR MAY JUN JUL AUG 59 09 M OH IAN FEB M111 APR BAY JUN JUL AUG SEP OR M DEC MF nthan3nental DYLYLrIMt Coastal Commission / Regulatory Approval ♦ Submit Coastal Commission Application ♦ 35% Submittal ♦ Coastal Commission Hearing 65% Submittal 95% Submittal ♦ 100% Submittal Contract dvertise, Award Administer ONE WAY TRAFFIC OVER GRAND CANAL QV V� A f 8041, Back B Vf" Park 0 O` v� rp 1%, OR , ll ;:i;7"10NTORy ORF ASrNWyt BAYS10E 0R Attachment B BpNN�E OppNF � k 00(Ay�'L BALBOA /SZ 2 �,A, cR�ulfN SAY �Nt A; LEYN "40 Z PARK AVE BALBOA ISLAND C",4 NIVEL Penin,uh P..k PARK AVENUE BRIDGE REPLACEMENT PROJECT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5128 40 of 40 October 8, 2013 To: Newport Beach City Council Subject:Park Avenue Little Island Bridge "RECEIVE®AR gGENDA� PRINoED!' S /0.9 f3 My name is John Kensey. My wife, Linda, and I live on the Little Island at 305 East Bay Front. In the almost 10 years since the subject of the replacement/retrofit of the Little Island Bridge has been under consideration, we have been concerned that it be done properly with full consideration of the tradeoffs between costs, safety (i.e. fire and police access to the Little Island) and only lastly, inconvenience to the residents. Ever since the subject of a bridge replacement was first brought up to the Little Island Residents in a meeting held on July 17, 2004, the plan for replacement called for the employment of a temporary two lane bridge on Balboa Avenue and the closure of the Park Avenue Bridge during construction. At that time, one of the residents who lived at the corner of Abalone Avenue and Balboa went "ballistic" and tried to shoot down the temporary bridge concept, but he was apparently unsuccessful and has since sold his home and moved away. As recently as December 2011 the plan had been to employ a temporary bridge over the canal at Balboa Avenue (see attached material including a Little Island newsletter referencing a meeting the Ed Selich and Jeff Herdman had with Dave Webb and Tom Sandefur which stated that "Obviously, a temporary bridge is include in the overall plans that would be a pre -fabricated metal bridge at Balboa Avenue. The cost of this temporary bridge is included in the Federal funds". Accordingly, Linda and I were very surprised to learn at a meeting held for the Little Island residents on Saturday, March 16th that the temporary bridge alternative appeared to have been discarded and instead replaced by a plan to use an approach whereby the bridge would be replaced one lane at a time with controlled access to and from the Island. At the meeting we asked Pat Thomas two questions: o Who made the decision not to install a temporary bridge and the end of Balboa Avenue? And o Was the decision made on the basis of economics? We did not receive an answer to the first question but the inference was that the decision was made after consultation with an unnamed body and was made so as not to inconvenience the residents who live on or close to Balboa Avenue (I am one of those residents and I was certainly not consulted). I was appalled to learned that there had not been an economic study of the temporary bridge alternative as it frankly seems intuitively obviously that it would be far more expeditious to build the new bridge in one step and therefore more cost effective. We subsequently met with Pat Thomas and Fong Tse (March 25th) and pointed out that: o A one lane, controlled access bridge can present a serious potential life and death hazard if the bridge becomes backed up thereby limiting the access of emergency vehicles. The population of the Little Island is rather elderly and minutes, even seconds, count in the treatment of strokes and heart attacks. o Construction of the temporary bridge has clearly been judged to be feasible as evidenced by that fact that it was always contemplated as late as December 2011 and there have been Page 2 — Memo to Newport Beach City Council re Park Avenue Little Island Bridge preliminary engineering studies in this regard. Attached to this memo are the several references to this as the planned approach of a temporary bridge. o We noted that the principal objector to the temporary bridge approach when it was presented a few years ago was a property owner who lived on the corner of Balboa and Abalone. This person no longer owns the home there. o Finally and most importantly, we stressed our position that the decision as to which approach to take should be made the professionals involved —the City engineers, who need to do an economic and engineering study of the alternatives and the safety experts (i.e. the fire and police departments) who need to evaluate the safety risks of having limited access to the Little Island. While the residents' opinions should of course be considered, the final decision should rest with these professionals who have the ultimate responsibility. In this regard, as we assumed that the unnamed body was the Little Island Board of Directors and we observed that it is an unelected, volunteer group and as such, its leadership has no formal standing as a representative of the residents and may only be expressing their own opinions. Pat and Fong indicated to us that at the time of our meeting, no decision has been made as to whether or not to use a temporary bridge (the presentation on March 16`" notwithstanding) and assured us that both: • The alterative of whether or not to use such a bridge will be evaluated from both an economic and safety standpoint and a There would be ample opportunity for us and any other interested party to examine at least a summary of this evaluation well before a final decision is made —the City Council being the ultimate decision maker. In subsequent discussions with Pat both by phone and email since our March meeting he has indicated that the cost and safety study of the alterative of whether or not to employ a temporary bridge would be a part of the work to be performed by the City's outside engineering consultant— Item C 5. on tonight's agenda. Accordingly, imagine my surprise on reading the proposed Amendment to the Professional Service Agreement to learn that such a safety and cost study is not a part of the proposed services to be performed by the consultant. In the entire 40 page document there is only one reference to the temporary bridge alternative with the balance of the document appearing to assume that the one lane, controlled access has already been decided as the approach to employ: o Page 13, 2.1g Traffic Study — there is mention that the "traffic study will analyze three potential deconstruction/construction traffic condition scenarios under consideration" —one of which is the temporary bridge alternative. o Page 22, Task 4—third bullet states that the assumption is that the final design will be based on a controlled one-way traffic approach. o Page 29, penultimate paragraph states that the "first stage of construction consists of replacing existing half or bridge and maintaining one lane traffic during construction". Either someone or some group has made a firm decision to employ the one lane controlled access approach without the benefit of a formal cost and safety analysis. Or, the first phase of this engineering study should be to perform this analysis. If a decision has been made, as a Newport Beach resident, I demand to know on what basis the decision was made and by whom. If a decision has not been made and the temporary bridge alternative is still Page 3 — Memo to Newport Beach City Council re Park Avenue Little Island Bridge under consideration, then the proposed contract with the consultant should be modified to provide for an initial phase to perform an economic and safety study. Let me reiterate my position: o The decision should be based on a professionally conducted engineering and safety study. If the cost of employing a temporary bridge is higher than the tradeoff between cost and safety should be made by the Council — not an unelected group. o As for safety, it is clear that the one -lane approach will slow down traffic (including emergency vehicles). Seconds count when dealing with health and fire emergencies and no one can be positive that the single lane will not be impaired by an inoperative piece of construction equipment. There are many elderly residents (at 77 1 am one of them). No one should have their 911 call response impeded to save a few thousand dollars — if indeed the temporary bridge alternative is more costly—which I doubt. Windows Live Hobnail Print Message Page] of? VAndows Live RE: Little Balboa Island Bridge Status From: Badum, Steve(SBadum@city.newport-beach.ca.us) Sent: Mon 9/10/07 6:01 PM To: Ronda Mottl (rondamotti@msn.com) Cc: Bludau, Homer(HBludau@city.newport-beach.ca.us); Selich, Edward (edselich@adelphia.net) The Grand Canal Bridge to Little Balboa Island was last inspected an August 23, 2006 and is inspected by the State every two years. The existing structure was originally constructed in 1928- The City replaced several piles in 1963 and performed some general rehabilitation work in 1983 The State has determined the bridge to be safe, but has noted that it does not meet the current seismic codes. Therefore, they have rated it as Functionally Obsolete. The bridge is eligible for replacement/repair funding under the current State and Federal programs. In 2003, our structural consultant, Dokken Engineering, examined what work would be required for a potential seismic retrofit and found that the cost to retrofit approaches the cost to replace the bridge. One of the difficulties with working on this bridge is that the limited space requires the full closure of the bridge during construction for either retrofit or replacement scenarios. In order to close the bridge for construction, it will be necessary to place a temporary bridge over the Grand Canal at Balboa Avenue. During the summer of 2004, former Councilman Bromberg held a Town Hall Meeting to discuss this issue. At that time there was not a consensus as to which approach to take. retrofit or replacement. Additionally, the idea of a temporary bridge at Balboa Avenue was quite controversial. Ed Selich has recently asked the Public Works Department to revisit this issue with the community. We anticipate scheduling a community meeting sometime this fall. I hope this answers your questions regarding the current status and if you have any additional questions, please contact me at your convenience. Steve Badum Public Works Director City of Newport Beach 949-644-3311 sbadum@city.newport-beach.ca.us From: Bludau, Homer Sent: Monday, September 10, 2007 8:07 AM To: 'Ronda Mottl'; Selich, Edward Cc: Badum, Steve Subject: RE: Little Balboa Island Bridge Status Ronda, I will forward your e-mail to Public Works Director Steve Badum. He will provide you the information that you seek. Thanks. Homer From: Ronda Mottl [mailto:rondamotti@msn.com] Sent: Monday, September 10, 2007 7:45 AM To: Bludau, Homer; Selich, Edward Subject- Little Balboa Island Bridge Status Good morning Ed and Homer! I hope you both had a terrific summer. hap://by 117w.bay 117.mail.tive.com/mail/PrintShell.aspx?type=message&cpidg=e7e9aa45... 9/11/2007 Little Balboa Island Property Owner's Association Board Meeting .lune 17,''009 M 1NUTES Meeting was held at the home of Walt and Sue Richardson and called to order at 7:30 p.m. Board Members present: John Cunningham, Mickey Dunlap, Bing Girling. Donna I lanunond, Jeff Herdman, Ed and Mary Antic Bunt. Linda Kensey, Dan Mariscal, and Walt Richardson. Guests: Dave 'tVebb. City Engineer and Tom from City of Newport Beach Minutes from the May 27. 2009 board meeting were approved as written. Treasurer's Report; After expenses for June of 5729.36 there was a balance of $9.482,72 in treasury. Little Island Bridge: Dave and Tom from the City attended the board meeting and talked about the Little Island bridge. They explained that the bridge was built in 19330 and that the state bridge engineers recommend it be replaced. If not replaced in the future there will probably be weight restrictions put on it - barring vehicles over a certain weight from using the bridge which could eliminate fire engines, trash trucks, etc. from coming on Little Island. Dave explained that it would take 3 to 5 years for actual work to start on the bridge once it was put in the cycle for replacement. lie said they would see ifthe present "shape" ol'the bridge could be reconstructed with the new bridge. Dave further explained that funding at the moment would be covered 88% by the federal government and the rest of the cost would be covered by the state so cost to City would be zero. He also said that parts of the bridge could be built off-site and assembled in place thus reducing the time the bridge would be under construction by many months. He concluded his talk by saying that the bridge was the property or the City of Newport Beach and the decision of what happened to it was up to the City. Summer Meeting Series: June 20°' mecting will start at 9:30 ANI with a short talk by Tawnia Pett of Orange County Vector Control. Then open forum for Little island Board or Directors. Jeff has made up signs for members with their names and duties and asked that they give a short summary- of what they do on the Board. Then anyone that has any questions can ask them. July 10' meeting - will just be Steve Lewis, Newport Beach Fire Chief, Mickey will remind him of the meeting. August 15"' - Mayor Ed Selich September 13°i - In -N -Out truck. Nlission Statement The Little Balboa /slam/ Property Owners' Assaciation is dedicated to maintaining a .safe, eiO rahle, and harmonious neighborhood while increasing the value gots nrenrbers' property. I Meet Your Nei,>hbor — by Ken Yonkers, Vice -President Dr. Richard and Susan Mays have been married for 49 'h years! He was born in Santa Barbara, and she in Sacramento. They met at a USC party (even though she attended the University of Pacific). Both of diem enjoyed Balboa Island as kids. Dick still has a photo his Mother took of the Pavilion in 1917. Susan (maiden name Palmer) attended Marlborough Girls High School in says there are almost a dozen (out of a class of 80) ladies in the Newport area that attended Marlborough and they still get together. Susan has many teaching credentials, and is fluent in Spanish. She majored in Spanish at the University of Pacific. Her latestjob before retiring was as a Regional Director for an Educational Program in Ventura County. Dick attended USC as an undergraduate and majored in zoology. He went on to graduate from USC's School of Dentistry. He also graduated from the University of St. Louis School of Orthodontics, a 3 year graduate program. After years or running an orthodontics practice in Westlake, he still teaches orthodontics part-time at USC. Dick enjoys boating, running, and paddling. Dick and Susan bought their current lot on Crystal Avenue in 1996. They built their beautiful home with meticulous detail (it took 2 '/ years to build!). They moved to Balboa Island Full time from their longtime home in Westlake in 2007. Chris & Kim are their children who have blessed them with five grandchildren. Sailing is "in their family" as their son Chris, and his Wife Julie, recently sailed around the world. Both Sue and Dick contribute back to our island community. Susan volunteers each year as a Docent in Balboa Island's Holiday Hotne'rour. Dick serves on the board for the LBIPOA. Los Angeles. She Little Island Brid c Replacement Update _2 (-)/ On Wcdnesday, December 14°a Councilman Ed Selich and I met with Dayc Webb, Deputy Public Works Director, City of Newport Beach, and Tom Sandefur, Civil En„ineer for the public Works Dept., to discuss plans for the replacement of the Little Island Bridge. At Ibis meeting I learned that the bridge, as u stands now, was last reviewed by the Federal Government in 2008. At that time the bridge was given a 4.5 rating out ofI.tl K seismic stability. Given the fact that the bridge fell tinder the 5.(1 rating. 1000o replacement costs I'or the bridge are available from the Federal Government. The JbIlowing three face justify the replacement of the Little Wand Bridge: I. It does not nice[ seismic standards: I The City has to keep spending money on the bridge to )veep it structurally sal: 3. 10015 replacement money is available. An additional fact is that the City is curromly dealing with an ADA lawsuit that a requiring the walkways on the bridge to be one ( I ) foot wider. This lawsuit also extends to the Big Island Bridge where in the nest couple of months you w ill sec hand ON being inmallod at either ends of the bridge. and the cobblestone sidewalks at the island end of the bridge will be replaced with Smooth surface sidewalks. One more additional last is that if the Little Island Bridge is not replaced, a possible waight restriction may be imposed because of the condition of the pifings supporting the bridge. I So learned that over the nest lour months the City will be completing ongineer designs for the new bridge (State Fundal). At that One island residents will be brought into the loop (probably at one of our summer meetingsh where concept deigns %011 be shared. 'file current footprint of the bridge w ill be maintained (thc storybook curve), however improved ramps. wider sidewalks, and enhanced charac(er to the bridge will be accomplished through handrails. street light. and landscape design. There is a possibility that the ramps will be redesigned [o extend directly clown to the street instead of the current zigzag design. I asked that the Construction of steps down to the board walks also be considered. The span of the bridge would be a "clear design underneath so that boats like a Duffy could pass under the bridge, however that won't be possible until the eel grass si umion is mitigated. and dredging of the canal can resume. 1Vc are looking a[ 4 in 5 )cars out bcRwc the bridge would be replaced. The reason fix this is mainly because of the approval process fix. Coastal and Tidelands Commissions 1. Because of improved teehnologj. how'ev er. the time iranhe for the completion of the bridge is just 3 to 4 months. For example, pre -rubricated steel frames would he dropped into place rather than the frames having to he built on-site. Obviously a tenhporar} bridge is includlcd in [lie overall plans [hat would be a pre-I'bluicated maul bridge at Balboa .Avc. The cost Fix this temporary bridge is included in the Federal funds. Until next iMonth...... leffand Ken COWAN L A W G R d C P October 15, 2013 Delivered Via Personal Delivery to Cijy Clerk Keith Curry, Mayor Rush Hill, Mayor Pro Tem Michael Henn, Council Member Tony Petros, Council Member Leslie Daigle, Council Member Edward Selich, Council Member Nancy Gardner, Council Member Aaron Harp, City Attorney Dave Kiff, City Manager Dave Webb, Public Works Director City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Re: Health and Safety Risks Park Avenue Bridge Deconstruction/Construction RECEIVED 2513 OCT 15 R 2, 34 OFFICE OF Tt JiMY CLR GIT,, r" ' ,'; O R -9,H Date t 5 l Copes Sent To: City Couneff City Manager City Attomey Fila Dear Mayor, Council Members, and Messrs. Harp, Kiff and Webb: This office represents Linda and John Kensey, who reside at 305 East Bay Front, on Little Balboa Island. At the City Council meeting held on October 8, 2013, Mr. Kensey expressed his concern with what appears to be the City of Newport Beach's plan to provide controlled, alternating traffic on a one -lane bridge at the Park Avenue location during the Park Avenue Bridge deconstruction/ construction as opposed to a two-lane temporary bridge placed over the Canal at Balboa avenue. The Kenseys believe that this approach will create a substantial health and safety risk to the residents of the Little Island. Accordingly, they strongly believe that the temporary bridge approach should be employed unless there are compelling economic and feasibility reasons against it. Through conversations with the City's engineering staff over the past six months, Mr. Kensey was led to believe that an economic and safety study of these two alternatives had not yet been performed, but would be the first step provided for in the contract for engineering work that the City Council was to approve on October 8u'. As it turns out this is not the case and, as Mr. Kensey pointed out, no such study is set to be performed. Rather, at the October 8"' meeting, the Council, after hearing Mr. Kensey's statement, was informed that it was the "advice of the consultants" to pursue the one -lane bridge approach. Mr. Kensey believes that to make such a decision without a formal study of the alternatives by competent professionals puts the safety of the Little Island 15 Corporate Plaza, Suite 100 • Newport Beach, California 92660 • T 949.333.0919 • F 949.203.6428 City of Newport Beach October 15, 2015 Page 2 residents at unnecessary risk and potentially exposes the City to costly claims should first responders be delayed in the event of an emergency. Many of Little Balboa Island's residents are elderly and have a greater risk of life-threatening health issues than the general population. It is, therefore, imperative that emergency vehicles be able to reach them without delay and, if necessary, transport them to medical facilities as quickly as possible. In many cases, even a few seconds of delay can mean the difference between life and death. The replacement of the Park Avenue Bridge has been in the planning stages for nearly 10 years. Until recently, conversations with City officials and the City's own documents all indicated that the City planned to install a temporary two-lane bridge to handle traffic between Balboa Island and the Little Island during the Park Avenue Bridge deconstruction/construction process. Presumably, this was the case because City officials understood that, in comparison to providing limited access on one lane of the existing Park Avenue Bridge, a temporary two-lane bridge would not only be a more expeditious and less expensive method of construction, but even more significantly, an important means of protecting the health and safety of Little Balboa Island's residents because it would allow emergency vehicles to travel to and from Little Balboa Island with minimal delay. As previously stated, the Kenseys attended the City Council meeting on October 8th and came away from the meeting with the strong impression that the City had made a decision not to use a temporary two-lane bridge, but instead to provide controlled access on a single lane of the Park Avenue Bridge during the deconstruction/construction process without the benefit of a formal study of the alternatives. Based on the health and safety issues mentioned above, and to a lesser extent cost issues, the Kenseys are extremely concerned that the City may be taking steps that will jeopardize the lives and health of the Little Balboa Island residents, and at the same time increase the cost of construction. Given the critical nature of these issues, we would appreciate a response from the City to the following questions: How, specifically, does the City intend to handle traffic to and from Little Balboa Island during the Park Avenue Bridge construction/deconstruction process if the one - lane approach is employed? How will emergency access be facilitated? 2. On what economic and feasibility factors is the City's decision to utilize the traffic scenario identified in Question No. 1 based? What studies, analyses or other documents support the City's decision to use the traffic scenario identified in Question No. 1? 15 Corporate Plaza, Suite 100 • Newport Beach, California 92660 • T 949.333.0919 • F 949.203.6428 City of Newport Beach October 15, 2013 Page 3 We would appreciate responses to the above questions by October 25, 2013 In addition, please consider this a formal demand, pursuant to California Government Code Section 6250 gt BgQ., for copies of all documents identified in the City's response to Question No. 3 as they may relate to both the due diligence the City performed in connection the decision to utilize the one -lane, controlled access approach and for minimizing the health and safety risks associated with the Park Avenue Bridge deconstruction/construction process. S' ce ely, Jose M. owan 15 Corporate Plaza, Suite 100 • Newport Beach, California 92660 • T 949.333.0919 • F 949.203.6428 PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PARK AVENUE OVER GRAND CANAL BRIDGE REPLACEMENT PROJECT THIS AGREEMENT F�'-O�R� PROFESSIONAL SERVICES ("Agreement") is made 1 and entered into as of this inday of M/a11A , 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and, RBF CONSULTING, a California Corporation ("Consultant'), whose address is 14725 Alton Parkway, Irvine, California 92618 and is made with reference to the following: IN*]III I_1I'i A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is exploring replacement alternatives for the Park Avenue Bridge over the Grand Canal. C. City desires to engage Consultant to provide preliminary design services for the Park Avenue over Grand Canal Bridge Replacement ("Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Brad Mielke. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Nineteen Thousand, Five Hundred Dollars and no/100 ($119,500.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. RBF CONSULTING Page 2 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Brad Mielke to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. Consultant's cellular phone number will be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Thomas Sandefur, Associate Civil Engineer or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. RBF CONSULTING Page 3 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ("Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the Work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the Work in accordance with the Agreement. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, subcontractors, or their Agents or employees, or of any other persons performing portions of the Work. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to RBF CONSULTING Page 4 property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. RBF CONSULTING Page 5 14. INSURANCE 14.1 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. 14.2 Proof 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. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non-payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per RBF CONSULTING Page 6 occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. 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) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 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. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 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. RBF CONSULTING Page 7 14.10 Additional 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty- five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As -Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days RBF CONSULTING Page 8 after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this RBF CONSULTING Page 9 Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES 27.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United RBF CONSULTING Page 10 States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Thomas Sandefur Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3312 Fax: (949) 644-3318 27.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Brad Mielke RBF CONSULTING 14725 Alton Parkway Irvine, CA 92618 Phone: (949) 855-5767 Fax: (949) 472-8373 28. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 29. TERMINATION 29.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 29.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all RBF CONSULTING Page 11 reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 30. STANDARD PROVISIONS 30.1 Compliance With all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.8 Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 30.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. RBF CONSULTING Page 12 30.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 30.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] RBF CONSULTING Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (4/1111 CITY OF NEWPORT BEACH, A California municipal corporation Date: Sl 10,11 By: By: I,- Aaron C. Harp Dave Ki City Attorney 11 City Manager ATTEST: Date: J By. NIA IV'U'�II,� Leilani I. Brown City Clerk .90"N_ CONSULTANT: RBF CONSULTING. a California Corporation Date:S�i�i 2 By: le. aAee42fee*Ie,4 sem...: V/ w- Date: [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RBF CONSULTING Page 14 EXHIBIT A Design Ser,' -es for the Park Avenue over Grand Canal Bridge Replacement Project C. SCOPE OF WORK The Scope of Work provided by RBF Consulting (Consultant), is based on the Request for Proposal for the Design Services for the Park Avenue Grand Canal Bridge Replacement Project (Contract No 4873) dated December 16, 2011 prepared by the City of Newport Beach (City). The Project involves preliminary engineering services to scope out the various options for the replacement of Park Avenue Bridge over Grand Canal in the City of Newport Beach. The project will be funded by federal HBR funds and subject to the provisions of the Caltrans Local Assistance Procedure Manual. We have tailored the scope of work to address the items as outlined on Page 2 of the RFP "Scope of Services" in order to provide specific tasks to accomplish the City goals, including the DBE and UDBE goals. TASK 1- PROJECT MANAGEMENT This task covers project management services including the requirements for meetings, schedules, progress reports, and administration of Consultant's work 1.1 Project Management Following are administrative duties, which shall be performed by Consultant during the Preliminary Engineering phase: s Supervise subcontractors and staff, coordinate, and provide Quality Control so that work is conformance with City and Caltrans standards and policies; $ Prepare, circulate, and file correspondence and memoranda as appropriate Deliverables: Management/Administration Support 1.2 Project Design Meetings Consultant shall attend meetings Project Design Team (PDT) including the designated City staff members. Appropriate Consultant staff members will attend the meetings to discuss the initial project objectives, goals, and report on progress of the project. The following PDT meetings are anticipated and included in the Scope of Work: • Initial Kickoff meeting to discuss the project requirements (Total = 7 Manhours) • Six (6) additional meetings to update the project progress to the City staff and others. Two of these meetings are anticipated to involve City Council meetings. (Total = 42 Manhours) • Two Public Information meetings where RBF staff will serve as the technical advisors to present information and address questions related to the C-1 CON9VLTINU Dos', Services for the��,...- o`/ Park Avenueovtt Fop Grand Canal A _ Bridge Replacement Project - architectural and engineering aspects of the project. As an added value, RBF will provide our expert Community Planner (Susan Harden) to assist in presenting the material to the Community. (Total = 38 Manhours) One meeting with CALTRANS representatives at the District 12 Office in Irvine, CA. RBF will prepare materials and present the technical information regarding the project (Total = 9 Manhours) Consultant will arrange meetings, provide discussion materials and agendas and develop and distribute meeting notes. In addition, Consultant shall prepare an action item matrix, document all project decisions and distribute correspondence copies to all PDT members and City staff as appropriate. Deliverables: Agendas Meeting minutes Action items Other project documentation as appropriate TASK 2 -Review Existing Bridge Plans and Records 2.1 Data Collection Consultant shall collect available project information made available by the City including existing topographic maps, Right of Way information, as -built drawings, maintenance records, bridge inspection reports, and other available materials related to the existing bridge (original design as well as improvements to date), adjacent roadways, and walkways. Deliverables: Record data 2.2 Utility Research and Identification Consultant shall coordinate with the utility companies and plot available as-built/record drawing information and data on plans. Additional utility company contacts and requests for as-built/record drawing information will be made, as necessary. Utility owners will be asked to verify the status of their facilities within the project limits. Consultant will coordinate and work closely with the City and utility companies to determine the need to relocate impacted lines, using City and Utility owner policy for high- and low-risk utilities. Deliverables: Utility base maps and location plans General utility coordination C-2 1" mw®uv,..o Cesign Sen,`.ces for the ?'•- _ j.��0 Park Avenue Grand Canal Eridge Replacement Projet � TASK 3 - Catalog Existing Bridge Deficiencies and Maintenance Problems Consultant shall review existing records related to known and documented structural deficiencies which should validate the need for bridge replacement versus retrofitting the bridge as stated in the RFP. In addition, maintenance records will be reviewed and reported in support of this finding. Based on the observations in the field we do not anticipate the need to perform additional structural calculations such as demand/ capacity ratios for any of the bridge components. The information will be presented in a technical memorandum Deliverables: Technical Memorandum - Existing Deficiencies and Maintenance Records TASK 4 - Bridge Type Study 4.1 Bridge Study Report Consultant shall prepare a Bridge Study Report which identifies options for bridge types, considering several issues including: • Appropriate bridge type alternatives, including single -span and 3 -span alternative, using precast concrete girders; • Construction staging considering staged construction alternatives and temporary access bridge; • Geometry- clearances for freeboard to water surface and vehicular site distance including potential exceptions to Caltrans standards; • Pedestrian circulation and ADA challenges; • Adjacent buildings, sidewalks, and landscaped areas • Parking • Utility layout and realignment; • Drainage and Water Quality; • Regulatory Permitting Agency Requirements; • Harbor Commission Requirements; • Aesthetics and Lighting considering barrier treatment, signage, monumentation, historical, and community concerns; • Construction Cost Estimates The Bridge Study Report will identify a preferred alternative and be prepared in a suitable format with sufficient detail for Caltrans review. The report will provide an in-depth narrative describing the conditions, engineering considerations mentioned above, and will include the following additional exhibits: Bridge General Plan for each bridge type alternative including Plan, Elevation, Profile, and Typical Section. Vicinity Plan and Site Plan indicating site constraints including adjacent buildings, sidewalks, and landscaping. C-3 W. Des'gn Serv*ces for the e Park Avenue over Grand Canal Bridge Replacement Project Roadway Geometric Plan including horizontal alignment with right of way, parking, street lighting, storm drains, profiles, cross sections, and utility locations. Stage Construction concept plans and sections including pedestrian circulation, traffic circulation, and temporary bridge concepts. Construction Cost Estimate for each design option using Caltrans Construction Cost Data. Deliverables: Bridge Study Report 4.2 Preliminary Geotechnical Report In order to provide appropriate estimates of foundation alternatives, EMI as a subconsultant to RBF will prepare a Structure Preliminary Geotechnical Report (SPGR) as described in the Caltrans Foundation Report guideline. An idealized soil profile and design strength parameters for foundation analysis will be developed based on existing subsurface data. EMI will visit the City to locate relevant soils reports and will provide seismic design parameters (acceleration and response spectrum) using the latest Caltrans web -based seismic design criteria. Using the soil profile and strength parameters, EMI will provide preliminary foundation type and foundation design data for the new bridge. For pile foundations, EMI will estimate the required pile length based on preliminary axial demands. Deliverables: Structure Preliminary Geotechnical Report TASK 5 - Architectural Drawings Consultant will provide architectural drawings (renderings), suitable for public display, for the options under consideration showing a perspective views of the bridge and special architectural features such as lighting, barrier treatment, and monumentation. Drawings shall be a minimum of 24" x 24" presented in color and appropriately mounted. We anticipate two submittals. The first will be for initial public meetings. The second will be with the final Bridge Study Report that reflects changes from the Final Public Meeting. Deliverables: Architectural Drawings (Renderings) for Options under Consideration C-4 FBF cou"uvi«a EXHIBIT B COST PROPOSAL PARK AVENUE OVER GRAND CANAL BRIDGE REPLACEMENT PROJECT CITY OF NEWPORT BEACH CON TRACT NUMBER 4873 JN 10-108534 29 -Mar -12 C:\Documents and Settings\tsandefur\Local Settings\Temporary Internet Files\Content.Outlook\G6SCRFT2\Final Fee_Est.xlsx Principal 195 Fee 148 Hours Fee Hours Fee 118 Hours Fee 63 ' Hours Fee Task 226 Hours Fee able Fee Total Hours by Task Fee Hours 1 Project Management 1.1 Project Management 16 $3,600 16 $3,120 0 $0 0 $0 0 $0 0 $0 0 32 $6,720 1.2 Project Design Meetings Initial Kick -Off Meeting 2 $450 2 $390 2 $326 $0 $0 1 $63 0 7 $1,229 Project Progress Meetings (6) $0 12 $2,340 24 $3,912 $0 $0 6 $378 0 42 $6,630 Public Information Meetings (2) 8 $1,800 8 $1,560 16 $2,608 $0 $0 6 $378 0 38 $6,346 Caltrans District 12 Meeting $0 4 $780 4 $652 $0 $0 1 $63 0 9 $1,495 2 Review Existing Bridge Plans & Records 2.1 Data Collection 0 $0 2 $390 8 _ $1,304 0 $0 0 $0 0 $0 10 $1,694 2.2 Utility Research & Identification 0 $0 0 $0 8 $1,304 16 $2,368 12 $1,416 2 $126 38 $5,214 3 Catalog Bridge Deficiencies 0 $0 0 $0 0 _ $0 8 $1,184 0 $0 0 $0 0 8 $1,184 4 Bridge Type Study 4.1 Bridge Study Report 4 $900 16 $3,120 40 $6,520 24 $3,552 0 $0 0 $0 84 $14,092 Bridge General Plan 0 $0 4 $780 24 _ _ $3,912 24 $3,552 32 $3,776 0 $0 84 $12,020 Site Plans 0 $0 2 $390 16 $2,608 24 $3,552 24 $2,832 0 $0 66 $9,382 Roadway Plans 0 $0 2 $390 9 $1,467 24 $3,552 24 $2,832 1 $63 60 $8,304 Stage Construction Concept Plans 0 $0 4 $780 10 $1,630 24 $3,552 24 $2,832 2 $126 64 $8,920 Construction Cost Estimate 0 $0 2 $390 11 $1,793 16 $2,368 0 $0 3 $189 32 $4,740 4.2 Preliminary Geotechnical Report 0 $0 2 $390 0 $0 0 $0 0 $0 0 $0 7,500 2 $7,890 5 Architectural Drawings 2 $450 2 $390 60 - $9,780 45 $6,660 20 $2,360 0 $0 129 $19,640 Subtotal REIMBURSABLE BUDGET Total 32 32 $7,200 $7,200 78 78 $15,210 $15,210 232 232 $37,816 205 $37,816 205 $30,340 $30,340 136 $16,048 136 $16,048 22 22 $1,386 $1,386 $7,500 $4,000 $7,500 705 0 705 $115,500 $4,000 $119,500 C:\Documents and Settings\tsandefur\Local Settings\Temporary Internet Files\Content.Outlook\G6SCRFT2\Final Fee_Est.xlsx CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. x Date Received: 5-04-12 Dept./Contact Received From: Terresa Moritz Date Completed: 5-07-12 Sent to: Terresa By: Joel Company/Person required to have certificate: RBF Consulting Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 6-30-11/6-30-12 A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND N N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes N No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 6-30-11/6-30-12 A. INSURANCE COMPANY: Liberty Mutual Insurance Co. B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 CSL E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: 0 N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 7-01-11/7-01-12 A. INSURANCE COMPANY: US Fidelity and Guarantee Company B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: e� 5-07-12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. f-0C®/7®o CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDDf/YYY) 0510312012 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Pittsburgh office CONTACT NAME: i NC He. EXD: C866) 283-7122 Me. No.: LB47) 953-5390 we Dominion Tower, 10th Floor 625 Liberty Avenue E-MAIL AooREss; INSURER(S)AFFOROING COVERAGE NAICtt Pittsburgh PA 15222-3110 USA INSURED INSURERA: Liberty Mutual Fire Ins Co 23035 RBF Consulting PO Box 57057 Irvine CA 92619-7057 USA INSURER B: Liberty Insurance Corporation 42404 INSURERC: Lloyds syndicate No. 2623 1128623 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570046099782 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested /NSR LTR TYPE OF INSURANCE ADO WSR SUB 5 e POLICYNIRABER LDL EFF Mou POLI POLICY EXP LHAITS A GENERAL LIABILITY TB 4 / EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY Imm lTED $1,000,000 PREMISES Ea. renin CLAIM&MADE D OCCUR MED EXP (My one Perean) 55,000 X Cenemdeel PERSONAL& ADV INJURY 52,000,000 X BFPD, XCU GENERALAGGREGATE $4,000,000 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $4,000,000 POLICY X PRO- X LOC A AUTOMOBILE LIABILITY A52-681-004145-721 06/30/201106/30/2012 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) X ANYAUTO BODILY INJURY (per&� earn ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON-0WNEO AUTOS PROPERTY DAMAGE Per eVt . B X UMBRELLA/JAB X OCCUR TH7681004145681 06/30/2011 06/30/2012 EACHOCCURRE.NCE 510,000,000 EXCESS UAB CVJMB-INTOE AGGREGATE 510,000,000 DED Rzitfir N S10, 000 WORKERS COAIPENSATIONANO EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTHER/EXECUTIVE OFHCERtMEIASER EXCLUDED? ❑ N/A WC SITU- 0TH. TORY LIMMITS E E.L. EACH ACCIDENT E.L.OIBEASE-EA EMPLOYEE (Mendel., in NH) Ite desdlbe under DESCRIPTION OF OPERATIONS helnw E.L.OISEASE-POLICY LIMIT C E&O-ProfLiabPri QK1102675 Professional & Pollution 06/30/2011 06/30/2012 Per Claim $5,000,000 Aggregate $5,000,0001 SIR applies per policy ter is & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Alted, ACORD 101, AddiEpnal Reemrk. Sahedale, If mora epece is mquimd) RE: Project: Park Avenue Over Grand Canal Bridge Replacement Project, RBF JN 10-108534. City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are included as Additional Insured on the General Liability and Automobile Liability policies as required by written contract. A waiver of Subrogation is granted on the General Liability ; and Automobile Liability policies. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCYPROVISIONS. City Of Newport Beach AUTHORED REPRESENTATIVE Attn: Tania Moore 3000 Newport Blvd. Newport Beach CA 92663 USA �+� a/L!O/G cl GWC/.d �/i12 6 Oel7[GL ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD u 9 Policy Number: AS2-681-004145-721 Issued by: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations (s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. Authorized Representative: AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 POLICY NUMBER: D123WO021.3 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. This additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description ANY PERSON OR WHERE REQUIRED BY WRITTEN CONTRACT ORGANIZATION EXECUTED PRIOR TO LOSS AND WHERE PERMISSIBLE BY LAW/STATUTE 1999 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999. 19920110040540M, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. BLANKET ADDITIONAL INSURED This endorsemmr modifies insurance providedunder the following. CO14 MERCER. GENERAL LIABILITYCOVERAGE FOILM SECTION E -WHO IS AN INSURED is amended to include as an imuredany person nr organszasion for whom you have agreed in writing to provide liability insurance. But: The insurance provided by Ibis amsardmcnr. 1. Applies only to "bodily injury" or "property damage' arising out cf (a) "your work" or (b) premises or other property owned by or rented to you; 2. Applies only to eovaagt and minimum, limirs of Insurance, required by the written agreemear, but in no event tweeds either die scope of coverage or the limits of insurance provided by this polity, and 3. Doesnotapply manyy-son or argaoizadon for wham you have procuccd separate liability in'summuce while such insurance is hs effee4 regardless of whether the scope of eovesge or lions of insunnee of this policy wheel chose of such other insurance or whether such orherinsurance is valid and collectible. The Eollow"ohg provisions also apply. . 1. Wheiro the applicable written agrtemrnt requires the insured to provide Iiahiilby insurance on a primary, erccs, contingent, or any other basis, this policy will apply solely on the basis mquued by such wtlmn agreement and Item 4.0ther Insurance of SECTION IV of this policy will not apply. 2. where the applicablewtittenagreement dors notsprxify an whatbasisthelialrility insurance will apply, theprovisions of lam 4. Other insurance of SECTION N of this policy will gove - 3 :This endorsement shall not apply to any pcason m organization for any "bodily injury" or °property damage" if any other additional insured endosc scot on this policy applies to that prison or orgatrbation wids regard to the "bodily injury" or "property damage": .4. If any other additional insured endarsemenr applies to any person or atganizadon and you are Obligated Under a written -agreement to provide liability insurance on a primary, excess, contingenS or anyothar basis for that additional insured, Us pokey will apply softly ten the barns required by such written agreement and Item 4. Other Irmuance of 1ECIION IV of the policy will not apply, mgardbns of whether the penonor oxginizadon has avavable other valid and collectible insurance. If the applicable wtinen agreement does runt specify ortwhat basis rhe Galnliry innrsnce will apply, the provisions of Item 4. Other [nsurastce of SECTION IV of thispolicyrwill govern Ills cndvcumnait6aavid try she LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium S Etfccdvc Dar r*mtan IIIc Rrvamdnhunr cO POliepNa T82-681-004145-7111 Iuuol7O fssucd LN 20 0106 05 Elaine Bames Counirngicd b: Saks Ofn¢md N. Erol. serial No. 18 i RBFCO-1 OP ID: KH CERTIFICATE OF LIABILITY INSURANCE Dare 044/30/121330/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 714.708.4370 United Captive Ins. Brokers 17151 NOW ape SL, Ste 211 714-708-2300 CONTACT PHONE FAX c me Nol, Fountain Valley, CA 92708 Mark Barrie _ E44AIL ADDRESS: INSURE S AFFORDING COVERAGE NAICH INSURER A: United States Fidelity & 25887 PREMISES Ma1!ocwneJn:e b INSURED RBF Consulting INSURER e: Guaranty Company 14725 Alton Parkway Irvine, CA 92618 INSURERL: AGGREGATE 5 GEN'L AGGREGATE UMIT APPLIES PER: POUCY PR0. LOC INSURER D : INSURER E: INSURER F: LIABILITY ANY AUTO ALL OWNED SCHEDULED ACOS AUTOS F9REDAUT05 NONOWNED AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE N POLICY NUMBER PODLYEFF MMEID POUC EXP MTaIOO LIMITS GENERAL LIABILITY COMMERCIAL GENERAL UABIUTY CLAIMS -MADE F—I OCCUR EACH OCCURRENCE S PREMISES Ma1!ocwneJn:e b MED EXP (Any one person) S PERSONAL&ADVINJURY $ AGGREGATE 5 GEN'L AGGREGATE UMIT APPLIES PER: POUCY PR0. LOC TS-COMP/OP AGG $ S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED ACOS AUTOS F9REDAUT05 NONOWNED AUTOS COMBINED SINGLE LIMIT 5 JURY(Perperson) 5 M4,:EGE JURY(Per accident) 5 TY GE $ enlUMBRELLA UPS EXCESSUAB OCCUR CLAIMS4AADE CURRENCE S AGGREGATE S DED I I RETENTIONS 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? M (Mandatory In NH) IT yes, describe antler DESCRIPTION OF OPERATIONS belay NIA D123W00213 07/01111 07/01112 X YuR STATUWITS OTR - E.L. EACH ACCIDE$ 1,000,000 ACCIDENT EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addlllonal Remarks Schedule, It more space is required) Re: Park Avenue over Grand Canal Bridge Replacement Project; RBF JN 10-108534. CITYNEW City of Newport Beach Attn: Tania Moore 3000 Newport Blvd. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD