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HomeMy WebLinkAboutC-5157(A) - PSA for Newport Boulevard and 32nd Street Modification, Amendment No. 1-4AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four') is made and entered into as of this 18th day of March, 2016 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and STANTEC CONSULTING SERVICES, INC., a New York corporation ("Consultant"), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: RECITALS A. On June 12, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to prepare construction documents for the Newport Boulevard and 32nd Street Modification ("Project"). B. On November 3, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, extend the term of the Agreement to December 31, 2016, and to increase the total compensation. C. On July 28, 2015, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not previously included in the Agreement, as amended, to increase the total compensation, and to update insurance requirements. D. On December 11, 2015, City and Consultant entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect the assignment of the Project to Consultant pursuant to the purchase by Stantec Consulting Services, Inc. of VA Consulting, Inc. on August 28,2015. E. The parties desire to enter into this Amendment No. Four to reflect additional services not included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2017, and to increase the total compensation. 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 December 31, 2017, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, and Exhibit A to this Amendment No. Four shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or 'Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, and Exhibit B to this Amendment No. Four shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Sixty Eight Thousand Twenty Three Dollars and 00/100 ($568,023.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Forty One Thousand Eight Hundred Dollars and 00/100 ($41,800.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Stantec Consulting Services, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: ��Waz I/- I Aaron C. Harp LAM 03111( I Itj City Attorney ATTEST: ,J Date: �f City Clerk 5, CITY OF NEWPORT BEACH, a California municipal corporation Date: By: C'vNN Dave City Manager CONSULTANT: Stantec Consulting Services, Inc., a New York corporation Date: By: Signed in Counterpart Max Vahid Senior Principal [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Stantec Consulting Services, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: By:;��M t �v' [I�A- b Aaron C. Harp LAm o3im I fu City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Dave Kiff City Manager CONSULTANT: Stantec Consulting Services, Inc., a New York corporation Date: By: ax a Ki S nior Principal [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Stantec Consulting Services, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Stantec Consulting Services, Inc. Page A-1 4 March 1, 2016 Mr. Andy Tran Page 2 of 3 Reference: Newport Boulevard Widening Amendment No. 4 EXHIBIT "A" REQUEST FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES FOR THE NEWPORT BOULEVARD WIDENING PROJECT NEWPORT BEACH, CALIFORNIA Amendment No. 4 SCOPE OF SERVICES Additional Construction Support (Stantec) The original Construction Support budget for the Project was based on the original scope of the Project included in the original Request for Proposal (RFP). This original scope included project limits along Newport Boulevard from 30th Street to Finley Avenue, limited landscaping in the median islands only, and no new parking lot. During the design phase of the Project, the project limits were extended to Via Lido, landscaping and decorative hardscape enhancements were added throughout the project limits, new street lighting was added, and a new parking lot was added on the northwestern corner of Newport Boulevard and 32nd Street. Therefore, additional effort will be required due to this added scope in order to review additionalsubs ittals,n respond to additional RFls, and for additional coordination, project meetings and project field reviews during coniruction. For this Amendment, Stantec assumes an additional 150 hours of staff time for this Additional Construction Support task. 2. Additional Construction Support (Nuvis) Due to the added Project scope (see item 1 above), additional effort will be required by Nuvis in order to review additional submittals, respond to additional RFls, and for additional coordination, project meetings and project field reviews during construction. For this Amendment, Nuvis assumes an additional 103 hours of staff time for this Additional Construction Support task. Additional Construction Support (JMD) Due to the added Project scope (see item 1 above), additional effort will be required by JMD in order to review additional submittals, respond to additional RFIs, and for additional coordination, project meetings and project field reviews during construction. For this Amendment, JMD assumes an additional 30 hours of staff time for this Additional Construction Support task. Design with community in mind Fee Estimate EXHIBIT B SCHEDULE OF BILLING RATES Stantec Consulting Services, Inc. Page B-1 March 1, 2016 Mr. Andy Tran Page 3 of 3 Reference: Newport Boulevard Widening Amendment No. 4 EXHIBIT "B" REQUEST FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES FOR THE NEWPORT BOULEVARD WIDENING PROJECT NEWPORT BEACH, CALIFORNIA Amendment No. 4 FEE ESTIMATE 1. Additional Construction Support(Stantec)..............................................................................................$ 22,200 2. Additional Construction Support(Nuvis)...................................................................................................$ 16,550 3. Additional Construction Support(JMD)....................................................................................................$ 3,050 TOTALFEE ESTIMATE.........................................................................................................................................$41,800 tc v:\2065\active\2065000140\admin\co\co04b\co04_description.docx Design with community In mind Scope of Services i, AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. (FKA VA CONSULTING, INC.) FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 11 th day of December, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES, INC., a New York corporation, formerly known as VA CONSULTING, INC. ("Consultant'), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: RECITALS A. On June 12, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to prepare construction documents for the Newport Boulevard and 32nd Street Modification ("Project'). B. On November 3, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional Services not previously included in the Agreement, extend the term of the Agreement to December 31, 2016, and to increase the total compensation. C. On July 28, 2015, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional Services not previously included in the Agreement, as amended, to increase the total compensation, and to update insurance requirements. D. City desires to enter into this Amendment No. Three to reflect the assignment of the Project to Consultant pursuant to the purchase by Stantec Consulting Services, Inc. of VA Consulting, Inc. on August 28, 2015. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED The definition of "Consultant" within the preamble to the Agreement, as amended, is amended in its entirety to be defined as "Stantec Consulting Services, Inc." All Services to be performed under this Agreement, as amended, are hereby assigned to Consultant pursuant to Consultant's correspondence dated September 11, 2015, which is attached hereto and incorporated herein as Exhibit A. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Stantec Consulting Services, Inc. (FKA VA Consulting, Inc.) Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: 0 By: Aaron C. Harp caM 10311S' City Attorney ATTEST - Date: Date: A. zi, /✓ By: Leilani I. Brown City Clerk 6u Fo9"i Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date:_��- By: —fes Dav�614iff City Manager CONSULTANT: Stantec Consulting Services, Inc., a New York corporation Date: By: Signed in Counterpart Eric Nielsen Executive Vice President Date: By; Signed in Counterpart Jeffrey P. Stone Assistant Secretary [END OF SIGNATURES] Exhibit A – Stantec Consulting Services, Inc. September 11, 2015 Correspondence RE: Contract Assignment Stantec Consulting Services, Inc. (FKA VA Consulting, Inc.) Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR E 'S OFFICE Date: By: DA -- Aaron C. Harp CAM %Zjoalis City Attorney ATTEST: Date: IN Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager CONSULTANT: Stantec Consulting Services, Inc., a Nevi Yqrk corporation Date: �1 J 77� V B Eric Nielsen Executive Vice President Date: /Zz iIleC By: _Ift —4 Jeffy to e Assistan Secr tary [END OF SIGNATURES] Exhibit A — Stantec Consulting Services, Inc. September 11, 2015 Correspondence RE: Contract Assignment Stantec Consulting Services, Inc. (FKA VA Consulting, Inc.) Page 3 EXHIBIT A STANTEC CONSULTING SERVICES, INC. SEPTEMBER 11, 2015 CORRESPONDENCE Stantec Consulting Services, Inc. (FKA VA Consulting, Inc.) Page A-1 VVV� i i CONSULTING now l Stantec September 11, 2015 File: 373.01.0800 Attention: Mike Sinacori Assistant City Engineer City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Dear Mr. Sinacori, Stantec consulting Services Inc. 46 Discovery Suite 250, Irvine CA 92618-3133 Reference: Contract Assignment Please be informed that on August 28, 2015, Stantec Consulting Services Inc. ("Stantec") purchased certain assets of VA Consulting, Inc. ("VA") with the result that the ongoing business and affairs of VA will be carried on through Stantec. Stantec will maintain VA's present office locations with no interruption in operations or client services, and all future projects and operations will be transitioned to the Stantec name in the upcoming months. The Stantec community unites more than 15,000 employees working in over 250 locations. Our work—professional consulting in planning, engineering, architecture, interior design, landscape architecture, surveying, environmental sciences, project management, and project economics—begins at the intersection of community, creativity, and client relationships. With a long-term commitment to the people and places we serve, Stantec has the unique ability to connect to projects on a personal level and advance the quality of life in communities across the globe. Stantec's vision includes working with the best clients on the best projects and providing the best services. Accordingly, please be assured that the continuity of your current project will be unaffected by this new arrangement. The caliber of the personnel currently working on your project will not change and, except for the assignment requested herein, no other aspect will be affected. In this regard, we request your approval to assign all existing contracts in the name of VA Consulting, Inc. to Stantec. Kindly indicate your consent to the request for assignment by returning a duplicate copy of this letter, executed on behalf of the City of Newport Beach to Max Vahid, P.E.. Design with community in mind A" September 11, 2015 Mike Sinacori Page 2 of 2 Reference: Contract Assignment Regards, STANTEC CONSULTING SERVICES INC. Vahid, P.E. Senior Principal Phone: (949) 474-1400 Fax: (949)261-8482 Max.Vahid@stantec.com c. Contracts The undersigned hereby consents to the assignment of the Contract noted above to Stantec Consulting Services Inc. effective 2015. Mike Sinacori, Assistant City Engineer City of Newport Beach ct cAdocuments and settings\citdd\desktop\contract assignment lotters\city of newport beach.docx Design with cammunity in mind AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT I WITH VA CONSULTING, INC. FOR � NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT C� ("Amendment No. Two") is made and entered into as of this 28th day of July, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VA CONSULTING, INC., a California corporation ("Consultant'), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: RECITALS A. On June 12, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement') to prepare construction documents for the Newport Boulevard and 32nd Street modification ("Project'). B. On November 3, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to extend the term of the Agreement to December 31, 2016, and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement, as amended, to increase the total compensation, and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Twenty Six Thousand, Two Hundred Twenty Three Dollars and 00/100 ($526,223.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Ten Thousand, Five Hundred Fifty Dollars and 00/100 ($110,550.00). 3. 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." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] VA Consulting, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7�2fJ 11S By: M M l— Aaron C. Harp cAm q-iz-h r- City Attorney ATTEST: jp Date: 1. r /_/\ By: t Lei ani I. Brown City Clerk CITY OF NEWPORT BEACH, a California munici al corporation Date: By: dward D. Selich Mayor CONSULTANT: VA California corporation Date: July 21, 2015 Consulting, Inc., a BY: Max P afxid; P.E. / President and CEO Date: Julv 21, 2015 Michael S. Carter Secretary and CFO [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements VA Consulting, Inc. Page 3 EXHIBIT SCOPE OF SERVICES VA Consulting, Inc. Page A-1 EXHIBIT "A" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 2 SCOPE OF SERVICES Revisions to Approved Civil Concept Plan and Add'I Studies and Exhibits (VA) Additional revisions to the previously approved Civil Concept Plan (CCP) were required due to major revisions to the Landscaping Concept Plan. Revisions to the CCP included the following: • Revisions to the Newport Blvd. and 30th Street intersection, which included extending the new pavement and curb ramp improvements to south of the intersection, modifying the southwestern curb return, removal of the channelization island adjacent to the southwestern curb return, and extension of the southbound sidewalk. • Preparation of multiple geometric options to the parking lot at the northwestern corner of Newport Blvd. and 32nd Street. • Revisions to the bus turnout at the southwestern corner of Newport Blvd. and Short Street. • Preparations of multiple geometric layout alternatives at the Via Lido intersection. In addition to these revisions, the CCP was revised to include more detailed annotation, so that it could be submitted as part of the Coastal Development Permit application. 2. Additional Roadway Improvements (VA) The 50% Improvement Plans and Estimate submittal were made in July 2014, prior to the CCP revisions. This task includes revisions to the improvement plans and estimate due to these revisions. This task also includes the revisions to the Finley Ave. intersection, which are now required to accommodate the new hotel at the former City Hall site. 3. Building Demolition Plans (VA) This task includes the Building Demolition Plans (BDP), which are required by the City's Building Department and not included in the original scope of work. The BDP will include the following sheets: Site Survey, Site Plan, Demolition Plan, Grading Plan and Erosion Control Plan. The format for these plans will be based on the sample provided by the City. The BDP sheets will be incorporated in the Improvement Plans, and no separate plan set will be prepared. It is assumed that the City Project Manager will submit and process the BDP through the City's building department. Preparation of additional plans, other than those listed, or substantial effort in processing the plans through the City's building department, are not included in this task. This task also includes the preparation of additional specifications for the building demolition. 4. Additional Project, Coastal Development Permit, and Southern California Edison Coordination (VA) Additional project management, meetings, and coordination are required due to the extended Project duration and additional scope of work. In addition to ongoing Project related coordination, additional coordination is also required to respond to Coastal Development Permit (CDP) related comments and coordinate the new parking lot electrical improvements with Southern California Edison (SCE). This item includes approximately 80 additional hours for these additional coordination efforts. 5. Additional Landscaping Construction Documents (NUVIS) Additional PS&E's will be developed from the approved Concept Plan submitted on November 12, 2014. The expanded scope and design includes detailing for enhanced accent concrete areas, hardscape banding in medians, selection of artistic site furniture such as bike racks, benches, trash receptacles, tree grates, or accent planting at base of existing Balboa Peninsula sign. Construction documents will now include these extra items not originally included in our scope. In addition, NUVIS will respond to Coastal Commission comments up to three separate times. Specifications, Bid Forms and Preliminary Statement of Probable Construction Costs will be provided to incorporate the expanded Project detail. Additional fee incorporates time needed for added design features. NUVIS estimates approximately two (2) additional meetings with the City Staff at two (2) hours each, plus up to sixteen (16) additional hours of Project Manager -level coordination time. NUVIS shall be available for coordination with the Design Team at agreed upon intervals and times. 6. Additional Street and Parking Lot Lighting Improvements (JMD) After reviewing the City's street lighting circuit maps, JMD has determined there are up to three (3) existing circuits affected by the proposed improvements. This information was determined after JMD started their design and therefore this work was not included as part of their original proposal. Thus, JMD will prepare one (1) additional street lighting plan to include the modifications to maintain the existing street lighting circuits. In addition, the City directed the design team to remove the existing SCE vault from the new parking lot after the original electrical scope of work was approved. Removing this existing SCE vault will require additional electrical service feed point connection details for the traffic signal, storm drain valve, and street/parking lot lighting and irrigation systems within the parking lot lighting plan. Additional SCE coordination will also be required for this work. JMD will make three submittals (50%, 95%, and 100%) and will address City comments on the 50% and 95% submittals. Additional Noise Monitoring (Chambers) Task 10.1: Pre -Construction Noise Measurements This task shall include the following: • Prior to start of construction activities, two Extech Model 407780 sound level meters (same noise meters used in Noise Impact Analysis Newport Boulevard and 32nd Street Modification Project, June 20, 2014) will be utilized to obtain one 24-hour noise measurements at the middle of the fence on the eastern edge of the waterway and a backup 24-hour noise measurement located southern corner of the waterway adjacent to the proposed parking lot to be improved. • A technical noise letter documenting the results of the pre -construction noise measurements will be prepared. Task 10.2: Post -Construction Noise Measurements This task shall include the following: • After completion of construction activities, two Extech Model 407780 sound level meters will be utilized to obtain two 24-hour noise measurements at the same two locations utilized in the pre -construction noise measurements. The calendar date for the post -construction noise measurement will be selected in a manner that will ensure similar traffic conditions, would occur as under the pre -construction noise measurement. For example, if the pre -construction noise measurement is taken on a Wednesday in August 2015, the post -Project measurement will be taken on a Wednesday in August 2016. The actual dates for pre- and post -construction noise measurements will be determined at a later date. • Prepare a table that shows the results of the pre -construction and post -construction noise measurements. • Compare the noise measurement results with Policy N1.8 of the General Plan details the noise increases allowed from a Project before a significant impact would occur, which consists of a 3 dBA increase, where the ambient noise is 55 dBA CNEL or less, a 2 dBA CNEL increase, where the ambient noise is between 55 and 60 dBA CNEL, a 1 dBA CNEL increase, where the ambient noise is between 60 and 70 dBA CNEL, and any increase where the ambient noise exceeds 75 dBA CNEL. • Update the previously prepared technical noise letter to incorporate the post - construction noise measurements and provide a comparison to the City Noise Standards. EXHIBIT B SCHEDULE OF BILLING DATES VA Consulting, Inc. Page B-1 EXHIBIT "B" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 2 FEE ESTIMATE Revisions to Approved Civil Concept Plan and Add'[ Studies and Exhibits (VA) ....... $ 18,150 2. Additional Roadway Improvements (VA)................................................................. $ 8,450 3. Building Demolition Plans (VA)................................................................................$ 5,300 4. Additional Project, CDP, and SCE Meetings and Coordination (VA) ........................$ 11,600 5. Additional Landscaping Construction Documents (NUVIS)......................................$ 58,200 6. Additional Street and Parking Lot Lighting Improvements (JMD) ............................. $ 5,450 7. Additional Noise Monitoring (Chambers)..................................................................$ 2,500 8. Additional Reimbursables.........................................................................................$ 900 TOTAL FEE ESTIMATE................................................................................................$110,550 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, 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. VA Consulting, Inc. 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 VA Consulting, Inc. Page C-2 require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but VA Consulting, Inc. Page C-3 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. VA Consulting, Inc. Page C-4 CTY OF F NEWPORT BEACH City Council Staff Report July 28, 2015 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer PHONE: (949) 644-3315 TITLE: Newport Boulevard and 32nd Street Modification —Approval of Amendment No. 2 with VA Consulting, Inc. (CAP12-0009) ABSTRACT: Final design of the Newport Boulevard and 32nd Street Modification project is currently underway. Additional engineering, landscaping and permitting services are needed to incorporate civil and landscaping design modifications and to address special conditions related to the California Coastal Development Permit. RECOMMENDATION: Approve Amendment No. 2 with VA Consulting of Irvine, California, for additional design services for the Newport Boulevard and 32nd Street Modification project at a not -to -exceed price of $110,550, and authorize the Mayor and City Clerk to execute Amendment No. 2. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding necessary for the approval of Amendment No. 2. The amount of $110,550 will be expensed to the Gas Tax fund account No. 7181-C2002048. DISCUSSION: The proposed Newport Boulevard widening project has been developed in an effort to increase vehicular capacity, improve bicycle safety, reduce traffic congestion and improve aesthetics. This roadway widening project is located on Newport Boulevard between Via Lido and 30th Street and involves widening Newport Boulevard to accommodate one additional northbound through lane from 30th Street to 32nd Street and one additional southbound through lane from Via Lido to 32nd Street terminating as a right -turn only lane at 32nd Street. Bike lanes on both sides of Newport Boulevard will be extended from Via Lido to 32nd Street. The intersection at 32nd Street will be modified to improve roadway geometrics. This project also involves the construction of landscaped medians, parkway trees, LED upgraded street light modifications, traffic signal modifications, and signing and pavement striping. As a result of the roadway widening and the addition of vehicular and bike lanes, on -street parking along Newport Boulevard between Via Lido and 30th Street will be relocated. To replace the on -street parking, a new public parking lot will be constructed on 7-1 the former bank property located at the northwest corner of Newport Boulevard and 32nd Street. During the design development phase, staff presented several conceptual plans to City Council and the public. Community meetings were also held with local residents to discuss the proposed improvements. Upon receiving comments and feedback, it was determined that additional civil and landscaping services are needed to modify the final design. In addition, the California Coastal Commission (CCC) approved the project Coastal Development Permit (CDP) on June 11, 2015. Prior to CDP issuance, several special conditions need to be met, which will also require additional services not included with the original scope of work. Final design modifications involve extending the project limits to include improvements at both 30th Street and Via Lido intersections. Removal and replacement of deteriorated concrete curbs, sidewalks, access ramps and asphalt pavement at both of these intersections have been added. Due to significant revisions to the landscape design and the extended project limits, staff requested a resubmittal of the 50% plans and construction cost estimate. Procurement of a building demolition permit was also not included with the original scope of work and has been added to this proposed amendment. Staff also received feedback to enhance the landscape design. This will be accomplished with accent concrete paving and tree grates in the parkway, artistic site furnishing such as bike racks, benches, trash receptacles, and hardscape banding in the street medians. Additional landscape design services are required to incorporate this enhance design as it was not included with the original scope of work. Upon further field review and coordination with Southern California Edison (SCE), it was determined that the existing SCE vault within the parking lot can be removed in order to gain an additional parking stall for a total of 32 parking stalls. Additional design services are needed to coordinate the removal of the SCE vault, reroute the existing electrical conduits, and redesign the parking lot layout. At the request of the local residents, the proposed parking lot entrance was also moved from Marcus Avenue to 32nd Street. Prior to receiving the Coastal Development Permit, staff is required to fulfill several permit special conditions. These special conditions were made available by the California Costal Commission staff just before their hearing date on June 11, 2015. These special conditions include: 1. Revising the project plans to reflect the latest parking lot layout 2. Preparing a Construction Staging Plan 3. Preparing a Traffic Control Plan 4. Preparing a Storm Water Pollution Prevention Plan 5. Revising the Water Quality Management Plan 6. Revising the landscape plan to include only native plants or non-native drought tolerant plants which are non-invasive 7. Revise the irrigation plan to incorporate drip or microspray systems Some of these special conditions such as number 1 and 4 above are already included with the project scope of work. An amendment is needed to complete the remaining special conditions. Staff is requesting City Council approval of Amendment No. 2 with VA Consulting of Irvine, California to incorporate the additional engineering services as described above at a not -to -exceed price of $110,550. This will bring the total design contract amount to $526,223. ENVIRONMENTAL REVIEW: The approval of Amendment No. 2 with VA Consulting is administrative and is not subject to the California Environmental Quality Act ("CEQA"). A project Mitigated Negative Declaration was adopted by City Council on October 28, 2014. 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). 7-2 ATTACHMENTS: Description Attachment A - Location Map Attachment B - Agreement 7-3 a ATTACHMENT A PROJECT LOCATION FINLEY AVE. 32ND NEWPORT BLVD AND 32ND ST MODIFICATION LOCATION MAP X \q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4881 1 07/28/2015 7-4 ATTACHMENT B AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 28th day of July, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VA CONSULTING, INC., a California corporation ("Consultant'), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: RECITALS A. On June 12, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement') to prepare construction documents for the Newport Boulevard and 32nd Street modification ("Project'). B. On November 3, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to extend the term of the Agreement to December 31, 2016, and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement, as amended, to increase the total compensation, and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work'). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work'). Exhibit B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of 7-5 Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Twenty Six Thousand, Two Hundred Twenty Three Dollars and 00/100 ($526,223.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Ten Thousand, Five Hundred Fifty Dollars and 00/100 ($110,550.00). 3. 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." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] VA Consulting, Inc. Page 2 7-6 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: CITY OF NEWPORT BEACH, a California municipal corporation By ��� By: ron C. Harp vnn 0-I2oh Edward D. Selich City Attorney Mayor ATTEST: Date: 0 Leilani I. Brown City Clerk CONSULTANT: VA California corporation Date: By: Max P. Vahid, P.E. President and CEO Date: By: Michael S. Carter Secretary and CFO [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Consulting, Inc., a VA Consulting, Inc. Page 3 7-7 EXHIBIT A SCOPE OF SERVICES VA Consulting, Inc. Page A-1 wi EXHIBIT "A" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 2 SCOPE OF SERVICES Revisions to Approved Civil Concept Plan and Add'] Studies and Exhibits (VA) Additional revisions to the previously approved Civil Concept Plan (CCP) were required due to major revisions to the Landscaping Concept Plan. Revisions to the CCP included the following: • Revisions to the Newport Blvd. and 30th Street intersection, which included extending the new pavement and curb ramp improvements to south of the intersection, modifying the southwestern curb return, removal of the channelization island adjacent to the southwestern curb return, and extension of the southbound sidewalk. • Preparation of multiple geometric options to the parking lot at the northwestern corner of Newport Blvd. and 32nd Street. • Revisions to the bus turnout at the southwestern corner of Newport Blvd. and Short Street. • Preparations of multiple geometric layout alternatives at the Via Lido intersection. In addition to these revisions, the CCP was revised to include more detailed annotation, so that it could be submitted as part of the Coastal Development Permit application. 2. Additional Roadway Improvements (VA) The 50% Improvement Plans and Estimate submittal were made-in,July 2014, prior to the CCP revisions. This task includes revisions to the improvement plan§:and, estimate due to these revisions. This task also includes the revisions to tfe rFinley ?Ave. intersection, which are now required to accommodate the new hotel at the former ,City . Hall site. Building Demolition Plans (VA) This task includes the Building Demolition Plans (BDP), which are required by the Gity's Building Department and not included in the original scope of work. The BDP will include the following sheets: Site Survey, Site Plan, Demolition Plan, Grading Plan'and Erosion Control Plan. The format for these plans will be based on the sample;provided`by'the City. The BDP sheets will be incorporated in the Improvement Rlans.,"and no separate plan set will be prepared. It is assumed that the City Project Manage�'will 'submit and process the BDP through the City's building department.'; Preparation of additional plans, other than those listed, or substantial effort in`p'rocessng the plans through the City's building department, are not included :in--this',t'ask; This task also includes the preparation of additional specifications for the buldind'demolition. 7-9 4. Additional Project, Coastal Development Permit, and Southern California Edison Coordination (VA) Additional project management, meetings, and coordination are required due to the extended Project duration and additional scope of work. In addition to ongoing Project related coordination, additional coordination is also required to respond to Coastal Development Permit (CDP) related comments and coordinate the new parking lot electrical improvements with Southern California Edison (SCE). This item includes approximately 80 additional hours for these additional coordination efforts. 5. Additional Landscaping Construction Documents (NUVIS) Additional PS&E's will be developed from the approved Concept Plan submitted on November 12, 2014. The expanded scope and design includes detailing for enhanced accent concrete areas, hardscape banding in medians, selection of artistic site furniture such as bike racks, benches, trash receptacles, tree grates, or accent planting at base of existing Balboa Peninsula sign. Construction documents will now include these extra items not originally included in our scope. In addition, NUVIS will respond to Coastal Commission comments up to three separate times. Specifications, Bid Forms and Preliminary Statement of Probable Construction Costs will be provided to incorporate the expanded Project detail. Additional fee incorporates time needed for added design features. NUVIS estimates approximately two (2) additional meetings with the City Staff at two (2) hours each, plus up to sixteen (16) additional hours of Project Manager -level coordination time. NUVIS shall be available for coordination with the Design Team at agreed upon intervals and times. 6. Additional Street and Parking Lot Lighting Improvements (JMD) After reviewing the City's street lighting circuit maps, JMD has determined there are up to three (3) existing circuits affected by the proposed improvements. This information was determined after JMD started their design and therefore this work was not included as partof their original proposal. Thus, JMD will prepare one (1) additional street lighting plan to include the modifications to maintain the existing street lighting circuits. In addition, the City directed the design team to remove the existing SCE vault fPomSthe new parking lot after the original electrical scope of work was approved. Removing this existing SCE vault will require additional electrical service feed point connection "details for the traffic signal, storm drain valve, and street/parking lot lighting and irrigation systems within the parking lot lighting plan. Additional SCE coordination will also' be required for this work. ' JMD will make three submittals (50%, 95%, and 100%) and will address City-commehfs`- on the 50% and 95% submittals. 7-10 Additional Noise Monitoring (Chambers) Task 10.1: Pre -Construction Noise Measurements This task shall include the following: • Prior to start of construction activities, two Extech Model 407780 sound level meters (same noise meters used in Noise Impact Analysis Newport Boulevard and 32nd Street Modification Project, June 20, 2014) will be utilized to obtain one 24-hour noise measurements at the middle of the fence on the eastern edge of the waterway and a backup 24-hour noise measurement located southern corner of the waterway adjacent to the proposed parking lot to be improved. • A technical noise letter documenting the results of the pre -construction noise measurements will be prepared. Task 10.2: Post -Construction Noise Measurements This task shall include the following: • After completion of construction activities, two Extech Model 407780 sound level meters will be utilized to obtain two 24-hour noise measurements at the same two locations utilized in the pre -construction noise measurements. The calendar date for the post -construction noise measurement will be selected in a manner that will ensure similar traffic conditions, would occur as under the pre -construction noise measurement. For example, if the pre -construction noise measurement is taken on a Wednesday in August 2015, the post -Project measurement will be taken on a Wednesday in August 2016. The actual dates for pre- and post -construction noise measurements will be determined at a later date. • Prepare a table that shows the results of the pre -construction and post -construction noise measurements. Compare the noise measurement results with Policy N1.8 of the General Plan details the noise increases allowed from a Project before a significant: impact would occur, which consists of a 3 dBA increase, where the ambient noise is-65;dBA,CNEL or less, a 2 dBA CNEL increase, where the ambient noise is between 55'and*6&dBA CNEL, a 1 dBA CNEL increase, where the ambient noise is between 60 and'.7b dBA CNEL, and any increase where the ambient noise exceeds 75 dBA CNEL. Update the previously prepared technical noise letter to incorporate the post construction noise measurements and provide a comparison to the City :Noise'`` Standards. 7-11 SCHEDULE OF BILLING RATES VA Consulting, Inc. Page B-1 7-12 EXHIBIT "B" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 2 FEE ESTIMATE 1. Revisions to Approved Civil Concept Plan and Add1 Studies and Exhibits (VA)....... $ 18,150 2. Additional Roadway Improvements (VA)................................................................. $ 8,450 3. Building Demolition Plans (VA)................................................................................$ 5,300 4. Additional Project, CDP, and SCE Meetings and Coordination (VA) ........................$ nz 11,600 5. Additional Landscaping Construction Documents (NUVIS)...................................... $ 58,200 6. Additional Street and Parking Lot Lighting Improvements (JMD) ............................. $ 5,450 7. Additional Noise Monitoring (Chambers)..................................................................$ 2,500 8. Additional Reimbursables.........................................................................................$ 900 TOTAL FEE ESTIMATE................................................................................................$110,550 7-13 nz 7-13 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, 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. VA Consulting, Inc. Page C-1 7-14 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 VA Consulting, Inc. Page C-2 7-15 require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but VA Consulting, Inc. Page C-3 7-16 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. VA Consulting, Inc. Page C-4 7-17 CTY OF F NEWPORT BEACH City Council Staff Report June 23, 2015 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer PHONE: (949) 644-3315 TITLE: Newport Boulevard and 32nd Street Modification — Approval of Amendment No. Two with VA Consulting, Inc. (CAP12-0009) ABSTRACT: Final design of the Newport Boulevard and 32nd Street Modification project is currently underway. Additional engineering services are needed to incorporate civil and landscaping design modifications as shown on the Council approved landscape conceptual plan and as required by the approved California Coastal Permit. RECOMMENDATION: Approve Amendment No. Two with VA Consulting of Irvine, California, for additional engineering services for the Newport Boulevard and 32nd Street Modification project at a not -to -exceed price of $155,629, and authorize the Mayor and City Clerk to execute Amendment No. Two. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding to address funding necessary for the approval of Amendment No. Two. The amount of $155,629 will be expensed to Gas Tax fund account No. 7181- C2002048. DISCUSSION: The proposed Newport Boulevard widening project has been developed in an effort to increase vehicular capacity, improve bicycle safety, reduce traffic congestion and improve aesthetics. This roadway widening project is located on Newport Boulevard between Via Lido and 30th Street and involves widening Newport Boulevard to accommodate one additional northbound through lane from 30th Street to 32nd Street and one additional southbound through lane from Via Lido to 32nd Street terminating as a right -turn only lane at 32nd Street. Bike lanes on both sides of Newport Boulevard will be extended from Via Lido to 32nd Street. The intersection at 32nd Street will be modified to improve roadway geometrics. This project also involves the construction of landscaped medians, parkway trees, street light modifications with upgrades to LEDs, traffic signal modifications, and signing and pavement striping. 14-1 As a result of the roadway widening and the addition of vehicular and bike lanes, on -street parking along Newport Boulevard between Via Lido and 30th Street will be eliminated. To replace the on -street parking, a new public parking lot will be constructed on the former bank property located at the northwest corner of Newport Boulevard and 32nd Street. During the design development phase, staff presented several concepts to the City Council and public which generated the need for revised designs and reviews. Staff presented the final landscape and parking lot conceptual plan to City Council on November 12, 2014 for approval. The approved conceptual plan involved designing in accent concrete paving, artistic site furnishing, decorative light poles with banners and custom seat walls. This level of additional design development was not included in the approved Professional Services Agreement (PSA) or Amendment No. One. Amendment No. Two also includes additional design services for studying geometric options at both 30th Street and Via Lido intersections, preparing separate building demolition plans, and additional noise monitoring as requested by the public, and incorporating comments and requirements associated with the necessary Coastal Development permit that was approved on June 11, 2015. Staff is requesting City Council approval of Amendment No. Two with VA Consulting of Irvine, California to incorporate the additional engineering services as described above at a not -to -exceed price of $155,629. This will bring the total design contract amount to $571,302. ENVIRONMENTAL REVIEW: The approval of Amendment No. Two with VA Consulting is administrative and is not subject to the California Environmental Quality Act ("CEQA"). A project Mitigated Negative Declaration was adopted by City Council on October 28, 2014. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Mao Attachment B - Amendment No. 2 with VA Consulting 14-2 a ATTACHMENT A PROJECT LOCATION FINLEY AVE. 32ND NEWPORT BLVD AND 32ND ST MODIFICATION LOCATION MAP X \q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4881 1 06/23/2015 14-3 ATTACHMENT B AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 23rd day of June, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VA CONSULTING, INC., a California corporation ("Consultant'), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: RECITALS A. On June 12, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement') to prepare construction documents for the Newport Boulevard and 32nd Street modification ('Project'). B. On November 3, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One') to reflect additional services not previously included in the Agreement, to extend the term of the Agreement to December 31, 2016, and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement, as amended, to increase the total compensation, and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services' or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of `EIM Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Seventy One Thousand Three Hundred Two Dollars and 00/100 ($571,302.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Fifty Five Thousand Six Hundred Twenty Nine Dollars and 00/100 ($155,629.00). 3. 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." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] VA Consulting, Inc. Page 2 14-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATO Y'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By'.7 By: Aaron C. Harp cAm oulwl'f Edward D. Selich City Attorney Mayor ATTEST: Date: Leilani I. Brown City Clerk CONSULTANT: VA Consulting, Inc., a California corporation By: Max P. Vahid, P.E. President and CEO Date: By: Michael S. Carter Secretary and CFO [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements VA Consulting, Inc. Page 3 14-6 EXHIBIT A SCOPE OF SERVICES VA Consulting, Inc. Page A-1 14-7 EXHIBIT "A" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 2 SCOPE OF SERVICES Revisions to Approved Civil Concept Plan and Add'I Studies and Exhibits (VA) Additional revisions to the previously approved Civil Concept Plan (CCP) were required due to major revisions to the Landscaping Concept Plan. Revisions to the CCP included the following: • Revisions to the Newport Blvd. and 30th Street intersection, which included extending the new pavement and curb ramp improvements to south of the intersection, modifying the southwestern curb return, removal of the channelization island adjacent to the southwestern curb return, and extension of the southbound sidewalk. • Preparation of multiple geometric options to the parking lot at the northwestern corner of the Newport Blvd. and 32nd Street. • Revisions to the bus turnout at the southwestern corner of Newport Blvd. and Short Street. • Preparations of multiple geometric layout alternatives at the Via Lido intersection. In addition to these revisions, the CCP was revised to include more detailed annotation, so that it could be submitted as part of the Coastal Development Permit application. This task also includes the preparation of multiple exhibits for City Council and other City staff, which was not included in the original proposal. 2. Additional Roadway Improvements (VA) The 50% Improvement Plans and Estimate submittal were made prior t6,,,the CCP revisions. This task includes revisions to the improvement plans and estimate due to \ these revisions. This task also includes the revisions to the Finley Ave. intersection, which are now required to accommodate the new hotel at the former City Hall site.; i 3. Building Demolition Plans (VA) This task includes the Building Demolition Plans (BDP), which are required by the City's Building Department. The BDP will include the following sheets: Site,Survey, Site Plan, Demolition Plan, and Erosion Control Plan. The format for these; plans will be based on the sample provided by the City. The BDP sheets will'be incorporated in the Improvement Plans and no separate plans set will be prepared. It is -a sumed that the City Project Manager will submit and process the BDP through the City's Building department. Preparation of additional plans other than those listed or substantial effort in processing the plans through the-:Citys Building'Department will require additional fees. This task also includes the preparation of additional specifications for the building demolition. " l 4. Additional Project Management, Meetings, and Coordination (VA) The current budget for Project Management, Meetings, and Coordination has been exhausted due to the extended project duration and additional scope of work. This item includes approximately 100 additional hours, which should be adequate to complete the project. 5. Additional Landscaping Concept Design Revisions and Modifications (NUVIS) Additional Concept Design Revisions and Modifications were based on multiple variations of one preferred plan. Variations included multiple parking lot design concepts with plaza and fountains, sculpture and enriched hardscape features, Newport Blvd. median/ parkway and raised median at 30th St., plaza alternatives at Via Lido, bike lane and pedestrian crosswalk designs with color alternatives, sidewalk -scoring alternatives with enriched concrete patterns. Design concept alternatives included multiple images to better communicate design intent. Median and parkway design solutions were developed, taking into consideration the Lido Village Design Guidelines and future hotel site. In addition, NUVIS, as requested by the City, reformatted its completed Concept Design Sheets to fit with Costal Commission requirements and standards. Requirements included planting plans with proposed quantities and plant sizes. Sheets also included detail plant legend with each proposed plant shown as an image. Sheet reformatting was required so that this additional information could fit appropriately on the sheet. Additional Landscaping Construction Documents and Coordination (NUVIS) Additional PS&Es will be developed from the approved Landscape Concept Plan submitted on November 12, 2014. Please note that the original scope and fee for this project was for simple planting and irrigation solution only and not for a signature highly visible streetscape. The original agreement did not take into consideration, designing and detailing for enhanced accent concrete areas, light pole and banner selection, hardscape banding in medians, concept lighting plans, selection of artistic site furniture such as bike racks, benches, trash receptacles, tree grates, the design of sculpture pedestals, custom-designed seating walls to match hotel, accent planting at base of existing Balboa sign, design of mural wall backdrop and=new-rail along canal. The construction documents will now include these extra items not o igina`I`y included in our scope. Items not included are sculpture design (City will contract directly with artist) and, mural/ tile mosaic design (City will contract directly with artist). Due to previous exhaustion of budget allowance for this item NUVIS has included a $3,000 replenishment allowance towards this task. The allowance will be used towards meetings between the City and the design team, as well as other Project Design Team Meeting coordination efforts. NUVIS estimates approximately two (2) additional. meetings with the City at two (2) hours each plus up to sixteen (16),ad6itionalProje t Manager level hours of coordination time. NUVIS shall be available for coordination with the Design Team at agreed upon intervals and times. NUVIS,shall be available to meet with the Agency staff to discuss landscape architectural -elements: .Additional DTGC shall be billed at an hourly rate by personnel .cla'ssification in" attendance at the meeting(s). _ O fces,in: Irvine Corona Coachella f/afley San Diego Phoenix, AZ 91 Additional Landscaping Bid and Construction Support Services (NUVIS) Additional Bid Phase Services: Due to the increased scope of the project, NUVIS has allotted additional hours to be available to the Agency for interpretation and clarification of irrigation and planting plans and specifications, submitting information for addenda or response to RFI's and/or RFC's. Additional Construction/Field Observation Services: [ project, NUVIS has allotted additional hours to construction to establish standards of acceptability NUVIS will visit the site at intervals appropriate to the progress of the work. NUVIS has allowed for up Manager time for attendance to meetings/site visits. sue to the increased scope of the )erform field observation during As requested by the Agency, state of construction to review the to 8 hours of additional Project Due to the increased scope of the project, NUVIS has allowed for an additional $2,500 worth of professional hours towards the preparation of the as -built documents. Additional Street and Parking Lot Lighting Improvements (JMD) JMD's proposed additional Scope of Services consists of the following: • As a result of the City reducing the number of street lights in the median, JMD will revise the current layout based on these revisions. A revised photometric study is not included. JMD will also coordinate the type of street light pole and fixture with the landscape architect, NUVIS. • Prepare lighting design for the proposed up -lights on the palm trees within the parkways per the latest Landscaping Concept Plan. • Prepare lighting design for the proposed up -lights within the parking lot. • Prepare lighting design stub -out to accommodate the future artwork/sculpture area. • A new electrical service cabinet is now proposed for the street/up-lighting and irrigation controller within the parking lot. Additional Research/Data Collection/SCE Coordination Additional field reviews for the project are anticipated to consist of the following. • The project site will be field inventoried to determine existing and proposed locations for the new up -lighting conduit, equipment, right-of-way, sidewalk and miscellaneous topographic features. • Recommended additions or deletions to the project will be developed .a} this time. A� recommendation will be made regarding improvements necessary" to acheve'the City's objectives, including coordination with the landscape architect (NUVI ).� i • JMD will provide field base mapping and utility clarifications during field reviews. Existing and proposed utilities obtained from.VA-Consulting..(VA) will be shown on the plans. • JMD will identify existing underground -and overhead utility lines that may interfere with the location of up -lighting system. For electrical services, JMD will coordinate with -the-South-ern -California Edison Company (SCE) for new or modification to 14-10 a existing service cabinet(s) to accommodate the relocation of SCE service point connections for the existing motorized storm drain control valve and traffic signal at Newport Blvd/32nd Street. This task includes completing SCE application/permit forms for City approval. Revised/Additional Street and Parking Lot Plans JMD will prepare one (1) detailed lighting plan in AutoCAD 2011 or later file format at a scale of V=40' using a VA Consulting -provided title block. The plans will address the following proposed conditions: • A new city -owned street lighting system installed within the median islands of Newport Boulevard between Via Lido and 301" Street. The design will include the revised pole locations as revised by the City. • After reviewing the City's street lighting circuit maps, we have determined there are up to three (3) existing circuits affected by the proposed improvements. Thus, JMD will include the modifications to maintain the existing street lighting circuits. • A new city -owned up -lighting system for the proposed palm trees within the parkways and parking lot. A total of thirty-five (35) palm trees are proposed within the parkways and ten (10) palm trees are proposed within the parking lot. JMD will include the up - lighting details within the detail sheet of the original scope of work. This sheet will identify pertinent up -lighting details for the project. • The street/up-lighting service cabinet will also accommodate a lighting connection for a future artwork/sculpture area within the parking lot. The updated street lighting layout is based on the City's sketch, dated October 24, 2014, of proposed light pole locations. The types of poles and fixtures will be coordinated with NUVIS. In addition, the parking lot lighting task is included in our original scope of work. The removal of the existing SCE vault within the parking lot will result in a new service feed point. JMD will coordinate with SCE to determine the new service feed point for the storm drain valve, traffic signal, and street/up-lighting service -cabinet` The location of the new service feed point will be shown on this plan and referenced -to other,she`ets. Additional Voltage Drop Calculations for Up -Lighting Improvements To ensure the correct conductor sizing, JMD will prepare voltage drop calculations for the up -lighting improvements. The calculations will be prepared in an Excel spreadsheet format. Based on the National Electrical Code (NEC), the maximum recommended voltage drop for a combination of both branch circuit and feeder circuit should not exceed 5%. This methodology has been successfully utilized in previous projects with the City of Newport Beach and will continue with this project unless the City determines a' different value-. Additional Electrical Engineering Post -Design Support (JMD) JMD will provide additional post -design support which includes the following tasks: J, • The review of up -lighting. shop'"drawings mill -include up to two (2) working drawing submittals, construction contractor's submittal for substitutions, contractor's rCoacheIIa [!alley, 14-11 alternative construction approval and other submittals, as requested by the City during construction. Review/respond up to two (2) Contractor's up -lighting RFI's/RFC's. a Prepare up -lighting "as -built' drawings following construction completion. 10. Additional Noise Monitoring (Chambers) Task 10.1: Pre -Construction Noise Measurements This task shall include the following: Prior to start of construction activities two Extech Model 407780 sound level meters (same noise meters used in Noise Impact Analysis Newport Boulevard and 32nd Street Modification Project, June 20, 2014) will be utilized to obtain one 24-hour noise measurements at the middle of the fence on the eastern edge of the waterway and a backup 24-hour noise measurement located southern corner of the waterway adjacent to the proposed parking lot to be improved. ® A technical noise letter documenting the results of the pre -construction noise measurements will be prepared. Task 10.2: Post -Construction Noise Measurements This task shall include the following: After completion of construction activities two Extech Model 407780 sound level meters will be utilized to obtain two 24-hour noise measurements at the same two locations utilized in the pre -construction noise measurements. The calendar date for the post -construction noise measurement will be selected in a manner that will ensure similar traffic conditions would occur as under the pre -construction noise measurement. For example, if the pre -construction noise measurement is taken on a Wednesday in August 2015, the post -project measurement will be taken on a Wednesday in August 2016. The actual dates for pre--and-post-construction noise measurements will be determined at a later date. ` Prepare a table that shows the results of the pre -construction and post-donstructio6­� noise measurements.`. Compare the noise measurement results with Policy N1.8 of the General Plan details the noise increases allowed from a project before a significant impact wouldloccur, which consists of a 3 dBA increase, where the ambient noise is 55 dBA ,CNEL or i less, a 2 dBA CNEL increase, where the ambient noise is between 55 and 60 dBA CNEL, a 1 dBA CNEL increase, where the ambient noise is between 60 and 70 dBA" CNEL, and any increase, where the ambient noise exceeds 75 dBA CNEL. Update the previously prepared technical noise letter -to 'incorporate the post - construction noise measurements and provides a -comparison to -the City Noise Standards. Assumptions = Response to Comments: The., proposed fee includes the review of one set of governmental agency comments, whether verbal or written, and revision of the two O ices inr Irvine •Corona •Coachella [/alley San , iego• Phoenix, AZ 14-12 letters (if necessary). If responses are required for additional governmental agency comments, the responses and revision of the letters will be billed on a time -and -material basis. Attendance at Meetings: The proposed fee does not include attendance at public hearings/meetings, which may be required to secure approval of the project. If these are required and requested, attendance at meetings or hearings will be billed on a time - and -material basis. 14-13 EXHIBIT B SCHEDULE OF BILLING RATES VA Consulting, Inc. Page B-1 14-14 EXHIBIT "B" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 2 FEE ESTIMATE 1. Revisions to Approved Civil Concept Plan and Add'I Studies and Exhibits (VA)....... $ 18,180 2. Additional Roadway Improvements (VA).................................................................$ 8,442 3. Building Demolition Plans (VA)................................................................................ $ 7,032 4. Additional Project Management, Meetings, and Coordination (VA) ..........................$ 14,400 5. Additional Landscaping Concept Design Revisions and Modifications (NUVIS) ........ $ 9,860 6. Additional Landscaping Construction Documents and Coordination (NUVIS) ..........$ 78,663 7. Additional Landscaping Bid and Construction Support Services (NUVIS) ................ $ 3,300 8. Additional Street and Parking Lot Lighting Improvements (JMD) .............................$ 11,834 9. Additional Electrical Engineering Post -Design Support (JMD)................................. $ 553 10. Additional Noise Monitoring (Chambers)..................................................................$ 2,500 11. Additional Reimbursables.........................................................................................$ 865 TOTALFEE ESTIMATE................................................................................................$155,629 FERF&I i` FERF&I 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, 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. VA Consulting, Inc. Page C-1 14-16 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 VA Consulting, Inc. Page C-2 14-17 require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but VA Consulting, Inc. Page C-3 1a -1a 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. VA Consulting, Inc. Page C-4 14-19 QCC-) IT, tJ AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this } Rv� day of 2014 ("Effective Date"), by and between the CITY OF 14EWP6RT BEACH, a California municipal corporation and charter city ("City"), and VA CONSULTING, INC., a California corporation ("Consultant'), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: A. On June 12, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement') for the Newport Boulevard and 32nd Street Modification. ("Project'). B. City desires to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to December 31, 2016, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 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 December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work'). Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Fifteen Thousand, Six Hundred Seventy Three Dollars and 00/100 ($415,673.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Thirty Six Thousand, Seven Hundred and 00/100 Dollars ($136,700.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] VA Consulting, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: 1019N B 0�L— Aaron C. Harp cAM°%lsoll" City Attorney ATTEST: , IL Date: By: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: 10-W. I `F ' 2By: 1 Rush N. Hill, II Mayor CONSULTANT: VA Consulting, Inc., a California corporation Date: October 13, 2014 By: A1,11W x aid, P.E Pt6sident and CEO Date: October 13, 2014 By;� Michael S. Carter Secretary and CFO `'qLl FO;� [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates VA Consulting, Inc. Page 3 r VA Consulting, Inc. Page A-1 EXHIBIT "A" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 1 SCOPE OF SERVICES Additional Roadway Improvements (VA) VA's original proposal was based on the Concept Plan provided by the City in the original RFP. The limits of the parkway widening improvements shown on this Concept Plan ended at Finley Avenue. The final approved Concept Plan (prepared by VA) extended the parkway widening improvements past Finley Avenue to Short Street. This task includes the additional work involved to prepare the roadway, drainage, signing and striping and traffic control plans and estimates for the parkway widening between Finley Avenue and Short Street. 2. Additional Traffic Signal Modifications (VA) VA's original proposal included the traffic signal modifications along Newport Boulevard at the 32nd Street and Finley Avenue intersections only. Based on the final approved Concept Plan and discussions with the City, traffic signal modifications will be required at the Via Lido and 30th Street intersections as well. This task includes preparation of additional two traffic signal modification plans and estimates. 3. Parking Lot and Wall Improvements (VA) VA's original proposal did not include the parking lot improvements at the former bank site and adjacent parking lot. In addition, per the Project IS/MND, a 6 -foot wall is required at 3204 Marcus Avenue as a noise mitigation measure. This task includes the preparation of plans and estimates for the new parking lot and wall. 4. As -Needed Archaeological and Paleontological Monitoring As needed and to comply with mitigation measures CUL -1 and CUL -2 of the Project IS/MND, Chambers Group will provide a qualified archaeologist to monitor construction activities for archaeological resources as well as a qualified paleontologist to monitor construction activities for paleontological resources. Upon discovery of archaeological or paleontological resources, a monitor will be provided by Chambers Group to assess the resource and evaluate any potential impacts that may occur during additional subsurface construction activities. The monitor will maintain notes in the form of an Archaeological/Paleontological Monitoring Log that will be available to the Client upon request at any time during the Project. The monitor may stop work in the area of a resource if one is identified and if continued construction would likely cause additional damage to intact materials. if needed, the monitor will be responsible for ensuring that any intact cultural and paleontological deposits or features are properly identified and recorded. During the Project, if encountered, any ;identified human remains will be treated with respect and in accordance with the procedure defined by the Native American Graves Protection and Repatriation Act of 1990 (43 CFR 10) (NAGPRA). Chambers Group's staff has experience in consulting with Native American Groups and representatives and will work alongside any Native American monitors that may be present at the site. Additionally, Chambers Group staff has experience in working with the agencies to identify the preferred method to address public concerns and questions while monitoring during construction. Daily Monitoring Costs: Chambers Group assumes one day of monitoring will cost $950.00. The cost estimate for as -needed monitoring is based on an inclusive daily rate for onsite monitoring at $950.00 per monitor per day. This cost includes time on site (8 hour days), equipment needed, vehicle usage, and Project management time. It is assumed that one monitor would be utilized for this Project and would be responsible for both archaeological and paleontological resources if resources are encountered. This proposal assumes ten days of onsite monitoring. 5. Street and Parking Lot Light Improvements (JMD) JMDiaz, Inc. (JMD) will develop the plans, specifications and estimates for the decorative street lighting along Newport Boulevard between Via Lido and 30th Street. The scope of these services is as follows: a. Project Administration, Meetings, Research and Coordination The JMD Team will meet with the City and confirm the Project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the Project development process and facilitate timely review and approval of submittals. A total of two (2) meetings with City staff will be held to keep all parties informed, resolve issues and successfully complete the Project. JMD assumes that no portions of the Project are located within State right-of-way nor will require any special permitting. JMD will assemble, sort and review existing available information on the Project area, including "as -built" plans, maps, studies, existing right-of-way and utility information in order to become familiar with the Project, ascertain the completeness and accuracy of available information and determine additional information requirements. Due to the straightforward nature of the Project, field review(s) for the Project is anticipated to consist of the following: The Project site will be field -inventoried to determine proposed locations of street lighting conduit, equipment, sidewalk and miscellaneous topographic features, including, street lighting as-builts. 2. Any recommended additions or deletions to the Project will be developed at this time. A recommendation will be maderegarding improvements necessary to achieve the City's objectives. 3. JMD will provide field base mapping and utility clarifications during field reviews. Existinq and proposed utilities obtained from VA will be shown on 4. JMD will identify existing underground and overhead utility lines that may interfere with the location of street lighting equipment. For electrical services, JMD will coordinate with the Southern California Edison Company (SCE) for new or modification to existing service cabinet(s) within the Project limits, if needed. Conducting detailed field surveys as well as right of way engineering are not included in this proposal. b. Photometric Analysis and Concept Plan JMD will prepare one (1) photometric analysis for the proposed street lights to be installed within the proposed median islands, and one (1) photometric analysis for the proposed parking lot lights. This analysis will determine the proposed street light locations based on City -standard illumination levels or spacing criteria. This analysis will also be based on the City -approved light standards being proposed for this Project. Following the analysis, a concept plan will be developed identifying the proposed locations of the new street lights. C. Plans, Specifications and Estimate After review and approval of the concept plan by the City, JMD will prepare construction plans for the proposed street lighting improvements which comply with City regulations and standards. JMD will prepare two (2) detailed street/parking lot lighting plans at a scale of 1"=40' and one (1) street lighting detail sheet. The plans will address the following proposed street/parking lot lighting conditions: A new city -owned street lighting system installed within the median islands of Newport Boulevard between Via Lido and 30th Street. A new city -owned parking lot lighting system installed within the proposed parking lot at the northwest corner of Newport Boulevard and 32nd Street. It is assumed that City standard details will be used for the foundations and detailed structural calculations are not required. JMD will also prepare a list of construction bid items, specifications and of probable construction cost for the Project. The opinion of f construction cost will include a list of proposed items, estimated quantit current unit costs resulting in line -item cost estimates. To ensure the correct conductor sizing, JMD will prepare voltage; drop calculations for the improvements. The calculations will be prepared in Excel spreadsheet format. Based on the National Electrical Code (NEC), the maximum recommended voltage drop for a combination of both branch circuit and feeder circuit should not exceed 5%. This methodology has been successfully utilized in previous Projects with the City of Newport Beach and will continue with this Project unless the City determines a different value. d. Post -Design Support JMD will provide post -design support which includes the following tasks: The review of shop drawings will include up to two (2) working drawing submittals, construction contractor's submittal for substitutions, contractor's alternative construction approval and other submittals, as requested by the City during construction. Review/respond to up to two (2) contractor's RFI's/RFC's. 3. Prepare "as -built' drawings following construction completion. 6. Environmental Consulting Services (N&M) Ninyo and Moore (N&M) will provide the following services as recommended in their Initial Site Assessment for the Project and listed as mitigation measures in the Project IS/MND: a. Project Coordination, Work Plan and Health Safety Pian, and Permitting Ninyo & Moore will prepare a work plan discussing the sampling activities for an ADL survey and SI. A site-specific health and safety plan (HSP) will be included in the work plan to address worker safety for each field activity. The HSP will be reviewed and signed by a Certified Industrial Hygienist. After the City of Newport Beach (City) reviews and approves our work plan and prior to the initiation of field sampling, Ninyo & Moore will obtain an encroachment permit from the City, conduct a site reconnaissance, mark proposed boring locations, and contact Underground Service Alert (USA) to request that they delineate locations of utilities in the proposed sampling areas. b. Aerially Deposited Lead (ADL) Survey N&M's proposed scope of services for the ADL sur subsurface contamination (as required by mitigation Project IS/MND) will include the activities listed below: Field Sampling and Laboratory Testing • Six borings will be advanced within the City right-of-way. Borings advanced in the unpaved areas along northbound and southbound I Boulevard, including locations at the intersection of Finley Avenue E Street. The borings will be advanced by hand auger and sampled to of up to 4 feet to collect samples for lead impact assessment. Sam' be collected at the surface, and at approximate depths of 1.5, 3, an below ground surface (bgs). Duplicate samples will not be collected,'i Soil samples will be properly preserved; information correctly entered on a chain -of -custody, and transferred to a State -certified environmental testing laboratory. Soil samples will be analyzed for the following. o Up to 24 soil samples will be analyzed for total lead by United States Environmental Protection Agency (EPA) Method 6010B. that have total lead concentrations greater than or equal to per kilogram (mg/kg) will be analyzed for soluble lead by the C. California Waste Extraction Test (WET) method. Approximately eight soil samples (estimated) will be analyzed for soluble lead concentrations by the WET method. o Soil samples that have total lead concentrations greater than or equal to 100 mg/kg will be analyzed for soluble lead by the Federal Toxicity Characteristic Leaching Procedure (TCLP). Approximately four soil samples (estimated) will be analyzed for soluble lead by the TCLP. Sampling equipment will be decontaminated with a soap and water wash, followed by two water rinses. After sampling the boring will be backfilled with hydrated bentonite and surfaced with concrete. Waste cuttings and decontamination water with be containerized in a Department of Transportation -(DOT-) approved drum and left in a secure on site location provided by the Client pending waste characterization and disposal. Ninyo & Moore will arrange for disposal of the waste in accordance with state and federal regulations. ADL Report Preparation Following receipt of the laboratory data, an ADL survey report will be prepared, which will describe Ninyo and Moore's field methodologies and findings. The report will include analytical results in narrative and tabular form, sample location diagrams, and recommendations for additional assessment, if needed. The report will be signed by a California Professional Geologist or Engineer. Subsurface Investigation (SI) N&M's proposed scope of services for the SI to address potential subsurface contamination (as required by mitigation measure HAZ-1 of the Project IS/MND) will include the activities listed below: Field Sampling and Laboratory Testing • Advance five borings to 10 feet from the locations of suspected impact. Soil samples will be collected at the surface, 5, and 10, feet. Soil samples will be screened in the field with a photo -ionization detector.., Groundwater is expected to be encountered and will be punch TM or equivalent. Soil and groundwater samples will be properly preserved; infr correctly entered on a chain -of -custody, and transferred to a State - environmental testing laboratory. The surface soil sample, the soil with the highest PID reading, and the groundwater sample from eac will be analyzed for total petroleum hydrocarbons, volatile compounds and Title 22 Metals in general accordance with EPAI 80158, 826013/5035, and 6000/7000 series, respectively. Sampling equipment will be decontaminated with a soap and water wash, followed by two water rinses. After sampling the boring will be backfilled with hydrated bentonite and surfaced with concrete. Waste cuttings and decontamination water with be containerized in a DOT - approved drum and left in a secure on site location provided by the Client pending waste characterization and disposal. Ninyo & Moore will arrange for disposal of the waste in accordance with state and federal regulations. CJ SI Report Preparation A SI report will be prepared following receipt of laboratory analytical data. Analytical results will be compared to appropriate health screening levels. The report will include a brief discussion of the site background, site characteristics, environmental setting, description of the site investigation, conclusions, limitations, tables, figures, photographs, soil boring logs, analytical results, and recommendations. The report will be signed by a California Professional Geologist or Engineer. Hazardous Building Material Survey (HBMS) Ninyo & Moore proposes the following scope of services for the HBMS (as required by mitigation measure HAZ-3 of the Project IS/MND): Field Sampling and Laboratory Testing • A California Certified Asbestos Consultant (CAC) or Site Surveillance Technician will survey and inspect the existing building materials from the structure planned for demolition to assess homogeneous areas, and suspected asbestos containing materials (ACMs) within the structure. Suspect building materials, including roofing materials will be collected in accordance with EPA National Emissions Standards for Hazardous Air Pollutants guidelines. Laboratory analysis of up to 75 samples (including layers) will be analyzed by polarized light microscopy and conducted in accordance with EPA Method 600/R-93/116 at a National Voluntary Laboratories Accreditation Program certified laboratory with a 3 to 5 day turnaround time. If additional samples are necessary, an additional cost of approximately $15 per layered sample will be requested. Ninyo & Moore will contact the Client prior to collection of additional samples. • Accessible painted surfaces within the interior and exterior of the structure will be screened for lead content with an X -Ray Fluorescence (XRF) instrument by a California Department of Public Health (CDPH) certified lead inspector/assessor (LI/A) or CDPH lead sampling technician. The XRF will be operated in accordance with the Performance Characteristic Sheet associated with the instrument. The LCS Surveys will generally follow EPA and Department of Housing and Urban Development (HUD) guidelines. Testing of the painted surfaces will be patterned after the inspection protocol in Chapter 7 of the HUD Guidelines. Multiple readings will be collected to resolve inconsistencies in the test results. A visual assessment of the structure will be performed to miscellaneous hazardous building materials including Universal W materials. This includes but is not limited to, potential mercury-( switches, polychlorinated biphenyls -containing light ballasts and fluorescent light tubes, Freon -containing refrigeration systems, a containing exit signs, which may be potentially affected by the demolition activities. HBMS Report Preparation A HBMS report will be prepared for the procedures and results of the surveys in and approximate quantities of ACMs, LC recommendations. ACM and LCSs will'I material for the Clients use in their bid sp a CAC and LI/A, document the Project field riptions, locations, condition ry reports, conclusions, and I in square or linear feet of The report will be signed by 7 Assumptions for Environmental Consulting Services The following assumptions have been made by Ninyo and Moore in the preparation of their scope of services: • Ninyo and Moore services are subject to prevailing wage requirements. • No permits will be required other than the City encroachment permit for the right - of -entry to the site for performing Ninyo and Moore's field work. • Ninyo and Moore will contact USA prior to performing their subsurface evaluation. However, the City will provide Ninyo and Moore with any additional information regarding the presence of utilities within the Project area. Ninyo & Moore will not be responsible for utilities encountered during drilling that have not been marked out or shown on the plans. • The borings will be backfilled with bentonite and surfaced to its original grade with concrete. • Laboratory testing will be performed using normal turn -around time for the method. • Waste soil and decontamination water will be non -hazardous. • Traffic control will be performed in general accordance with the Work Area Traffic Control Handbook Manual. Project -specific traffic control plans will not be needed. • The visual observations made and material sampling/testing performed by Ninyo & Moore for the HBMS will be limited to accessible areas of the structure. As such, some materials and/or surfaces that are enclosed in wall cavities, ceiling or canopy soffits, and behind plumbing fixtures may be inaccessible. Laboratory testing of any suspect materials and/or surfaces, which are not encountered during survey activities but are exposed during demolition activities, is recommended, otherwise these materials should be assumed to be hazardous materials containing. This proposal included up to 150 samples (including layers) to be collected for asbestos content. • Proposal does not include asbestos polarized light microscopy point count laboratory analysis. • Roofing samples will be collected as part of the scope of work. Ninyo & Moore will immediately patch roof areas impacted by sample collection. Note that collecting samples of roofing materials may invalidate roof warranties, of which Ninyo & Moore will not be held responsible. If the Client does not wish Ninyo & Moore to collect roof samples, please notify us prior to the start of field survey activities. Additional Potholing (VA) After preparation of the 50% Improvement Plans, it was determined that budget for potholing will be required to locate active and abandoned utilities conflicts with the proposed location of new underground utilities and signal deep foundations. This budget will be used as directed by the City's Project in 8. Preparation of Three (3) Additional Landscape Concept Plans NUVIS will prepare three (3) additional Landscape Concept Plans. These Concept Plans will include upgraded features such as decorative, lighting, monuments, site furnishings, water features, decorative hardscaping, and enhanced landscaping. The Project team will present the alternatives to City Staff and the preferred alternative to City Council if necessary. 9. Preparation of One (1) Perspective Rendering of Preferred Alternative NUVIS will prepare one (1) perspective rendering of the preferred Landscape Concept Plan alternative. This rendering will be presented to City Council along with the preferred Landscape Concept Plan. 10. Additional Project Management, Meetings and Coordination This task includes the presentations to City Staff and City Council described in items 8 and 9 above in addition to the additional Project management and coordination required to complete those tasks. VA Consulting, Inc. Page B-1 EXHIBIT "B" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 1 FEE ESTIMATE 1. Additional Roadway Improvements (VA).................................................................$ 11,500 2. Additional Traffic Signal Modifications (VA)............................................................. $ 10,500 3. Parking Lot and Wall Improvements (VA)................................................................$ 11,200 4. As Needed Archaeological and Paleontological Monitoring (Chambers) .................. $ 9,500 5. Street and Parking Lot Light Improvements (JMD) a. Project Administration, Meetings, Research and Coordination ............................$ 3,200 b. Photometric Analysis and Concept Plan............................................................. $ 3,100 c. Plans, Specifications and Estimate.....................................................................$ 12,100 d. Post -Design Support..........................................................................................$ 1,000 6. Environmental Consulting Services (N&M) a. Project Coordination, Work Plan and Health Safety Plan, and Permitting ..........$ 4,000 b. Aerially Deposited Lead (ADL) Survey............................................................... $ 9,200 c. Subsurface Investigation (SI).............................................................................$ 25,300 d. Hazardous Building Material Survey (HBMS) ........................... ..........$ 7,200 7. Additional Potholing (VA)................................................................ ..................$ 10,000 8. Preparation of Three (3) Additional Landscape Concept Plans ................................ $ 12,200 9. Preparation of One (1) Perspective Rendering of Preferred Alternative .................. $ 2,200 10. Additional Project Management, Meetings and Coordination ...................................$ '4,500 TOTAL FEE ESTIMATE................................................................................................$136,700 i 1 ® A� ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 10/13/2014 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 polcy(ies) must be endorsed. If 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 Van Beurden IRs. Serv, Inc. - Xingsburg PO Box 67 CONTACT NAME: Jeanette Heinriche PHONE FAX IAIC. No Ed: (559) 897-2975 AIC No:(559) 897-4070 EMAIL X I COMMERCIAL GENERAL LIABILITY Xingsburg CA 93631 ADDRESS: --- INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: Lloyd's Of London 15792 INSURED (714_)_630-386l INSURER B: Golden Bell Products, Inc. ------ INSURER C INSURER D: P.O. BOX 366 INSURER E: Atwood CA 92811 INSURER F: X Peat./Herb. Endt. Rr1VFPARFC CFRTIFICATF NI IMRFP- CPrh TO 1 gR44 RFVIRION NI IMRFR- 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 TYPE OF INSURANCE ADDL SUER' POUCY NUMBER POLICY EFF MM/DDWYYY POLICY EXP MM/DDMYY LIMITS A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X CLAIMS -MADE 71 OCCUR 141PGO57138 10/25/201410/25/2015 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 X Peat./Herb. Endt. BI/PD Dedt. 1,000 PERSONAL& ADV INJURY $ 1,000,000 GEHL AGGREGATE LIN17APPUES PER: iGENERAL AGGREGATE $ 2,000,000 PRO-JECT ❑ LOC X POLICY iPRODUCTS- COMPIOP AGG $ 1,000,000 F. . OTHER'. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Par person) $ ANY AUTO BODILY INJURY(Peramident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE $ n Per accidet NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I ! RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OTH STATUTE ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A ---- (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ i DISEASE POLICYLIMIT $ under HES DESCRIPTION DESCRIPTION un OPERATIONS below A Transit/Road Spill Endt. 71 14IPGO57138 10/25/2014 10/25/20151,000 Dedt. 1,000,000 A Job Site Pollution 141PGO57138 10/25/2014 10/25/20152,500 Dedt. 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Utilities Department Re: Manhold spraying for roach control at various city location It is agreed that the City of Newport Beach, its elected or appointed officers, offi 'alsy�N1t� P 1�' Works employees, agents and volunteers are named as additional insureds as respects to General L'i 11%t per attached additional insured form only when required by written contract. OCT 16 2094 Received City of Newport Beach P. O. Box 1768 Newport Beach CA 92658-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CORPORATION. All rinhtS rPservad_ ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 141PGO57138 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 NAME INSURED: Golden Bell Products, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nance of Person or Organization: BLANKET AS REQUIRED BY INSURED'S WRITTEN CONTRACT Location of Covered Operation: BLANKET AS REQUIED BY INSURED'S WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. It is agreed such insurance as is afforded by this policy for the benefit of the additional insured(s) shown in the endorsement, shall be primary insurance. Any other insurance maintained by the additional insured(s) shall be excess and non-contributory not only as respect to any claim, loss or liability arising out of the operations of the named insured, and only if such a claim, loss or liability is determined to be solely the negligence or responsibility of the named insured. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 0 POLICY NUMBER: 141PGO57138 Golden Bell Products, Inc. COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY INSURED'S WRITTEN CONTRACT Location And Description of Completed Operations: BLANKET AS REQUIRED BY INSURED'S WRITTEN CONTRACT Additional Premium: NIA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who is An insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". POLICY NUMBER: 141PGO57138 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY INSURED'S WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 2 0 Ae Rp® CERTIFICATE OF LIABILITY INSURANCE Ili F MI 1 10/9/20Dom) 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(ies) must be endorsed. If 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 Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 CONTACT NAME: Sand Peters PHONE 626 844-3070 FAx A C Nop 626 844-3074 AIC4AI ss. speters@insdra.com INSURERJS) AFFORDING COVERAGE NAIL # X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 111 OCCUR INSURER A:TravelerS Indemnity Co. of Connecti 25682 INSURED INSURER B:TravelersProperty Casualty CcofA 25674 RK engineeringgroup, Inc. 4000 Weste ly Place, Suite: 280 Newport Beach, CA 92660 INSURERC:XL Specialty Insurance Co. 37885 NsuRER 0: INSURER E: 949 474-0809 INSURER F : COVERAGES CERTIFICATE NUMRFR- 2042980223 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 TYPE OF INSURANCEADULISUER INSD WVD POLICY NUMBER POLICY EFF Will /YYYYI POLICY EXP IMMIDD/YYYIY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 111 OCCUR 68054291-154 10/14/2014 110/14/2015 EACH OCCURRENCE $2,000,00D DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL& ADV INJURY $2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 PRO- POLICYI x�JECT LOC GENERAL AGGREGATE $4,000,000 PRODUCTS-COMP/OP AGG $4,000,000 $ OTHER: B AUTOMOBILE LIABILITY BA54291-150 10/14/2014 10/14/2015 COMBINED SINGLE LIMT— 8._.... Ea amidenl 1.000,000 BODILY INJURY(Per person) $ ANY AUTO AUTOWNED AUTOSULED BODILY JURY (Per accident) $ HXNoOwnedAutos HIRED AUTOS XNON-OWNED PROPERTY AMAAUTOS Per accident $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE Is AGGREGATE I $ EXCESS LIAR CLAIMS -MADE DED I RETENTION$ $ B WORKERS AND EMPLOYERSELIABILOITY YIN ANY PROPRIETORFARTNERIEXECUTIVE OFFICERWEMBER EXCLUDED7 N I A U85276Y466 11112014 1{112015 X STATUTE EORH E.L. EACH ACCIDENT $1,000,000 E.L. DIS_EA_SE-EA_EMPLOYEE $1,000,000 (Mandatory in NH) If yyes, describe under DESCRIPTIONOFOPERATIONS bed. IE.L. —— DISEASE -POLICY LIMIT $1,000,000 C Professional Liability DPS9704457 1/1/2014 11112015 $1,000,000 Per Claim $2,000,000 Annl Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space is required) *General Liability excludes claims arising out of the performance of professional services" RE: On -Call Professional Engineering Services -- City of ewp . g��h�isgcted r appointed officers, officials, employees, agents and volunteers are named as additional insured as respects g eral n F Ire non -owned uto liability for claims arising from the operations of the named insured as required per contract or agreement. OCT 162014 a.cn nr wr„ g nvw Grp B .....`tir3tiCi Ct, YIrr ,ry OV vay "YV / IV U,dV Jul INUIIrdV UI rlem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach, Public Works Dept. ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Patrick Thomas, Deputy Dir. of Public Works 100 Civic Center Drive AU RIZED REPRE NTATIVE Newport Beach CA 92660 TION. All rights raRsimprt ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CITY OF F NEWPORT REACH City Council Staff Report October 28, 2014 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer PHONE: (949) 644-3315 TITLE: Newport Boulevard and 32nd Street Modification — Approval of Amendment No. 1 with VA Consulting, Inc. (CAP12-0009) ABSTRACT: Final design of the Newport Boulevard and 32nd Street Modification project is currently underway. Additional Civil Engineering services are needed to incorporate street lighting, traffic signal and landscape improvements which were not included in the original Professional Services Agreement. Additional environmental services are also needed to comply with the Mitigation Monitoring and Reporting Program (MMRP). RECOMMENDATION: Approve Amendment No. 1 with VA Consulting of Irvine, California for additional Civil Engineering and environmental services for the Newport Boulevard and 32nd Street Modification project at a not -to -exceed price of $136,700, and authorize the Mayor and City Clerk to execute Amendment No. 1. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for the approval of Amendment No. 1. The amount of $136,700 will be expensed to Gas Tax fund account No. 7181-C2002048. DISCUSSION: The proposed project on Newport Boulevard and the intersection of Newport Boulevard and 32nd Street has been developed in an effort to increase vehicle and bike capacity, improve safety and reduce traffic congestion to an acceptable level of service. This roadway widening project is located on Newport Boulevard between Via Lido and 30th Street and involves widening Newport Boulevard to accommodate one additional northbound through lane from 30th Street to 32nd Street and one additional southbound through lane from Via Lido to 32nd Street terminating as a right -turn only lane at 32nd Street. Bike lanes on both sides of Newport Boulevard will be extended from Via Lido to 32nd Street. The intersection at 32nd Street will be modified to improve roadway geometrics. 7-1 This project also involves the construction of raised landscaped medians, parkway trees and some other landscaping, street light modifications with upgrades to LEDs, traffic signal modifications, and signing and pavement striping. As a result of the roadway widening and the addition of vehicular and bike lanes, on - street parking along Newport Boulevard between Via Lido and 30th Street will be removed and replaced with a new parking lot. The new public parking lot will be constructed on the former bank property located at the northwest corner of Newport Boulevard and 32nd Street. This new public parking lot, several other existing public parking lots in the vicinity, and four privately owned parking lots on the west side of Newport Boulevard will serve the existing businesses between 32nd Street and Short Street. Since the original scoping of the concept and corresponding necessary Civil Engineering services, additional street improvements are now planned to be incorporated in the final design including new LED street lighting on Newport Boulevard, modification and upgrades of two additional traffic signals (at 30th Street and Via Lido intersections) and extensive landscape improvements at the 32nd Street intersection. Additionally, as a result of the environmental clearance process, some additional environmental services will also be required to comply with the Mitigation Monitoring and Reporting Program (MMRP). To accomplishment this, staff is requesting Council approve an amendment to the contract with VA Consulting of Irvine, California for additional Civil Engineering and environmental services for the Newport Boulevard and 32nd Street Modification project at a not -to -exceed price of $136,700. This will bring the total design contract amount to $415,673. ENVIRONMENTAL REVIEW: The approval of Amendment No. 1 with VA Consulting is administrative and is not subject to the California Environmental Quality Act ("CEQA"). A Mitigated Negative Declaration (MND) has been prepared and circulated for public review. Staff is recommending the adoption of the MND as part of a separate City Council agenda item. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map Attachment B - Amendment No. 1 with VA Consulting 7-2 M PROJECT LOCATION FINLEY AVE' NEWPORT BLVD AND 32ND ST MODIFICATION LOCATION MAP cn F- z w J Q U N CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4881 1 10/28/14 7-3 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this day of 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VA CONSULTING, INC., a California corporation ("Consultant"), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: RECITALS A. On June 12, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for the Newport Boulevard and 32nd Street Modification. ("Project"). B. City desires to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to December 31, 2016, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 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 December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." 7-4 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Fifteen Thousand, Six Hundred Seventy Three Dollars and 00/100 ($415,673.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Thirty Six Thousand, Seven Hundred and 00/100 Dollars ($136,700.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] VA Consulting, Inc. Page 2 7-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: IU ILI 1 ' I w IV - I Aaron C. Harp 6lanna0-0� City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk Attachments: VA Consulting, Inc. CITY OF NEWPORT BEACH, a California municipal corporation Rush N. Hill, II Mayor CONSULTANT: VA Consulting, Inc., a California corporation Date: By: Max P. Vahid, P.E President and CEO Date: Michael S. Carter Secretary and CFO [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Page 3 7-6 EXHIBIT A SCOPE OF SERVICES VA Consulting, Inc. Page A-1 7-7 EXHIBIT "A" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD. AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 1 SCOPE OF SERVICES Additional Roadway Improvements (VA) VA's original proposal was based on the Concept Plan provided by the City in the original RFP. The limits of the parkway widening improvements shown on this Concept Plan ended at Finley Avenue. The final approved Concept Plan (prepared by VA) extended the parkway widening improvements past Finley Avenue to Short Street. This task includes the additional work involved to prepare the roadway, drainage, signing and striping and traffic control plans and estimates for the parkway widening between Finley Avenue and Short Street. 2. Additional Traffic Signal Modifications (VA) VA's original proposal included the traffic signal modifications along Newport Boulevard at the 32nd Street and Finley Avenue intersections only. Based on the final approved Concept Plan and discussions with the City, traffic signal modifications will be required at the Via Lido and 30th Street intersections as well. This task includes preparation of additional two traffic signal modification plans and estimates. 3. Parking Lot and Wall Improvements (VA) VA's original proposal did not include the parking lot improvements at the former bank site and adjacent parking lot. In addition, per the Project IS/MND, a 6 -foot wall is required at 3204 Marcus Avenue as a noise mitigation measure. This task includes the preparation of plans and estimates for the new parking lot and wall. 4. As -Needed Archaeological and Paleontological Monitoring (Chambers) As needed and to comply with mitigation measures CUL -1 and CUL -2 of'the Project IS/MND, Chambers Group will provide a qualified archaeologist to monitor construction activities for archaeological resources as well as a qualified paleontologist to monitor construction activities for paleontological resources. Upon discovery of archaeological or paleontological resources, a monitor will be provided by Chambers Group to assess the resource and evaluate any potential impacts that may occur during additional subsurface construction activities. The monitor will maintain notes in the form of an Archaeological/Paleontological Monitoring Log that will be available to the Client upon request at any time during the Project. The monitor may stop work in the area of a resource if one is identified and if continued construction would likely cause additional damage to intact materials. If needed, the monitor will be responsible for ensuring that any intact cultural and paleontological deposits or features are properly identified and recorded. During the Project, if encountered, any identified human remains will be treated with respect and in accordance with the procedure defined by the Native American Graves Protection and Repatriation Act of 1990 (43 CFR 10) (NAGPRA). Chambers Group's staff has experience in consulting with Native American Groups and representatives and Offices in: Irvine Corona CoachellaValley San Diego• Phoenix, 5. will work alongside any Native American monitors that may be present at the site. Additionally, Chambers Group staff has experience in working with the agencies to identify the preferred method to address public concerns and questions while monitoring during construction. Daily Monitoring Costs: Chambers Group assumes one day of monitoring will cost $950.00. The cost estimate for as -needed monitoring is based on an inclusive daily rate for onsite monitoring at $950.00 per monitor per day. This cost includes time on site (8 hour days), equipment needed, vehicle usage, and Project management time. It is assumed that one monitor would be utilized for this Project and would be responsible for both archaeological and paleontological resources if resources are encountered. This proposal assumes ten days of onsite monitoring. Street and Parking Lot Light Improvements (JMD) JMDiaz, Inc. (JMD) will develop the plans, specifications and estimates for the decorative street lighting along Newport Boulevard between Via Lido and 30th Street. The scope of these services is as follows: a. Project Administration, Meetings, Research and Coordination The JMD Team will meet with the City and confirm the Project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the Project development process and facilitate timely review and approval of submittals. A total of two (2) meetings with City staff will be held to keep all parties informed, resolve issues and successfully complete the Project. JMD assumes that no portions of the Project are located within State right-of-way nor will require any special permitting. JMD will assemble, sort and review existing available information on the Project area, including "as -built' plans, maps, studies, existing right-of-way and utility information in order to become familiar with the Project, ascertain the completeness and accuracy of available information and determine additional information requirements. Due to the straightforward nature of the Project, field review(s) for the Project is anticipated to consist of the following: 1. The Project site will be field -inventoried to determine existing and proposed locations of street lighting conduit, equipment, right-of-way, sidewalk and miscellaneous topographic features, including gathering City street lighting as-builts. 2. Any recommended additions or deletions to the Project will be developed at this time. A recommendation will be made regarding improvements necessary to achieve the City's objectives. JMD will provide field base mapping and utility clarifications during field reviews. Existing and proposed utilities obtained from. VA will be shown on the plans. Qeesfn: rvine Corona Coaehelln Ualfey San DfegoPhoenix, AZ 7-9 4. JMD will identify existing underground and overhead utility lines that may interfere with the location of street lighting equipment. For electrical services, JMD will coordinate with the Southern California Edison Company (SCE) for new or modification to existing service cabinet(s) within the Project limits, if needed. Conducting detailed field surveys as well as right of way engineering are not included in this proposal. b. Photometric Analysis and Concept Plan JMD will prepare one (1) photometric analysis for the proposed street lights to be installed within the proposed median islands, and one (1) photometric analysis for the proposed parking lot lights. This analysis will determine the proposed street light locations based on City -standard illumination levels or spacing criteria. This analysis will also be based on the City -approved light standards being proposed for this Project. Following the analysis, a concept plan will be developed identifying the proposed locations of the new street lights. C. Plans, Specifications and Estimate After review and approval of the concept plan by the City, JMD will prepare construction plans for the proposed street lighting improvements which comply with City regulations and standards. JMD will prepare two (2) detailed street/parking lot lighting plans at a scale of 1"=40' and one (1) street lighting detail sheet. The plans will address the following proposed street/parking lot lighting conditions: 1. A new city -owned street lighting system installed within the median islands of Newport Boulevard between Via Lido and 30th Street. 2. A new city -owned parking lot lighting system installed within the proposed parking lot at the northwest corner of Newport Boulevard and 32nd Street. It is assumed that City standard details will be used for the street light pole foundations and detailed structural calculations are not required. JMD will also prepare a list of construction bid items, specifications and opinion of probable construction cost for the Project. The opinion of probable construction cost will include a list of proposed items, estimated quantities, and current unit costs resulting in line -item cost estimates. To ensure the correct conductor sizing, JMD will prepare voltage drop calculations for the improvements. The calculations will be prepared in an Excel spreadsheet format. Based on the National Electrical Code (NEC), the maximum recommended voltage drop for a combination of both branch circuit and feeder circuit should not exceed 5%. This methodology has been successfully utilized in previous Projects with the City of Newport Beach and will continue with this Project unless the City determines a different value. Q ices in: Irvine •Corona •C•onchella t/alfey •San Diego• hoer' ,AZ 7-10 d. Post -Design Support JMD will provide post -design support which includes the following tasks: The review of shop drawings will include up to two (2) working drawing submittals, construction contractor's submittal for substitutions, contractor's alternative construction approval and other submittals, as requested by the City during construction. Review/respond to up to two (2) contractor's BFI's/RFC's. Prepare "as -built' drawings following construction completion. 6. Environmental Consulting Services (N&M) Ninyo and Moore (N&M) will provide the following services as recommended in their Initial Site Assessment for the Project and listed as mitigation measures in the Project IS/MND: a. Project Coordination, Work Plan and Health Safety Plan, and Permitting Ninyo & Moore will prepare a work plan discussing the sampling activities for an ADL survey and SI. A site-specific health and safety plan (HSP) will be included in the work plan to address worker safety for each field activity. The HSP will be reviewed and signed by a Certified Industrial Hygienist. After the City of Newport Beach (City) reviews and approves our work plan and prior to the initiation of field sampling, Ninyo & Moore will obtain an encroachment permit from the City, conduct a site reconnaissance, mark proposed boring locations, and contact Underground Service Alert (USA) to request that they delineate locations of utilities in the proposed sampling areas. b. Aerially Deposited Lead (ADL) Survey N&M's proposed scope of services for the ADL survey to address potential subsurface contamination (as required by mitigation measure HAZ-2 of the Project IS/MND) will include the activities listed below: Field Sampling and Laboratory Testing Six borings will be advanced within the City right-of-way. Borings will be advanced in the unpaved areas along northbound and southbound Newport Boulevard, including locations at the intersection of Finley Avenue and 32"d Street. The borings will be advanced by hand auger and sampled to a depth of up to 4 feet to collect samples for lead impact assessment. Samples will be collected at the surface, and at approximate depths of 1.5, 3, and 4 feet below ground surface (bgs). Duplicate samples will not be collected. Soil samples will be properly preserved; information correctly entered on a chain -of -custody, and transferred to a State -certified environmental testing laboratory. Soil samples will be analyzed for the following. o Up to 24 soil samples will be analyzed for total lead by United States Environmental Protection Agency (EPA) Method 6010B. o Soil samples, that have total lead concentrations greater than or equal to 50 milligrams per kilogram (mg/kg) will be analyzed for soluble lead by the OCfcesia: Irvine •Corona coac-helta Palley San DiecUo•Phoenix,AZ 7-11 C. California Waste Extraction Test (WET) method. Approximately eight soil samples (estimated) will be analyzed for soluble lead concentrations by the WET method. o Soil samples that have total lead concentrations greater than or equal to 100 mg/kg will be analyzed for soluble lead by the Federal Toxicity Characteristic Leaching Procedure (TCLP). Approximately four soil samples (estimated) will be analyzed for soluble lead by the TCLP. Sampling equipment will be decontaminated with a soap and water wash, followed by two water rinses. After sampling the boring will be backfilled with hydrated bentonite and surfaced with concrete. Waste cuttings and decontamination water with be containerized in a Department of Transportation -(DOT-) approved drum and left in a secure on site location provided by the Client pending waste characterization and disposal. Ninyo & Moore will arrange for disposal of the waste in accordance with state and federal regulations. ADL Report Preparation Following receipt of the laboratory data, an ADL survey report will be prepared, which will describe Ninyo and Moore's field methodologies and findings. The report will include analytical results in narrative and tabular form, sample location diagrams, and recommendations for additional assessment, if needed. The report will be signed by a California Professional Geologist or Engineer. Subsurface Investigation (SI) N&M's proposed scope of services for the SI to address potential subsurface contamination (as required by mitigation measure HAZ-1 of the Project IS/MND) will include the activities listed below: Field Sampling and Laboratory Testing • Advance five borings to 10 feet from the locations of suspected impact. Soil samples will be collected at the surface, 5, and 10, feet. Soil samples will be screened in the field with a photo -ionization detector. • Groundwater is expected to be encountered and will be sampled by a hydro - punch TM or equivalent. • Soil and groundwater samples will be properly preserved; information correctly entered on a chain -of -custody, and transferred to a State -certified environmental testing laboratory. The surface soil sample, the soil sample with the highest PID reading, and the groundwater sample from each boring will be analyzed for total petroleum hydrocarbons, volatile organic compounds and Title 22 Metals in general accordance with EPA Methods 80156, 826013/5035, and 6000/7000 series, respectively. Sampling equipment will be decontaminated with a soap and water wash, followed by two water rinses. After sampling the boring will be backfilled with hydrated bentonite and surfaced with concrete. Waste cuttings and decontamination water with be containerized in a DOT - approved drum and left in a secure on site location provided by the Client pending waste characterization and disposal. Ninyo & Moore will arrange for disposal of the waste in accordance with state and federal regulations. OfFces ine Irvine Corona. 7-12 SI Report Preparation A SI report will be prepared following receipt of laboratory analytical data. Analytical results will be compared to appropriate health screening levels. The report will include a brief discussion of the site background, site characteristics, environmental setting, description of the site investigation, conclusions, limitations, tables, figures, photographs, soil boring logs, analytical results, and recommendations. The report will be signed by a California Professional Geologist or Engineer. d. Hazardous Building Material Survey (HBMS) Ninyo & Moore proposes the following scope of services for the HBMS (as required by mitigation measure HAZ-3 of the Project IS/MND): Field Sampling and Laboratory Testing A California Certified Asbestos Consultant (CAC) or Site Surveillance Technician will survey and inspect the existing building materials from the structure planned for demolition to assess homogeneous areas, and suspected asbestos containing materials (ACMs) within the structure. Suspect building materials, including roofing materials will be collected in accordance with EPA National Emissions Standards for Hazardous Air Pollutants guidelines. Laboratory analysis of up to 75 samples (including layers) will be analyzed by polarized light microscopy and conducted in accordance with EPA Method 600/R-93/116 at a National Voluntary Laboratories Accreditation Program certified laboratory with a 3 to 5 day turnaround time. If additional samples are necessary, an additional cost of approximately $15 per layered sample will be requested. Ninyo & Moore will contact the Client prior to collection of additional samples. Accessible painted surfaces within the interior and exterior of the structure will be screened for lead content with an X -Ray Fluorescence (XRF) instrument by a California Department of Public Health (CDPH) certified lead inspector/assessor (LI/A) or CDPH lead sampling technician. The XRF will be operated in accordance with the Performance Characteristic Sheet associated with the instrument. The LCS Surveys will generally follow EPA and Department of Housing and Urban Development (HUD) guidelines. Testing of the painted surfaces will be patterned after the inspection protocol in Chapter 7 of the HUD Guidelines. Multiple readings will be collected to resolve inconsistencies in the test results. A visual assessment of the structure will be performed to quantify miscellaneous hazardous building materials including Universal Waste Rule materials. This includes but is not limited to, potential mercury -containing switches, polychlorinated biphenyls -containing light ballasts and switches, fluorescent light tubes, Freon -containing refrigeration systems, and tritium containing exit signs, which may be potentially affected by the upcoming demolition activities. HBMS Report Preparation A HBMS report will be prepared for the structure to document the Project field procedures and results of the surveys including descriptions, locations, condition and approximate quantities of ACMs, LCSs, laboratory reports, conclusions, and recommendations. ACM and LCSs will be quantified in square or linear feet of material for the Clients use in their bid specifications. The report will be signed by a CAC and LI/A. Offices in: Irvine Corona Coachella alley San Diego• P oenix 7-13 Assumptions for Environmental Consulting Services The following assumptions have been made by Ninyo and Moore in the preparation of their scope of services: Ninyo and Moore services are subject to prevailing wage requirements. No permits will be required other than the City encroachment permit for the right - of -entry to the site for performing Ninyo and Moore's field work. Ninyo and Moore will contact USA prior to performing their subsurface evaluation. However, the City will provide Ninyo and Moore with any additional information regarding the presence of utilities within the Project area. Ninyo & Moore will not be responsible for utilities encountered during drilling that have not been marked out or shown on the plans. The borings will be backfilled with bentonite and surfaced to its original grade with concrete. G Laboratory testing will be performed using normal turn -around time for the method. Y Waste soil and decontamination water will be non -hazardous. Traffic control will be performed in general accordance with the Work Area Traffic Control Handbook Manual. Project -specific traffic control plans will not be needed. The visual observations made and material sampling/testing performed by Ninyo & Moore for the HBMS will be limited to accessible areas of the structure. As such, some materials and/or surfaces that are enclosed in wall cavities, ceiling or canopy soffits, and behind plumbing fixtures may be inaccessible. Laboratory testing of any suspect materials and/or surfaces, which are not encountered during survey activities but are exposed during demolition activities, is recommended, otherwise these materials should be assumed to be hazardous materials containing. This proposal included up to 150 samples (including layers) to be collected for asbestos content. Proposal does not include asbestos polarized light microscopy point count laboratory analysis. Roofing samples will be collected as part of the scope of work. Ninyo & Moore will immediately patch roof areas impacted by sample collection. Note that collecting samples of roofing materials may invalidate roof warranties, of which Ninyo & Moore will not be held responsible. If the .Client does not wish Ninyo & Moore to collect roof samples, please notify us prior to the start of field survey activities. Additional Potholing (VA) After preparation of the 50% Improvement Plans, it was determined that additional budget for potholing will be required to locate active and abandoned utilities and avoid conflicts with the proposed location of new underground utilities and signal poles with deep foundations. This budget will be used as directed by the City's Project manager. 8. Preparation of Three (3) Additional Landscape Concept Plans NUVIS will prepare three (3) additional Landscape Concept Plans. These Concept Plans will include upgraded features such as decorative lighting, monuments, site furnishings, water features, decorative hardscaping, and enhanced landscaping. The Project team will present the alternatives to City Staff and the preferred alternative to City Council if necessary. ?jfisesin: Irvine C�oronn Goaehella 1/afley San Diego•P oenix,AZ 7-14 9. Preparation of One (1) Perspective Rendering of Preferred Alternative NUVfS will prepare one (1) perspective rendering of the preferred Landscape Concept Plan alternative. This rendering will be presented to City Council along with the preferred Landscape Concept Plan. 10. Additional Project Management, Meetings and Coordination This task includes the presentations to City Staff and City Council described in items 8 and 9 above in addition to the additional Project management and coordination required to complete those tasks. QfFees in: Ervine Corona Coachella halle_y Snn Dieao Phoenix, A, Z 7-15 EXHIBIT B SCHEDULE OF BILLING RATES VA Consulting, Inc. Page B-1 7-16 EXHIBIT "B" REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES FOR NEWPORT BLVD AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT NEWPORT BEACH, CALIFORNIA AMENDMENT No. 1 FEE ESTIMATE 1. Additional Roadway Improvements (VA).................................................................$ 11,500 2. Additional Traffic Signal Modifications (VA)............................................................. $ 10,500 3. Parking Lot and Wall Improvements (VA)................................................................$ 11,200 4. As Needed Archaeological and Paleontological Monitoring (Chambers) ..................$ 9,500 5. Street and Parking Lot Light Improvements (JMD) a. Project Administration, Meetings, Research and Coordination ............................ $ 3,200 b. Photometric Analysis and Concept Plan.............................................................$ 3,100 c. Plans, Specifications and Estimate.....................................................................$ 12,100 d. Post -Design Support ..........................................................................................$ 1,000 6. Environmental Consulting Services (N&M) a. Project Coordination, Work Plan and Health Safety Plan, and Permitting ..........$ 4,000 b. Aerially Deposited Lead (ADL) Survey............................................................... $ 9,200 c. Subsurface Investigation (SI).............................................................................$ 25,300 d. Hazardous Building Material Survey (HBMS)....................................................$ 7,200 7. Additional Potholing (VA).........................................................................................$ 10,000 8. Preparation of Three (3) Additional Landscape Concept Plans ................................ $ 12;200 9. Preparation of One (1) Perspective Rendering of Preferred Alternative ................... $ 2,200 10. Additional Project Management, Meetings and Coordination ................................... $ 4,500 TOTAL FEE ESTIMATE................................................................................................$136,700 0 'feces in: Irvine Corona Coac-hel a Uallem San Diego • Phoenix, AZ 7-17 C- - J tj PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of this IfAth day of t4� , 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and, VA CONSULTING, INC. a California Corporation ("Consultant"), whose address is 6400 Oak Canyon, Suite 150, Irvine, CA 92618 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to improve Newport Boulevard between Via Lido and 30th Street. C. City desires to engage Consultant to prepare construction documents for the Newport Boulevard and 32nd Street Modification ("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 John Wolter, Division President. 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, 2015, 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 Two Hundred Seventy Eight Thousand, Nine Hundred Seventy Three Dollars and no/100 ($278,973.00) 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. VA CONSULTING, INC. 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 Jeff Wilkerson 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Andy Tran, Senior Civil Engineer shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 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. 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. VA CONSULTING, INC. Page 3 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. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 VA CONSULTING, INC. Page 4 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. 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. 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. VA CONSULTING, INC. Page 5 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 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. VA CONSULTING, INC. Page 6 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subroqation. 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. 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. VA CONSULTING, INC. Page 7 16. SUBCONTRACTING City and Consultant agree that subcontractors may be used to complete the Work outlined in the Scope of Services. The subcontractors authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further 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 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 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. VA CONSULTING, INC. Page 9 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 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: VA CONSULTING, INC. Page 10 Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949-644-3315 Fax: 949-644-3308 27.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Jeff Wilkerson, Project Manager VA CONSULTING, INC. 6400 Oak Canyon, Suite 150 Irvine, CA 92618 Phone: 949-474-1400 Fax: 949-261-8482 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 reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. VA CONSULTING, INC. Page 11 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. 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. VA CONSULTING, INC. Page 12 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] VA CONSULTING, INC. 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 By: Aaron C. Harp City Attorney ATTEST: Date: 6 go 2 4 ,1 '�'oR1arP-' CITY OF NEWPORT BEACH, A California municipal corporation Date: (-1/?� 1 Z,� By: Nancy Gardn Mayor CONSULTANT: VA CONSULTING, INC., a California corporation Date: By: G/�v Ma P. aid Pr Ma and CEO Date: By: Michael S. Carter Secretary and CFO [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates VA CONSULTING, INC. Page 14 7 i fl� A d/' �S111 �,' 1 SIS Scope of-WoA Task A — Research, Data Collection and Field Visits Following the notice to proceed, VA will schedule and attend a Kick -Off Meeting with City Staff to initiate the Project; establish lines of communication; review and refine, if needed, the Project scope of work and schedule; establish design guidelines; discuss Project parameters and constraints; and obtain background information. VA will research and obtain available as -built record street improvements, utility plans, assessor's parcel maps, right-of-way maps, geotechnical reports, traffic studies and other pertinent information for the project from the City, County, Caltrans and utility companies such as Orange County Sanitation District. The VA team will initiate and obtain required City and Caltrans permits and right -of -entry for survey and geotechnical field work, if required. VA Team will perform a field walk with sketchbook and digital camera to verify and identify noteworthy features of the existing improvements. These features will include visible utilities, damaged curb, gutter, curb ramps and sidewalk, traffic control and storm drain devices. Task A Deliverables; ✓ Minutes of the Kick -Off Meeting with Action items. ✓ Li si of otitained data in a table format. Photo tog folder and field notes Task B — Utility Coordination VA will identify all public utilities within the project limits and will assist City staff with utility coordination. VA assumes that City staff will request all utility maps and send out all utility verifications and relocation notices. VA will add all existing utilities found within project limits based on available information to the base map, and indicate any proposed utility adjustments or relocations on the construction plans. VA will identify any utility lines that may interfere with proposed construction. A budget of $5,000 has been allocated for potholing to locate active and abandoned utilities and avoid conflicts with the proposed location of the new signal poles with deep foundations. This budget will be used as a contingency as directed by the City's project manager. Task C — Field Surveying Services VA will research, compile and review existing survey control and mapping data from the City, County or other governing agencies for right-of-way information adjacent to or relevant to the project's design. VA field crews will locate project specific record map centerline bearings for horizontal control, Benchmark for vertical control and transfer it to the project including centerline monument search (if existing/recoverable) to use for the subsequent topographic design survey. VA will perform ground topographic survey as required in the RFP for the project site including transitional areas adjoining new improvements and intermediate adjoining intersections. Topographic design survey will be utilized in preparation of the base mapping to include cross-sections at a maximum of twenty five foot (25') intervals including the ground surface and any visible surface utilities (manholes/inverts, water valves, fire hydrants, catch basins, utility boxes, utility poles, guy wires, vaults, etc.) curb/gutter, driveways, existing adjoining building corners, fences, landscape, trees, striping, paving, walks, handicap ramps, walls, signage, etc. The survey data will be down loaded and compiled to create topographic mapping of the area, including right-of-way, centerline, parcel lines, surface features, culture and �j//U� CITY OF NEWPORT BEACH V NEWPORT BOULEVARD AND 32"0 STREET MODIFICATION CONSULTING contours for tentative mapping purposes. The final map (24" x 36") will be at a scale of 1" = 40' with V contours. The VA team can offer High Definition Three -Dimensional Laser Scanning Survey for the project in place of, or supplement to conventional topographic surveying at no additional cost. The advantage of this method is that it does not require lane closures and slowing traffic on busy traffic routes and intersections such as Newport Boulevard and still gathers a much larger amount of topographic data for roadway and buildings. Task C Deliverables: ✓ One hardcopy and one digital AutoCAD copy of the topographic mapping and signed.field survey notes for the project site. Task D — Base Mapping Upon completion of the above Tasks, A through C, data will be compiled by VA staff using City topographic symbols to create an accurate base map at a scale of 1" = 40' with 1' contours. The topographic base map will depict the existing conditions together with the right-of-way boundary/centerline including surface features, visible surface utilities (manholes/inverts, water valves, fire hydrants, catch basins, utility boxes, utility poles, overhead utilities, guy wires, vaults, etc.) curb/gutter, driveways, fences, landscape, trees, striping, paving, walks, handicap ramps, right-of-way, culture and contours for design purposes as required by the RFP for each sheet. VA will perform a field walk with City staff to ensure detailed depiction on the plans and specifications of existing conditions and work requirements. Task D Deliverables: One hardcopy and one digital AutoCAD copy of the Base Map (including layering, line style and color specification) at 1 "=40' scale with 1' contour. Task E — Geotechnical Investigation Ninyo & Moore (N&M) will prepare the geotechnical investigation for the project in order to provide geotechnical design criteria and recommendations for the proposed roadway widening and raised median construction. The general scope of geotechnical services will include: o Review of readily available background materials, including published geologic maps and literature, in- house information, and stereoscopic aerial photographs. We will also review existing geotechnical data and reports provided by the City of Newport Beach. ° A field reconnaissance to mark proposed boring locations for underground utility clearance and to observe the general condition of the pavement and locate areas of pavement failure. o Obtain appropriate permits to perform the proposed subsurface evaluation. a Subsurface exploration consisting of the excavation, sampling, and logging of six small -diameter borings to depths of up to approximately 5 feet, or until refusal, whichever is shallower. Three borings will be located along the project alignment of the northbound side of Newport Boulevard. The remaining borings will be located along the southbound project alignment. The borings will be excavated to evaluate the subsurface conditions and to collect samples for laboratory testing. Relatively undisturbed and bulk samples will be obtained at selected intervals from the borings. The soil samples will be transported to our laboratory for testing. The borings will be backfilled with on-site soils and temporarily patched with concrete. If hot patching is required, under separate mobilization hot asphalt concrete patching will be performed at additional cost in accordance with the requirements of the city of Newport Beach. o Laboratory testing of representative soil samples to evaluate in-situ moisture and density, sieve analysis, Atterberg limits, shear strength, expansion index, R -value and corrosivity. /�� - CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32"D ���YYY STREET MODIFICATION CONSULTING Data compilation and engineering analysis of the information obtained from our background review, subsurface evaluation, and laboratory testing. Our engineering analyses and recommendations will include: - Recommendations for the proposed pavement reconstruction/rehabilitation in general accordance with Asphalt Institute methods for design of overlay thickness. - Excavation characteristics of the on-site materials. Fill material and compaction requirements. Evaluation of the corrosion potential of on-site soils. a Preparation of a report prepared in general accordance with Caltrans requirements including preparation of Logs of Test Borings to present our findings, conclusions and recommendations pertaining to the design and construction of the improvements. Task E Deliverables ✓ Three (3) copies of both draft and final geotechnical reports will be provided to the City. A final color, signed, wet -stamped report copy will also be provided in Adobe Acrobat (pdf) format, if desired, so that report copies are available for distribution at all times: Task F — Environmental Documentation and Permitting 1. Initial Study/Mitigated Negative Declaration Chambers Group will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA). The Initial Study will provide a comprehensive reporting on the potential environmental impacts of the project, the mitigation measures that have been specifically designed to reduce or avoid the impact, and a conclusion as to the effectiveness of the mitigation measures to reduce the impacts to insignificance. Based on Chambers Group's recent participation on similar projects within southern California the firm is highly -qualified to prepare the IS/MND for this project. The accompanying proposal outlines the scope of services necessary to prepare and process a IS/MND, based on the information provided by VA Consulting, Inc. about this project. 2. Technical Studies/Reports/Permits The following technical studies will be prepared by VA Consulting, or their sub -consulting partners and provided to Chambers Group for inclusion in the IS/MND: traffic impact analysis, hydraulic -hydrologic report, soil and geotechnical report, and Initial Site Assessment. VA Consulting will procure an encroachment permit from Caltrans. Chambers Group will prepare the following technical studies that will be utilized in the preparation of the IS/MND: air quality impact analysis, noise impact assessment, and cultural resource report. No biological resources report is deemed necessary. Chambers Group will also prepare and submit a Coastal Development Permit application to the California Coastal Commission. The technical reports to be prepared by Chambers Group are described below. It is understood that Caltrans will be a responsible agency for this project. The cost estimate was based on Caltrans reviewing the Draft MND and Final MND two times. Should Caltrans request additional involvement the cost for that would be negotiated with the City. The Coastal Development Permit should be straight forward and one round of review by the California Coastal Commission should be adequate. Additional reviews by the Coastal Commission would be negotiated with the City. 3. Project Coordination Chambers Group is committed to developing and maintaining effective communication with City staff and the engineering consulting team throughout the duration of this project. These efforts are intended to finalize any outstanding issues concerning this work effort, facilitate ongoing support of staff concerning various aspects of this project, attend meetings to discuss the IS/MND (Draft and Final versions), and attend public hearings (as necessary). VAP CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32ND STREET MODIFICATION CONSULTING The following meetings will be attended: one project kick-off meeting, five (5) progress meetings with City staff and the engineering consulting team, and two (2) community/council/ commission meetings, if requested. 4. Initial Study Upon receipt of copies of all applicable documents in the possession of the City staff and the engineering consulting team, Chambers Group will prepare the Screencheck IS/MND presenting its assessment of the project's potential environmental impacts. The Initial Study will include the following information: project description that depicts the precise project boundaries on local and regional maps prepared using GIS; a description of the natural and built environment in the vicinity of the project site with emphasis being placed on environmental resources that are rare or unique to the City of Newport Beach; all other required agency approvals; and a discussion of the environmental evaluation which will describe and evaluate the potentially significant environmental impacts associated with the project. For the environmental impacts that exceed the significance thresholds established by the City's adopted Environmental Guidelines, Chambers Group will identify mitigation measures designed to reduce significant impacts to a level of insignificance, and a conclusion will presented as to whether the mitigation measures will reduce the impacts to a level of insignificance. The environmental evaluation section will provide detailed analysis and discussion of those environmental topics deemed "Potentially Significant Impact' and "Potentially Significant Impact Unless Mitigated." The environmental evaluation discussions will be based on the technical studies prepared for the project. Where the project would result in "No Impact' or "Less Than Significant Impact' for a particular environmental topic, the Initial Study will include a sufficient discussion which supports such a finding. Each mitigation measure presented in the environmental evaluation will be prepared in compliance with CEQA in terms of effectiveness and feasibility. Each mitigation measure will include the six required components of who, what, where, when, why, and how. Where there are alternative mitigation measures available to address a specific impact, the environmental evaluation will identify the recommended measure and provide the specific reason(s) behind selecting a preferred measure over the other alternative measures. 5. Screencheck Draft Initial Study Chambers Group will prepare a screencheck Draft Initial Study for review by City staff and the engineering consulting team for review and comment. As required, that document will include a brief description of the project, the name of the project proponent, a proposed finding that the project will not have a significant effect on the environment, and an attached copy of the Initial Study checklist documenting the reasons to support the findings and mitigation measures to reduce or avoid identified impacts. The Screencheck Draft Initial Study will be revised in accordance with the comments received as directed by the City's project manager. Two rounds of review are included in this task. Notice of Intent to Adopt a MND. Chambers Group will prepare a Notice of Intent to Adopt a MND in order to give sufficient notice to the public, responsible agencies, trustee agencies, and the County Clerk. Per State CEQA Guidelines, the notice will contain a brief project description and its location; the starting and ending dates for the review period during which the City will accept comments; the date, time and place of any scheduled public meetings and/or hearings; and the address where the copies of the MND are available for public review. Notice of Availability. Chambers Group will provide to the City a notice of document availability to the public, Responsible Agencies, Trustee Agencies, and the County Clerk. 6. ' Public Review Draft Initial Study/Mitigated Negative Declaration Chambers Group will prepare the public review version of the Draft IS/MND, provide the City with 20 copies (estimated for budgeting purposes) of the document, and one electronic copy of the document in Microsoft Word and pdf format. VCITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 321' STREET MODIFICATION CONSULTING Circulation Period. The Draft IS/MND will be prepared for the 30 -day circulation period because it must be circulated to the State. A "CD" of the Draft IS/MND in a pdf format will be provided to the City for upload to their webpage. Chambers Group will be responsible for the distribution of the document and the City will be responsible for newspaper notices. 7. Final Initial Study/Mitigated Negative Declaration After the 30 -day public circulation of the Draft IS/MND is over, Chambers Group will perform the following tasks. a) Final Document Preparation Chambers Group will prepare the Final IS/MND for review by City staff and the engineering consulting team. Responses will be prepared for all comments received during the public review period. A maximum of ten comment letters will be responded to. The Final IS/MND will be revised as necessary to reflect any comments received during the public review period, including comments by City staff and the engineering consulting team. Responses to additional comment letters will be negotiated with the City. The Final IS/MND will include an Appendix section that contains all official documents related to its processing including the "Initial Study," "Notice of Intent to Adopt an Negative Declaration," "Notice of Determination (NOD)," Planning Commission meeting minutes, and City Council meeting minutes, etc. b) Posting with the County Clerk Chambers Group will post the NOA and Notice of Determination (NOD) at the Office of the County Clerk. Payment of California Department of Fish & Game (CDFG) fees is required when the NOD is filed with the County Clerk and the fee amount is not included herein. Current 2012 fee is $2,101.50. A check will need to be provided to Chambers Group for the NOD submission, which must occur within five (5) working days after project approval by the City Council. Chambers Group is committed to the expeditious completion of the CEQA documentation process and will allocate all necessary manpower and associated resources as required to complete that document within the following time frames. o Submission of Screencheck Draft IS: Within six (6) weeks of Notice to Proceed and receipt of all required technical studies. o Submission of Revised Screencheck Draft IS/MND: Within two (2) weeks of receipt of City comments. o Submission of Public Review Draft IS/MND: Within one (1) week of receipt of City comments. o Submission of Final IS/MND: Two (2) weeks before City Council project approval. Task F Deliverables: ✓ Two (2) copies of the Screencheck Initial Study (IS) and an electronic copy of the . document in Microsoft Word format:'`' ✓ Two (2) copies of the RevisedScreencheck Initial Study (IS) and an electronic copy of the document in Microsoft Word format. ✓ Twenty (20) copies of the Public Review Draft Initial.Study (IS) & Mitigated Negative Declaration (MND) and an' elect ronic copy of the document in Microsoft Word and Acrobat pdf format. ✓ Five (5) copies, of the Approved Initial Study (IS) & Mitigated Negative Decltion (MND) and an electronic copy of the document in Microsoft Word format and Acrobat paradf. Task G — Right -of -Way Engineering VA will prepare metes and bounds legal description/plat exhibit for right-of-way acquisitions and temporary construction easements. CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32ND STREET MODIFICATION CONSULTING This proposal includes reviewing a 6 month current preliminary title report provided by Client and deeds/easements/record maps of each of four affected properties and preparation of legal description/plat exhibit and Temporary Construction Easements (TCE's). Based upon the RFP, four legal descriptions and four TCE will be prepared for the additional RM/ take and widening. Negotiations and property appraisals will be provided by the City. Task G Deliverables: ✓ Four (4) legal descriptions four (4) TCE for right of way acquisition purposes. VA will, submit copies of the project right of way maps to the City foe review and approval. Final maps will be delivered to the City on mylar and electronically. Task H — Preliminary Design Following completion of background research, field inventory and the collection of survey data, VA will prepare five (5) preliminary design exhibits showing various geometric alternatives for the project. These exhibits will contain existing aerial photo / topographical linework, proposed geometrics, modifications to existing traffic signals, major utility relocations, existing and proposed RM lines, and addresses or Assessor Parcel (AP) numbers of the properties impacted. VA will meet with City staff to discuss the project objectives, constraints and opportunities for developing the different design alternatives. It is assumed that the exhibits will consist of different configurations for the Newport Boulevard / 32nd Street intersection, particularly focusing on the northwest corner where the vacant Wachovia Bank building is located. These exhibits will help demonstrate how different geometrics have different impacts to gained/lost parking stalls, offsite improvements, right of way acquisition, utilities, project cost, and the overall level of service of the intersection. These alternatives will also consider intersection geometrics for interim and ultimate conditions. The preliminary design exhibits will be submitted to the City for review and selection of a preferred alternative prior to VA beginning the preparation of project final design documents. The selected alternative will be used to develop a consensus between the City, the property owners, and the VA team on the design and impacts of the proposed project. Once a consensus is achieved, the right-of-way engineering, acquisition, and design process can go forward expeditiously, without delay to the project, as key issues have already been identified and resolved. Task H Deliverables: ✓ Copies of preliminary design exhibits for five design alternatives. Task I — Plans, Specifications & Estimates (PS&E) 1. Improvement Plans a) Title Sheet, Construction Notes, Details and Typical Sections Project PS&E will include a single plan set incorporating a title sheet that will provide vicinity and key maps and index to drawings. Sheet 2 will show all construction and general notes, construction symbols, plan references, etc. in standard City format. Sheet 3 will show all the roadway typical sections and other details that apply to several locations in the project. Design details at a scale of 1" = 10' will be prepared for all new wheelchair ramps, cross gutters, transition areas, driveways and driveway approaches. As there are a variety of pavement join conditions, VA will prepare the required details for joining existing pavements as necessary. b) Roadway Plans and Profiles �� CITY OF NEWPORT BEACH NEWPORd BOULEVARD AND 32N° STREET MODIFICATION CONSULTING Following completion of background research, base mapping, and field review, roadway construction plans will be prepared in "Plan and Profile" format at 1" = 40' and 1" = 4' vertical scales for the required improvements. Roadway construction plans will be prepared in CADD, under the City's logo, in accordance with City format and design standards. VA will maintain current editions of the design reference publications as applicable to the project. The roadway plans will include the construction of new pavement, curb and gutters, raised landscaped medians, sidewalks, driveways, access ramps, and bus stops. Where necessary, access ramps will be added or modified in accordance with current ADA standards. Roadway plans will clearly show the disposition (removal, adjust, relocate, protect, etc) of all existing facilities such as storm drain, wet and dry utilities, driveways, sidewalks, ramps, curb and gutters, bus stops, fences, etc., that will be impacted by the proposed improvements. The roadway plans will also include off-site construction and disposition notes for features impacted by the street widening such as commercial signs, landscaping (including tree removals or relocations), parking lot repaving and restriping, parking lot lights, utility adjustments and relocations, fences, building modification, and the construction of slough/retaining walls if required. It is assumed that the relocation of any commercial signs or modifications to the existing buildings will be done by others. c) Design Cross sections Cross sections will be plotted using a 1" = V vertical and a 1' = 10' horizontal scale at every 25 foot intervals and will depict proposed and existing elevations and cross slopes. Design cross sections will be submitted with the first plan check. d) Signing and Striping Plans VA will prepare one (1) signing and striping plan using AutoCAD at 1" = 40' scale, "double stacked" with two viewports per sheet, for new striping, pavement markings, and signage required for project implementation. The signing and striping plans will include centerlines and stationing that match the roadway improvement plans and will show intersecting side streets as necessary to clearly define traffic operation with the proposed project. The plans will include existing signs and new signs if necessary to meet current California Manual on Uniform Traffic Control Devices (CA MUTCD) standards. The traffic sign work will be based on an inventory of existing signs (including traffic signal, street light, and utility pole mounted) and an assessment of new project sign upgrade requirements, if any. If necessary, the striping plans will also include the restoration of traffic signal detector loops destroyed by implementation of the street improvements at the 30`h Street signalized intersection where a signal modification plan is not being prepared. The plans will show new loops being spliced to existing detector lead-in cable (DLC) at adjacent pull boxes. All improvements will be based on the latest edition of CA MUTCD Caltrans standard plans and specifications, and City/agency standards. e) Traffic Signal Modification Plans VA will prepare two (2) traffic signal modification plans using AutoCAD at 1" = 20' scale, per City of Newport Beach/Caltrans requirements, for traffic signal modifications at the Newport Boulevard at Finley Avenue and 32"d Street intersections. The traffic signal at the Finley Avenue intersection is operated and maintained by Caltrans. Improvements including but not limited to new traffic signal poles, conduit, pull boxes, loop. detectors and controller cabinet relocation will be required at each intersection. As part of this task, VA will conduct a thorough field inventory of the existing signal improvements at the intersection to confirm and supplement the as -built plans. f) Traffic Control Plans Based upon the project improvements, VA anticipates that generally three construction phases will be required. One phase will consist of closure of the curb lanes on Newport Boulevard to construct the outside curb widening improvements and a second phase will consist of closing the inside No. 1 through CITY OF NEWPORT BEACH VAX? NEWPORT BOULEVARD AND 32"" STREET MODIFICATION CONSULTING lane in each direction of Newport Boulevard for construction of the raised median improvements. A third phase would construct the "pork chop" islands at the 30`h Street and 32nd Street intersections. Based on this phasing, four (4) construction phasing/traffic control plans will be required for implementation of the project improvements: three (3) for Newport Boulevard and one (1) for 32nd Street. Traffic control plans will be prepared using AutoCAD, at V = 40' scale and will follow the guidelines established in the California Manual on Uniform Traffic Control Devices (CA MUTCD). Traffic control plans will be "double stacked" with a minimum of two horizontal layout strips placed on each plan. The plans will show traffic control measures required for the construction of the project including all traffic control devices, temporary lane delineation, and construction signing. VA will make every effort to reduce the impacts of traffic control and lane closures on adjacent properties by implementation of an efficient design that emphasizes public and worker safety and cost-effective construction. g) Hydrologic/Hydraulic Analyses and Storm Drain Design VA will prepare a local onsite hydrology and hydraulic analyses for the relocation of the existing catch basins and associated storm drain laterals along the Newport Boulevard(approximately 3 existing catch basins will be impacted). VA will prepare storm drain plan, profiles and details that will be incorporated into the project plan set. h) Landscape and Irrigation Plans NUVIS will conduct a feasibility study to provide a design which includes aesthetic landscaped median and hardscape improvement within the project limits. At this stage, NUVIS will be discussing design strategy with the design team, and the City of Newport Beach and responding with a preliminary landscape plan in plan view format for review and comment. The graphic exhibit will depict the proposed landscape and softscape patterns, textures, materials, and colors for the project. NUVIS' plant selection and irrigation equipment requirements are tailored to the specific project to ensure maximum effectiveness. We shall use indigenous or adaptive plant materials when and where applicable. The placement of trees and shrubs will be arranged in a manner that they will not block the visibility of opposing through traffic by left -turning motorists or limit required sight distance at the intersection. NUVIS shall pay careful attention to the existing drainage patterns so that the proposed improvements do not increase the storm water runoff from the site or the proposed improvements do not alter the existing storm water discharge locations. NUVIS incorporates permeable materials to utilize water run off for watering plant materials and bioswales to slow the flow of rainwater runoff into the sewer system. Upon approval of the concept plan, NUVIS will begin preparation of construction documents will be completed at 1"=20' scale and will include, but not limited to: C1 Reference standard drawings; o Irrigation plans which illustrate pipe sizes, heads, valves, clock locations, points of connection, and water schedule(s) in compliance with AB 1881; o Planting plans which illustrate size, location, and species; and o Appropriate notes and development details. NUVIS has included an allowance for three (3) meetings and/or presentations to regulatory agencies. Task L1 Deliverables; ✓ Plans and supporting documents will be submitted at 50%, 80% and 1006/6 completion for review and comment by the City (five full size copies at each submittal, plus Mylar and electronic files at 100% completion). 2. Special Provisions VA will prepare Special Provisions (including traffic control and detour information) and Bid Schedule forms in a format consistent with current City projects and boiler plate to be incorporated into the City's construction vftp CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32NN STREET MODIFICATION CONSULTING specification document package. Task 1.2 Deliverables: ✓ VA will submit special provisions and technical specifications including electronic files (Word format) at 80%, and Final Plan stages. 3. Quantity Calculations and Cost Estimates VA will prepare a complete construction quantity and engineer's opinion of probable construction costs for the project. VA will submit the detailed quantities and cost estimates with back ups at 50% and 80% and final submittals. VA will compare the estimated construction cost to the available budget. If the estimated costs exceed budget, VA will provide recommendations for costs reduction. Task 1.3 Deliverables: ✓ VA will submit quantities and opinions. of cost with back up including electronic files (Excel format) at 50%, 80%, and Final Plan stages, 4. Caltrans Encroachment Permit VA will prepare and submit, on behalf of the City, a standard Encroachment permit application with applicable plans including traffic control plans and specifications to Caltrans District 12, for review and approval for Project construction within State right-of-way at Newport Boulevard north of Finley Avenue. The City should be exempt from a permit application fee. Preparation of Permit Engineering Evaluation Report (PEER) and Design Exception Reports (Fact Sheets) are not included in this scope of work, but maybe required due to the proposed Caltrans non-standard lane widths. Task l.4 Deliverables: ✓ Caltrans Encroachment Permit application with supporting documents. Task J — Project Management and Meetings This task provides for project management time to coordinate the activities of the consultant team and City of Newport Beach staff during progress of tke work, and management time to prepare for and attend project meetings during the design phase of the project. We have assumed management time of approximately 6 hours per month for eighteen (18) months and four (4) hours per meeting for a maximum of fourteen meetings for a total of 164 hours. VA will prepare for and attend a maximum of fourteen (14) meetings during the design phase as follows: 1 —Kick-off meeting; 1 —50% Plan submittal review/approval meeting; 1 —80% Plan submittal review/approval meeting; 1 —100% Plan submittal review/approval meeting; and 10 — Design meetings. VA will prepare and distribute meeting agendas and minutes and communicate regularly with City staff regarding project issues and status via email and telephone. Task J Deliverables: Meeting Minutes and Progress Reports. Task K — Bid, Construction Support and As-Builts CITYR NEWPORT REACH NEWPORT BOULEVARD AND 32"° STREET MODIFICATION CONSULTING VA will prepare addenda and provide clarification of plans and specifications during bid phase. VA will attend the pre-bid and pre -construction meetings as required. VA will be available to clarify design -related issues during bid and construction including preparation of addenda, respond to Request for Information (RFI) and submittal reviews. VA will prepare "as -built" plans based upon redlines provided by the City inspectors and the contractor. The budget for this task assumes approximately 96 hours of combined staff time for bid, construction support and preparation of as-builts. Task H Deliverables: ✓ Log requests of RFIs, responses and submittal reviews. ✓ As -built drawings in mylars and electronic format on CD at completion of construction OPTIONAL (AS -NEEDED) TASKS The proposal will include preparation of the WQMP and SWPPP and other water quality related documents that maybe required by City or Caltrans as optional items. These tasks will be used only as directed by the City's project manager: Optional Task L —Water Quality Management Plan (WQMP) A Project specific WQMP will be developed for the Project in accordance with the National Pollutant Discharge Elimination System, MS4 Permit as issued by the Regional Water Quality Control Board (RWQCB). VA will assess the potential impacts on water quality that could result from the proposed Project improvements. Once identified, VA will develop a plan that mitigates these potential water quality impacts through the implementation of selected Best Management Practices (BMPs). The water quality assessment will be included in the WQMP. Upon determining the recommended BMPs for the Project, VA will prepare the WQMP. The WQMP will include a project description, identify pollutants of concern, and will demonstrate the adequacy of the recommended BMPs to treat water quality flows in accordance with the NPDES permit. The format of the WQMP will adhere to RWQCB standards. Optional Task M — Storm Water Pollution Prevention Plan (SWPPP) VA's in-house Qualified Storm Water Pollution Prevention Plan Developer (QSD) will prepare a SWPPP for the Project to address water quality concerns during construction activities. The preparation of the SWPPP will include a risk assessment of construction activities and the downstream receiving waters in order to establish the Project's Risk Level. The SWPPP will include a narrative describing proposed construction BMPs and their effectiveness in meeting National Pollutant Discharge Elimination System (NPDES) requirements. The SWPPP will include a site plan based on proposed erosion control plans and will depict the recommended construction BMPs intended to manage the quality of water that exits the site during construction. This task also provides for the filing and processing of the Notice of Intent (NOI) with the RWQCB and also includes all pre -construction filings through the State Water Resources Control Board's Storm Water Multiple Application and Report Tracking System (SMARTS). Optional Task N — Caltrans Storm Water Data Report (SWDR) If required of the Project and requested by the Caltrans, VA will prepare a water quality evaluation in accordance with the Caltrans Storm Water Quality Handbook, Regional Water Quality Control Board (RWQCB), and City methods and criteria. Based upon the extent of soil disturbance and degree of stormwater impacts associate with the project, a Short Form SWDR is anticipated and would prepared. The Short Form SWDR would include a description of the project within Caltrans right-of-way, and demonstrate that conformance with Short Form requirements. The Short Form SWDR will be submitted and processed with Caltrans for approval. Optional Task O —Caltrans Water Pollution Control Plan (WPCP) ARP CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32N° STREET MODIFICATION CONSULTING VA CONSULTING, INC. ENGINEERS • PLANNERS • SURVEYORS 6400 Oak Canyon, Suite 150 keine, CA 92618 .� Phone (949) 474-1400 Fax (949) 251-8482 CU NS U CI'1 N G. Staff Classification Civil Engineering and Planning Services President................................................................................................. Division President/Division Manager........................................................ Sr. Vice President/Vice President/ Exec. Director .................................... Director ............. ............. ........ ....... ................ .......... .:........... ..... ........... .... Senior Project Manager............................................................................ ProjectManager...................................................................................... Assistant Project Manager....................................................................... Senior Project Engineer/Senior Design Supervisor/Senior Planner.......... EEE SCHEDULE Hourly Rate ... ........... I .... .... $200 ....................... $173 ....................... $163 ............. I......... $160 ....I .................. $155 .................... $147 ................. $142 ................ $137 Project Engineer/Design Supervisor........................................................ .... ............. ..... $132 Senior Design Engineer/Senior Designer... ..... ....... ......... ............................................. $122 DesignEngineer/Planner.......... ............. .................. ........ .................. ............................. $117 Designer- .......................... .............. ... ... . . .. ..... .............. . ............. Assistant Engineer/Assistant Planner.......................................................... Research and Processing Coordinator......................................................... Senior CADD Technician............................................................................. JuniorEngineer............................................................................................ CADDTechnician........................................................................................ EngineeringIntern....................................................................................... OfficeSupport/Clerical................................................................................. Field Survey and Mapping Services Director of Survey and Mapping .................... Manager of Field Survey ................................ Survey and Mapping Associate ...................... Survey and Mapping Technician .................... 3 -Man GPS Crew ........................................... 2 -Man GPS Crew ........................................... 1 -Man GPS Crew ........................................... Special Services Litigation .......... .... I ..... I ...... .. $110 ................... $1100 .............. $ 95 .............. $ 90 $ 85 ................... $ 80 ....... I......... $ 70 ..... I........... $ 69 ..................... $450 Notes: 1. Invoices will be prepared for all services through the end of each calendar month. Invoices are due and payable upon presentation. 2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be chargedat cost plus 10%. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead. 4. In-house reprographics charges: B&W Bond copies $0.66/sq.8, Color Bond $6.00/sci t. 5. Mileage will be billed at standard mileage rates set by IRS. a K. t. NINI e I n 4� m 1 gl I IM M'' IMI iw� 9[m � I I I IMI I I I i i w ti I c a ir. N III II II II II I o .� �� I wl I I mlml I I I I MI I MIS a wj e M IMI I M M ! I iM IMI �'»�� QiE ! I l IMAM w I '= a M o t I I I I w w e N I Y S ' dei of I I f II � I' i w v Blit I I I I I'^I< ��2 b N y ry p In' i I I i I p I I K C I i n 4r3 wj,v _ IIIc i r2 �� � I I I �I I II I o-xa m� I I o I I goo 4 I I `•w m' I jA I o `a r I W I I iU I I r. Z ao R o�, > I la yl ag Y I k�� eGjJ O } 4p ao I I O is 2 IE I 2 w al w I < 'DINT Ilc rte` m' Ipl ow o. di h.� 2 W X13 t E vlU � m E IoI m S d�IU a: FIs' O w o u a ✓ k', IIK m c�.w`rca a EII�1~icO�lvi f OO f UU ;r „� i'� 6NUOWa(92 .I ry a -DIY Client#: 6496 VACONSULT ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE ) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR 6/20/'2012"" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 A 714 427-6810 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers Indemnity Co. of Conn 25682 VA Consulting Inc 6400 Oak Canyon, Suite 150 Irvine, CA 92618 INSURER B: Travelers Property Casualty Co 25674 INSURER C: Navigators Insurance Company 42307 INsuRER D: INSURER E: GeneralLlab. COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR 4DD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMMD/YY LIMITS A P.O. Box 1768 GENERAL LIABILITY 68048481_258 11/24/11 11/24/12 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY GeneralLlab. DAMAGE TO RENTED $1,000,000 CLAIMS MADE 51OCCUR excludes claims MED EXP (Any one person) $10000 PERSONAL &ADV INJURY $1,0002000 X Contractual Liab-LTD arising out of GENERAL AGGREGATE $2 000 000 the performance GER'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 of professional POLICY X PROT LOC services. A AUTOMOBILE X LIABILITY ANYAUTO BA4908L548 11/24/11 11/24/12 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) X X HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $' OTHER THAN EA AOC $ ANY AUTO AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY CUP7156Y612 11/24/11 11/24/12 EACH OCCURRENCE _X1 OCCUR FICLAIMS MADE Does not _$2000000 AGGREGATE s2,000,000 s include $ DEDUCTIBLE Professional S RETENTION $ Liability. B WORKERS COMPENSATION AND UB7665Y535 11/24/11 11/24/12 X WcsTATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE -POLICY LIMIT 51,000,000 C OTHER Professional CM12DPLO158041V 06116/12 06/16/13 $2,000,000 per claim Liability $2,000,000 annl aggr. Claims made DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Newport Boulevard and 32nd Street Modification. City of Newport Beach, its elected or appointed officers, officials and employees, agents and volunteers are additional insured as respects to General & Auto Liability (See Attached Descriptions) Newport Beach, CA 92658-8915 AuUMULDILUU11uo!1 OTZ SJ31ti38ti/M31bb44 IHC U AUUMU uurcrUMA I RUN IU015 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL RbitXU( RIft MAIL In DAYS WRITTEN Attn: Risk Management NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,Apxx97 x 3300 Newport Blvd )MHPA&S1�AR3Q$ARflXRRXKIt1DnORXJOXMRWxRJpMHgXwftW�liC$Am$XX P.O. Box 1768 Newport Beach, CA 92658-8915 AuUMULDILUU11uo!1 OTZ SJ31ti38ti/M31bb44 IHC U AUUMU uurcrUMA I RUN IU015 DESCRIPTIONS (Co6flhued from Page 1) coverage as required by written contract. Coverage afforded the Additional Insured is Primary and Nan -Contributory as respects to General Liability coverage. Waiver of subrogtion included in work comp policy. AM5 25.3 (ZUU7/U8) 2 of Z iF5316396/M315544 VA Consulting Inc WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB7666Y535 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. DATE OF ISSUE: 11/24/11 Schedule Person or Organization: Job Description: Re: Newport Boulevard and 32nd Street Modification. City of Newport Beach, its elected or appointed officers, officials and employees, agents and City of Newport Beach volunteers. Attn: Risk Management 3300 Newport Blvd P. O. Box 1768 DATE OF ISSUE: 11/24/11 POLICY NUMBER: BA49081-548 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 11/24/11 Named Insured Countersigned by VA Consulting Inc SCHEDULE Name of Person(s) or Organization(s): (Authorized Representative) Re: Newport Boulevard and 32nd Street Modification. City of Newport Beach, its elected or appointed officers, officials and employees, agents and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule 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. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 VA Consulting Inc 6804848L258 11/24111 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. '3n j 1 f &M 1Z Vel,121 1 ': L 1 1 0 t14%,16,,A , lV This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury"., "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the coovriahted material of Insurance Services Office. Inc.. with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury" offense is committed. "property damage" occurs, and the "personal in D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the coovriahted material of Insurance Services Office. Inc.. with its permission CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 6-26-12 Dept./Contact Received From: Tania Date Completed: 6-27-12 Sent to: Tania By: Joel Company/Person required to have certificate: VA Consulting Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11-24-11/11-24-12 A. INSURANCE COMPANY: Travelers Indemnity Co. of Conn B. AM BEST RATING (A- : VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11-24-11/11-24-12 A. INSURANCE COMPANY: Travelers Indemnity Co. of Conn B. AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 N/A 0 Yes ❑ No Ill. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11-24-11/11-24-12 A. INSURANCE COMPANY: Travelers Property Casualty Co. 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 $1M 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: ❑ N/A ® 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: �J 6-26-2012 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ 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. fCITY OF_ NEWPORT .,IIS, Council di �''iF ,til !, Report BEACH Agenda _• � ,... June 12, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Andy Tran APPROVED: TITLE: Newport Boule 1 rd and 32nd Street Modification - Approval of Professional Services Agreement with VA Consulting ABSTRACT: In order to complete the final design of the Newport Boulevard and 32nd Street Modification project, professional engineering services are needed to prepare construction documents. RECOMMENDATION: Approve a Professional Services Agreement with VA Consulting of Irvine, California, for the Newport Boulevard and 32nd Street Modification project at a not -to -exceed price of $278,973 and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this purchase. It will be expensed to the Gas Tax ($53,973.00) and Measure M Competitive ($225,000.00) accounts in the Public Works Department, 7181-C2002048 and 7284-C2002048, respectively. DISCUSSION: This project is located on Newport Boulevard between Via Lido and 30th Street and involves widening Newport Boulevard to accommodate one additional northbound through lane from 30th Street to 32nd Street and one additional southbound through lane from Via Lido to 32nd Street terminating as a right -turn only lane at 32nd Street. Bike lanes on both sides of Newport Boulevard will be added. The intersection at 32nd Street will also be modified to improve roadway geometrics- This project also involves the construction of raised landscaped medians, traffic signal modification at Finley Newport Boulevard and 32nd Street Modification -Approval of Professional Services Agreement with VA Consulting June 12, 2012 Page 2 Avenue and 32nd Street intersections, signing and pavement striping. Right-of-way acquisition will be required from several adjacent properties. Staff requested proposals from the following six firms to provide professional engineering services for the design of this project: 1. RBF Consulting, Inc. 2. VA Consulting, Inc. 3. HDR, Inc. 4. JMDiaz, Inc. 5. Advantec Consulting Engineers 6. Civil Works Engineers, Inc. We received proposals from RBF Consulting, VA Consulting, JMDiaz, and Civil Works Engineers. Proposals were independently evaluated and rated by three City staff members. VA Consulting, Inc. was selected based upon firm qualifications, project understanding; expertise of project team, and successful past experiences. The proposed not -to - exceed engineering services fee is $278,973 and includes the following scope of work: a Research and data collection • Utility coordination • Topographic survey • Geotechnical investigation o Preparation of environmental documents • Permitting with regulatory agencies • Preparation of construction plans, specifications and estimates m Preparation of traffic control plans ® Construction support services ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Newport Boulevard and 32nd Street Modification - Approval of Professional Services Agreement with VA Consulting June 12, 2012 Page 3 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: �epne tsaaum Public,Works Director A. Location Map B. Professional Services Agreement 3 KFMIMItl -, Ml'�11111111' 11 1 --�31 a i PROJECT LOCATION a D D ' w 32ND STRE� 'i� ek-epH \\ `�"--'_�`3^1S�STR-, E-`� ; �✓� "----'� ,'�\' E a a1 i l NEWPORT BOULEVARD WIDENING VIA LIDO TO 30TH STREET to to PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. FOR NEWPORT BOULEVARD AND 32ND STREET MODIFICATION THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of this day of , 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and, VA CONSULTING, INC. a California Corporation ("Consultant"), whose address is 6400 Oak Canyon, Suite 150, Irvine, CA 92618 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to improve Newport Boulevard between Via Lido and 30th Street. C. City desires to engage Consultant to prepare construction documents for the Newport Boulevard and 32nd Street Modification ("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 John Wolter, Division President. 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: t�714 The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2015, 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 Two Hundred Seventy Eight Thousand, Nine Hundred Seventy Three Dollars and no/100 ($278,973.00) 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. VA CONSULTING, INC. 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 Jeff Wilkerson 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Andy Tran, Senior Civil Engineer shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 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. 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. VA CONSULTING, INC. Page 3 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. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 VA CONSULTING, INC. Page 4 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. 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. VA CONSULTING, INC. Page 5 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 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. VA CONSULTING, INC. Page 6 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. 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 orjoint-venture. VA CONSULTING, INC. Page 7 16. SUBCONTRACTING City and Consultant agree that subcontractors may be used to complete the Work outlined in the Scope of Services. The subcontractors authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further 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 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 guaranteethe 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 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. VA CONSULTING, INC. Page 9 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 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: VA CONSULTING, INC. Page 10 Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949-644-3315 Fax: 949-644-3308 27.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Jeff Wilkerson, Project Manager VA CONSULTING, INC. 6400 Oak Canyon, Suite 150 Irvine, CA 92618 Phone: 949-474-1400 Fax: 949-261-8482 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 reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. VA CONSULTING, INC. Page 11 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 Controllinq 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. 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. VA CONSULTING, INC. Page 12 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] VA CONSULTING, INC. 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 By:� Aaron C. Hai City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk Attachments: I Z - CITY OF NEWPORT BEACH, A California municipal corporation Date: Nancy Gardner Mayor CONSULTANT: VA CONSULTING, INC., a California corporation By: Max P. Vahid President and CEO Date: By: Michael S. Carter Secretary and CFO [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates VA CONSULTING, INC. Page 14 F ti. s _ —+i Scope of-4WGrk Task A— Research, Data Collection and Field Visits Following the notice to proceed, VA will schedule and attend a Kick -Off Meeting with City Staff to initiate the Project; establish lines of communication; review and refine, if needed, the Project scope of work and schedule; establish design guidelines; discuss Project parameters and constraints; and obtain background information. VA will research and obtain available as -built record street improvements, utility plans, assessor's parcel maps, right-of-way maps, geotechnical reports, traffic studies and other pertinent information for the project from the City, County, Caltrans and utility companies such as Orange County Sanitation District. The VA team will initiate and obtain required City and Caltrans permits and right -of -entry for survey and geotechnical field work, if required. . VA Team will perform a field walk with sketchbook and digital camera to verify and identify noteworthy features of the existing improvements. These features will include visible utilities, damaged curb, gutter, curb ramps and sidewalk, traffic control and storm drain devices. Task,4 Deliverables . Mmutes of the Klck OffMeeting with Action items. . List of obtained data,ln a table; format:' ✓' Photo fog;folder'and field notes Task B — Utility Coordination VA will identify all public utilities within the project limits and will assist City staff with utility coordination. VA assumes that City staff will request all utility maps and send out all utility verifications and relocation notices. VA will add all existing utilities found within project limits based on available information to the base map, and indicate any proposed utility adjustments or relocations on the construction plans. VA will identify any utility lines that may interfere with proposed construction. A budget of $5;000 has been allocated for potholing to locate active and abandoned utilities and avoid conflicts with the proposed location of the new signal poles with deep foundations. This budget will be used as a contingency as directed by the City's project manager. Task C — Field Surveying Services VA will research, compile and review existing survey control and mapping data from the City, County or other governing agencies for right-of-way information adjacent to or relevant to the project's design. VA field crews will locate project specific record map centerline bearings for horizontal control, Benchmark for vertical control and transfer it to the project including centerline monument search (if existing/recoverable) to use for the subsequent topographic design survey. VA will perform ground topographic survey as required in the RFP for the project site including transitional areas adjoining new improvements and intermediate adjoining intersections. Topographic design survey will be utilized in preparation of the base mapping to include cross-sections at a maximum of twenty five foot (25) intervals including the ground surface and any visible surface utilities (manholes/inverts, water valves, fire hydrants, catch basins, utility boxes, utility poles, guy wires, vaults, etc.) curb/gutter, driveways, existing adjoining building corners, fences, landscape, trees, striping, paving, walks, handicap ramps, walls, signage, etc. The survey data will be down loaded and compiled to create topographic mapping of the area, including right-of-way, centerline, parcel lines, surface features, culture and � CITY OF NEWPORT BEACH ���YYY NEWPORT BOULEVARD AND 32ND STREET MODIFICATION CONSULTING contours for tentative mapping purposes. The final map (24" x 36") will be at a scale of 1" = 40' with 1' contours. The VA team can offer High Definition Three -Dimensional Laser Scanning Survey for the project in place of, or supplement to conventional topographic surveying at no additional cost. The advantage of this method is that it does not require lane closures and slowing traffic on busy traffic routes and intersections such as Newport Boulevard and still gathers a much larger amount of topographic data for roadway and buildings. Task C Deliverables. ✓ One hardcopy and one digital AutoCAD copy of the topographic mapping and signed field survey notes for the project site. Task D — Base Mapping Upon completion of the above Tasks, A through C, data will be compiled by VA staff using City topographic symbols to create an accurate base map at a scale of 1" = 40' with V contours. The topographic base map will depict the existing conditions together with the right-of-way boundary/centerline including surface features, visible surface utilities (manholes/inverts, water valves, fire hydrants, catch basins, utility boxes, utility poles, overhead utilities, guy wires, vaults, etc.) curb/gutter, driveways, fences, landscape, trees, striping, paving, walks, handicap ramps, right-of-way, culture and contours for design purposes as required by the RFP for each sheet. - VA will perform a field walk with City staff to ensure detailed depiction on the plans and specifications of existing conditions and work requirements. Task D Deliverables: ✓, One hardcopy and one digital AutoCAD copy of the Base Map.(includitig layering, line style.. avid color specification) at 1"=40 scale with 1' contour: Task E —Geotechnical Investigation Ninyo & Moore (N&M) will prepare the geotechnical investigation for the project in order to provide geotechnical design criteria and recommendations for the proposed roadway widening and raised median construction. The general scope of geotechriicai services will include: o Review of readily available background materials, including published geologic maps and literature, in- house information, and stereoscopic aerial photographs. We will also review existing geotechnical data and reports provided by the City of Newport Beach. G A field reconnaissance to mark proposed boring locations for underground utility clearance and to observe the general condition of the pavement and locate areas of pavement failure. o Obtain appropriate permits to perform the proposed subsurface evaluation. G Subsurface exploration consisting of the excavation, sampling, and logging of six small -diameter borings to depths of up to approximately 5 feet, or until refusal, whichever is shallower. Three borings will be located along the project alignment of the northbound side of Newport Boulevard. The remaining borings will be located along the southbound project alignment. The borings will be excavated to evaluate the subsurface conditions and to collect samples for laboratory testing. Relatively undisturbed and bulk samples will be obtained at selected intervals from the borings. The soil samples will be transported to our laboratory for testing. The borings will be backfilled with on-site soils and temporarily patched with concrete. If hot patching is required, under separate mobilization hot asphalt concrete patching will be performed at additional cost in accordance with the requirements of the city of Newport Beach. G Laboratory testing of representative soil samples to evaluate in-situ moisture and density, sieve analysis, Atterberg limits, shear strength, expansion index, R -value and corrosivity. q/��CITY OF NEWPORT BEACH ® NEWPORT BOULEVARD AND 32"0 STREET MODIFICATION CONSULTING Data compilation and engineering analysis of the information obtained from our background review, subsurface evaluation, and laboratory testing. Our engineering analyses and recommendations will include: - Recommendations for the proposed pavement reconstruction/rehabilitation in general accordance with Asphalt Institute methods for design of overlay thickness. - Excavation characteristics of the on-site materials. - Fill material and compaction requirements. - Evaluation of the corrosion potential of on-site soils. M Preparation of a report prepared in general accordance with Caltrans requirements including preparation of Logs of Test Borings to present our findings, conclusions and recommendations pertaining to the design and construction of the improvements. Task E Deliverables: ✓. Three (3).coIpies of both draft: and final. geetechmcal reports will be provided to the City. A final color signed; wet stamped report will also be provided in Adobe Acrobat (pdf) format, if desired; so thafrejiort.copies.are avaIiab( for distribution atalltimes. Task F — Environmental Documentation and Permitting 1. Initial Study/Mitigated Negative Declaration Chambers Group will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA). The Initial Study will provide a comprehensive reporting on the potential environmental impacts of the project, the mitigation measures that have been specifically designed to reduce or avoid the impact, and a conclusion as to the effectiveness of the mitigation measures to reduce the impacts to insignificance. Based on Chambers Group's recent participation on similar projects Wthin southern California the firm is highly -qualified to prepare the IS/MND for this project. The accompanying proposal outlines the scope of services necessary to prepare and process a IS/MND, based on the information provided by VA Consulting, Inc. about this project. 2. Technical Studies/Reports/Permits The following technical studies will be prepared by VA Consulting, or their sub -consulting partners and provided to Chambers Group for inclusion in the IS/MND: traffic impact analysis, hydraulic -hydrologic report, soil and geotechnical report, and Initial Site Assessment. VA Consulting will procure an encroachment permit from Caltrans. Chambers Group will prepare the following technical studies that will be utilized in the preparation of the IS/MND: air quality impact analysis, noise impact assessment, and cultural resource report. No biological resources report is deemed necessary. Chambers Group will also prepare and submit a Coastal Development Permit application to the California Coastal Commission. The technical reports to be prepared by Chambers Group are described below. It is understood that Caltrans will be a responsible agency for this project. The cost estimate was based on Caltrans reviewing the Draft MND and Final MND two times. Should Caltrans request additional involvement the cost for that would be negotiated with the City. The Coastal Development Permit should be straight forward and one round of review by the California Coastal Commission should be adequate. Additional reviews by the Coastal Commission would be negotiated with the City. 3. Project Coordination Chambers Group is committed to developing and maintaining effective communication with City staff and the engineering consulting team throughout the duration of this project. These efforts are intended to finalize any outstanding issues concerning this work effort, facilitate ongoing support of staff concerning various aspects of this project, attend meetings to discuss the IS/MND (Draft and Final versions), and attend public hearings (as necessary). VP Q�CITY OF NEWPORT BEACH 9 NEWPORT BOULEVARD AND 32"0 STREET MODIFICATION L'ONSOLMG The following meetings will be attended: one project kick-off meeting, five (5) progress meetings with City staff and the engineering consulting team, and two (2) community/council/ commission meetings, if requested. 4. Initial Study , Upon receipt of copies of all applicable documents in the possession of the City staff and the engineering consulting team, Chambers Group will prepare the Screencheck IS/MND presenting its assessment of the project's potential environmental impacts. The Initial Study will include the following information: project description that depicts the precise project boundaries on local and regional maps prepared using GIS; a description of the natural and built environment in the vicinity of the project site with emphasis being placed on environmental resources that are rare or unique to the City of Newport Beach; all other required agency approvals; and a discussion of the environmental evaluation which will describe and evaluate the potentially significant environmental impacts associated with the project. For the environmental impacts that exceed the significance thresholds established by the City's adopted Environmental Guidelines, Chambers Group will identify mitigation measures designed to reduce significant impacts to a level of insignificance, and a conclusion will presented as to whether the mitigation measures will reduce the impacts to a level of insignificance. The environmental evaluation section will provide detailed analysis and discussion of those environmental topics deemed "Potentially Significant lmpact" and "Potentially Significant Impact Unless Mitigated. The environmental evaluation discussions will be based on the technical studies prepared for the project. Where the project would result in "No Impact" or "Less Than Significant Impact" for a particular environmental topic, the Initial Study will include a sufficient discussion which supports such a finding. Each mitigation measure presented in the environmental evaluation will be prepared in compliance with CEQA in terms of effectiveness and feasibility. Each mitigation measure will include the six required components of who, what, where, when, why, and how. Where there are alternative mitigation measures available to address a specific impact, the environmental evaluation will identify the recommended measure and provide the specific reason(s) behind selecting a preferred measure over the other alternative measures. 5. Screencheck Draft Initial Study Chambers Group will prepare a screencheck Draft Initial Study for review by City staff and the engineering consulting team for review and comment. As required, that document will include a brief description of the project, the name of the project proponent, a proposed finding that the project will not have a significant effect on the environment, and an attached copy of the Initial Study checklist documenting the reasons to support the findings and mitigation measures to reduce or avoid identified impacts. The Screencheck Draft Initial Study will be revised in accordance with the comments received as directed by the City's project manager. Two rounds of review are included in this task. Notice of Intent to Adopt a MND. Chambers Group will prepare a Notice of Intent to Adopt a MND in order to give sufficient notice to the public, responsible agencies, trustee agencies, and the County Clerk. Per State CEQA Guidelines, the notice will contain a brief project description and its location; the starting and ending dates for the review period during which the City will accept comments; the date, time and place of any scheduled public meetings and/or hearings; and the address where the copies of the MND are available for public review. Notice of Availability. Chambers Group will provide to the City a notice of document availability to the public, Responsible Agencies, Trustee Agencies, and the County Clerk. 6. ' Public Review Draft Initial Study/Mitigated Negative Declaration Chambers Group will prepare the public review version of the Draft IS/MND, provide the City with 20 copies (estimated for budgeting purposes) of the document, and one electronic copy of the document in Microsoft Word and pdf format. V � CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32"D STREET MODIFICATION CONSULTING Circulation Period. The Draft IS/MND will be prepared for the 30 -day circulation period because it must be Circulated to the State. A "CD" of the Draft IS/MND in a pdf format will be provided to the City for upload to their webpage. Chambers Group will be responsible for the distribution of the document and the City will be responsible for newspaper notices. 7. Final Initial Study/Mitigated Negative Declaration After the 30 -day public circulation of the Draft IS/MND is over, Chambers Group will perform the following tasks. a) Final Document Preparation Chambers Group will prepare the Final IS/MND for review by City staff and the engineering consulting team. Responses will be prepared for all comments received during the public review period. A maximum of ten comment letters will be responded to. The Final IS/MND will be revised as necessary to reflect any comments received during the public review period, including comments by City staff and the engineering consulting team. Responses to additional comment letters will be negotiated with the City. The Final IS/MND will include an Appendix section that contains all official documents related to its processing including the "Initial Study,' "Notice of Intent to Adopt an Negative Declaration," "Notice of Determination (NOD)," Planning Commission meeting minutes, and City Council meeting minutes, etc. b) Posting with the County Clerk Chambers Group will post the NOA and Notice of Determination (NOD) at the Office of the County Clerk. Payment of California Department of Fish & Game (CDFG) fees is required when the NOD is filed with the County Clerk and the fee amount is not included herein. Current 2012 fee is $2,101.50. A"check will need to be provided to Chambers Group for the NOD submission, which must occur within five (5) working days after project approval by the City Council. Chambers Group is committed to the expeditious completion of the CEQA documentation process and will allocate all necessary manpower and associated resources as required to complete that document within the following time frames. o Submission of Screencheck Draft IS: Within six (6) weeks of Notice to Proceed and receipt of all required technical studies. o Submission of Revised Screencheck Draft IS/MND: Within two (2) weeks of receipt of City comments. o Submission of Public Review Draft IS/MND: Within one (1) week of receipt of City comments. a Submission of Final IS/MND: Two (2) weeks before City Council project approval. Task F Deliverables: ✓ Two (2)= cople's of the Screencheck Initial Study. (IS) and an eleclroriic copy of the . document In Microsoft Word format ✓ Two (2) copies of the RewsedScreencneck Initial`Studv (IS)_arid an electronic copy of. the document In Microsoft Word format ✓ Twenty (20) copies of the Aubllc Review Draft-Initlal.Studv (IS) &. Mitigated Negative. Declaration (MND)..and an electronic copy of the document in MlcrosofEN/ord and'Acrobat pdf forriiat , ✓ Fwe (5) copies alive the ADoroved Initial Sfudy. (IS) & Mltioated Negative Declaration (MND) and an electronic copy of the document in. Microsoft Word format and Acrobat pdf. Task G — Right -of -Way Engineering VA will prepare metes and bounds legal description/plat exhibit for right-of-way acquisitions and temporary construction easements. � CITY OF NEWPORT BEACH "` NEWPORT BOULEVARD AND 32ND STREET MODIFICATION CONSULTING - This proposal includes reviewing a 6 month current preliminary title report provided by Client and deeds/easements/record maps of each of four affected properties and preparation of legal description/plat exhibit and Temporary Construction Easements (TCE's). Based upon the RFP, four legal descriptions and fourTCE will be prepared forthe additional RNV take and widening. Negotiations and property appraisals will be provided by the City. Task G Eiblivera6ies:. Four (4).1e61 d4&iptions four (4) TCE for tight of. way acquisition purposes VA will submit copies; of the project right of way maps:.to the City for reviev✓ and approval. Final maps will . be degvefed, to the Clty on myaf and electronically. Task H — Preliminary Design Following completion of background research, field inventory and the collection of survey data, VA will prepare five (5) preliminary design exhibits showing various geometric alternatives for the project. These exhibits will contain existing aerial photo / topographical linework, proposed geometries, modifications to existing traffic signals, major utility relocations, existing and proposed RM/ lines, and addresses or Assessor Parcel (AP) numbers of the properties impacted. VA will meet with City staff to discuss the project objectives, constraints and opportunities for developing the different design alternatives. It is assumed that the exhibits will consist of different configurations for the Newport Boulevard/ 32nd Street intersection, particularly focusing on the northwest corner where the vacant Wachovia Bank building is located. These exhibits will help demonstrate how different geometries have different impacts to gained/lost parking stalls, offsite improvements, right of way acquisition, utilities, project cost, and the overall level of service of the intersection. These alternatives will also consider intersection geometrics for interim and ultimate conditions. The preliminary design exhibits will be submitted to the City for review and selection of a preferred alternative prior to VA beginning the preparation of project final design documents. The selected alternative will be used to develop a consensus between the City, the property owners, and the VA team on the design and impacts of the proposed project. Once a consensus is achieved, the right-of-way engineering, acquisition, and design process can go forward expeditiously, without delay to the project, as key issues have already been identified and resolved. Task H Deliverables: ✓ Copies of preliminary design exhibits for fivo design alternatives.` Task I — Plans, Specifications & Estimates (PS&E) 1. Improvement Plans a) Title Sheet, Construction Notes, Details and Typical Sections Project PS&E will include a single plan set incorporating a title sheet that will provide vicinity and key maps and index to drawings. Sheet 2 will show all construction and general notes, construction symbols, plan references, etc. in standard City format. Sheet 3 will show all the roadway typical sections and other details that apply to several locations in the project. Design details at a scale of 1" = 10' will be prepared for all new wheelchair ramps, cross gutters, transition areas, driveways and driveway approaches. As there are a variety of pavement join conditions, VA will prepare the required details for joining existing pavements as necessary. b) Roadway Plans and Profiles 'fi/�� CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32ND VV STREET MODIFICATION CONSULTING Following completion of background research, base mapping, and field review, roadway construction plans Will be prepared in "Plan and Profile" format at T' = 40' and T' = 4' vertical scales for the required improvements. Roadway construction plans will be prepared in CADD, under the City's logo, in accordance with City format and design standards. VA will maintain current editions of the design reference publications as applicable to the project. The roadway plans will include the construction of new pavement, curb and gutters, raised landscaped medians, sidewalks, driveways, access ramps, and bus stops. Where necessary, access ramps will be added or modified in accordance with current ADA standards. Roadway plans will clearly show the disposition (removal, adjust, relocate, protect, etc) of all existing facilities such as storm drain, wet and dry utilities, driveways, sidewalks, ramps, curb and gutters, bus stops, fences, etc., that will be impacted by the proposed improvements. The roadway plans will also include off-site construction and disposition notes for features impacted by the street widening such as commercial signs, landscaping (including tree removals or relocations), parking lot repaving and restriping, parking lot lights, utility adjustments and relocations, fences, building modification, and the construction of slough/retaining walls if required. It is assumed that the relocation of any commercial signs or modifications to the existing buildings will be done by others. c) Design Cross sections Cross sections will be plotted using a 1" = V vertical and a V = 10' horizontal scale at every 25 foot intervals and will depict proposed and existing elevations and cross slopes. Design cross sections will be submitted with the first plan check. d) Signing and Striping Plans VA will prepare one (1) signing and striping plan using AutoCAD at V = 40' scale, "double stacked" with two viewports per sheet, for new striping, pavement markings, and signage required for project implementation. The signing and striping plans will include centerlines and stationing that match the roadway improvement plans and will show intersecting side streets as necessary to clearly define traffic operation with the proposed project. The plans will include existing signs and new signs if necessary to meet current California Manual on Uniform Traffic Control Devices (CA MUTCD) standards. The traffic sign work will be based on an inventory of existing signs (including traffic signal, street light, and utility pole mounted) and an assessment of new project sign upgrade requirements, if any. If necessary, the striping plans will also include the restoration of traffic signal detector loops destroyed by implementation of the street improvements at the 30'1' Street signalized intersection where a signal modification plan is not being prepared. The plans will show new loops being spliced to existing detector lead-in cable (DLC) at adjacent pull boxes. All improvements will be based on the latest edition of CA MUTCD Caltrans standard plans and specifications, and City/agency standards. e) Traffic Signal Modification Plans VA will prepare two (2) traffic signal modification plans using AutoCAD at 1" = 20' scale, per City of Newport Beach/Caltrans requirements, for traffic signal modifications at the Newport Boulevard at Finley Avenue and 32nd Street intersections. The traffic signal at the Finley Avenue intersection is operated and maintained by Caltrans. Improvements including but not limited to new traffic signal poles, conduit, pull boxes, loop.detectors and controller cabinet relocation will be required at each intersection. As part of this task, VA will conduct a thorough field inventory of the existing signal improvements at the intersection to confirm and supplement the as -built plans. f) Traffic Control Plans Based upon the project improvements, VA anticipates that generally three construction phases will be required. One phase will consist of closure of the curb lanes on Newport Boulevard to construct the outside curb widening improvements and a second phase will consist of closing the inside No. 1 through CITY OF NEWPORT BEACH VN NEWPORT BOULEVARD AND 32"O STREET MODIFICATION CONSULTING lane in each direction of Newport Boulevard for construction of the raised median improvements. A third phase would construct the "pork chop" islands at the 30d' Street and 32"d Street intersections. Based on this phasing, four (4) construction phasing/traffic control plans will be required for implementation of the project improvements: three (3) for Newport Boulevard and one (1) for 32nd Street. Traffic control plans will be prepared using AutoCAD, at V = 40' scale and will follow the guidelines established in the California Manual on Uniform Traffic Control Devices (CA MUTCD). Traffic control plans will be "double stacked" with a minimum of two horizontal layout strips placed on each plan. The plans will show traffic control measures required for the construction of the project including all traffic control devices, temporary lane delineation, and construction signing. VA will make every effort to reduce the impacts of traffic control and lane closures on adjacent properties by implementation of an efficient design that emphasizes public and worker safety and cost-effective construction. g) Hydrologic/Hydraulic Analyses and Storm Drain Design VA will prepare a local onsite hydrology and hydraulic analyses for the relocation of the existing catch basins and associated storm drain laterals along the Newport Boulevard(approximately 3 existing catch basins will be impacted). VA will prepare storm drain plan, profiles and details that will be incorporated into the project plan set. h) Landscape and Irrigation Plans NUVIS will conduct a feasibility study to provide a design which includes aesthetic landscaped median and hardscape improvement within the project limits. At this stage, NUVIS will be discussing design strategy with the design team, and the City of Newport Beach and responding with a preliminary landscape plan in plan view format for review and comment. The graphic exhibit will depict the proposed landscape and softscape patterns, textures, materials, and colors for the project. NUVIS' plant selection and irrigation equipment requirements are tailored to the specific project to ensure maximum effectiveness. We shall use indigenous or adaptive plant materials when and where applicable. The placement of trees and shrubs will be arranged in a manner that they will not block the visibility of opposing through traffic by left -turning motorists or limit required sight distance at the intersection. NUVIS shall pay careful attention to the existing drainage pafterns so that the proposed improvements do not increase the storm water runoff from the site or the proposed improvements do not alter the existing storm water discharge locations. NUVIS incorporates permeable materials to utilize water run off for watering plant materials and bioswales to slow the flow of rainwater runoff into the sewer system. Upon approval of the concept plan, NUVIS will begin preparation of construction documents will be completed at 1"=20' scale and will include, but not limited to: IS Reference standard drawings; a Irrigation plans which illustrate pipe sizes, heads, valves, clock locations, points of connection, and water schedule(s) in compliance with AB 1881; IT Planting plans which illustrate size, location, and species; and a Appropriate notes and development details. NUVIS has included an allowance for three (3) meetings and/or presentations to regulatory agencies. Task L1 Deli6erables: ✓ Plans and supporting documents will be submitted at 50%, 80% and 100% completion for review add comment by the City (five full size copies at each submittal, plus Mylar and electronic fids at 1006 completion). 2. Special Provisions VA will prepare Special Provisions (including traffic control and detour information) and Bid Schedule forms in a format consistent with current City projects and boiler plate to be incorporated into the City's construction �I�� CITY OF NEWPORT BEACH NEWPORT BOULEVARD AND 32"° STREET MODIFICATION CONSULTING specification document package. Task l:2 Deliverab. les: VA will submit special provisions. and .techni'cal specifications including electronic files: (Word. format) at 80°/d, and Final Plan stages. 3. Quantity Calculations and Cost Estimates VA will prepare a complete construction quantity and engineers opinion of probable construction costs for the project. VA will submit the detailed quantities and cost estimates with back ups at 50% and 80% and final submittals. VA will compare the estimated construction cost to the available budget. If the estimated costs exceed budget, VA will provide recommendations for costs reduction. Task 1.3 Deliverables ✓ VA wilt: submit quantities and' opinions of cost. with back up inel.udmg electronic files (Excel format) at 50%, 80%, and Flrial Plan stages. 4. Caltrans Encroachment Permit VA will prepare and submit, on behalf of the City, a standard Encroachment permit application with applicable plans including traffic control plans and specifications to Caltrans District 12, for review and approval for Project construction within State right -of --way at Newport Boulevard north of Finley Avenue. The City should be exempt from a permit application fee. Preparation of Permit Engineering Evaluation Report (PEER) and Design Exception Reports (Fact Sheets) are not included in this scope of work, but maybe required due to the proposed Caltrans non-standard lane widths. Task 1.4 DefiiieMbles ✓ Caltrahs Encroaclimeht Permit application with supporting documents. Task J — Project Management and Meetings This task provides for project management time to coordinate the activities of the consultant team and City of Newport Beach staff during progress of tke work, and management time to prepare for and attend project meetings during the design phase of the project. We have assumed management time of approximately 6 hours per month for eighteen (18) months and four (4) hours per meeting for a maximum of fourteen meetings for a total of 164 hours. VA will prepare for and attend a maximum of fourteen (14) meetings during the design phase as follows: 1 — Kick-off meeting; 1 — 50% Plan submittal reviewlapproval meeting; 1 — 80% Plan submittal review/approval meeting; 1 —100% Plan submittal reviewlapproval meeting; and 10 —Design meetings. VA will prepare and distribute meeting agendas and minutes and communicate regularly with City staff regarding project issues and status via email and telephone. Task J Deliverables: Meeting Minutes and Progress Reports. Task K — Bid, Construction Support and As-Builts CITY OF NEWPORT DEACN NEWPORT BOULEVARD AND 32"D STREET MODIFICATION �� CONSULTING VA will prepare addenda and provide clarification of plans and specifications during bid phase. VA will attend the pre-bid and pre -construction meetings as required. VA will be available to clarify design -related issues during bid and construction including preparation of addenda, respond to Request for Information (RFI) and submittal reviews. VA will prepare "as -built' plans based upon redlines provided by the City inspectors and the contractor. The budget for this task assumes approximately 96 hours of combined staff time for bid, construction support and preparation of as-builts. Task H Deiive'iables. ✓.. Log requests of _FR Is, responses, and submittal reviews.. ✓ As -built drawings in mylars and electronic formaf on CD at completion of construction OPTIONAL (AS -NEEDED) TASKS The proposal will include preparation of the WQMP and SWPPP and other water quality related documents that maybe required by City or Caltrans as optional items. These tasks will be used only as directed by the City's project manager: Optional Task L — Water Quality Management Plan (WQMP) A Project specific WQMP will be developed for the Project in accordance with the National Pollutant Discharge Elimination System, MS4 Permit as issued by the Regional Water Quality Control Board (RWQCB). VA will assess the potential impacts on water quality that could result from the proposed Project improvements. Once identified, VA will develop a plan that mitigates these potential water quality impacts through the implementation of selected Best Management Practices (BMPs). The water quality assessment will be included in the WQMP. Upon determining the recommended BMPs for the Project, VA will prepare the WQMP. The WQMP will include a project description, identify pollutants of concern, and will demonstrate the adequacy of the recommended BMPs to treat water quality flows in accordance with the. NPDES permit. The format of the WQMP will adhere to RWQCB standards. Optional Task M — Storm Water Pollution Prevention Plan (SWPPP) VA's in-house Qualified Storm Water Pollution Prevention Plan Developer (QSD) will prepare a SWPPP for the Project to address water quality concerns during construction activities. The preparation of the SWPPP will include a risk assessment of construction activities and the downstream receiving waters in order to establish the Project's Risk Level. The SWPPP will include a narrative describing proposed construction BMPs and their effectiveness in meeting National Pollutant Discharge Elimination System (NPDES) requirements. The SWPPP will include a site plan based on proposed erosion control plans and will depict the recommended construction BMPs intended to manage the quality of water that exits the site during construction. This task also provides for the filing and processing of the Notice of Intent (NOI) with the RWQCB and also includes all pre -construction filings through the State Water Resources Control Board's Storm Water Multiple Application and Report Tracking System (SMARTS). Optional Task N —Caltrans Storm Water Data Report (SWDR) If required of the Project and requested by the Caltrans, VA will prepare a water quality evaluation in accordance with the Caltrans Storm Water Quality Handbook, Regional Water Quality Control Board (RWQCB), and City methods and criteria. Based upon the extent of soil disturbance and degree of stormwater impacts associate with the project, a Short Form SWDR is anticipated and would prepared. The Short Form SWDR would include a description of the project within Caltrans right-of-way, and demonstrate that conformance with Short Form requirements. The Short Form SWDR will be submitted and processed With Caltrans for approval. Optional Task O — Caltrans Water Pollution Control Plan (WPCP) p/�gCIT Y OF NEWPORT BEACH tltltl NEWPORT BOULEVARD AND 32N° STREET MODIFICATION CONSULTING ' IN 01, VA CONSULTING, INC. ENGINEERS• PLANNERS• SURVEYORS 6400 Oak Canyon, Suite 150 hvine, CA 92618 Phone(949)474-1400 Fax(949)26­1-8482 CONSULTING Staff Classification Civil Engineering and Planning Services. President............................................................................................ Division President/Division Manager ................................................... Sr. Vice President/Vice President/ Exec. Director ............................... Director............................................................................................... Senior Project Manager...................................................................... ProjectManager................................................................................. Assistant Project Manager.................................................................. Senior Project Engineer/Senior Design Supervisor/Senior Planner..... Project Engineer/Design Supervisor ................................................... Senior Design Engineer/Senior Designer ............................................ Design Engineer/Planner.................................................................... Designer............................................................................................. Assistant Engineer/Assistant Planner ................................................. Research and Processing Coordinator ................................................ Senior CADD Technician..............................:..................................... JuniorEngineer................................................................................... CADDTechnician............................................................................... EngineeringIntern.............................................................................. Office Support/Clerical........................................................................ Field Survey and Mapping Services Director of Survey and Mapping............ Manager of Field Survey .................... Survey and Mapping Associate.......... Survey and Mapping Technician........ 3 -Man GPS Crew ............................... 2 -Man GPS Crew ............................... 1 -Man GPS Crew ............................... Hourly Rate ........ ................. .............. .... I ......... ...... $158 Special Services Litigation...............................................................................................................................$450 Notes 1. Invoices will be prepared for all services through the end of each calendar month. Invoices are due and payable upon presentation. 2. Overtime, when requested by the client, will be surcharged ata rate of 135% of the standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus 10%. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead. 4. In-house reprographics charges: B&W Band copies $0.60/sq.fl, Color Bond $0:00/sq.ft. 5. Mileage will be billed at standard mileage rates set by IRS. W i�lml R. 12-15.1.�nql I I m� �$�I I I VIII I: .wl g, w�w Iwl LL I N I N Iw m 1 i'bj t{ R d w 1 1$I I I r I! I +n N I I N 11lol I II 1. 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