HomeMy WebLinkAbout05 - Park Avenue Bridge C-5128Q SEW POQT
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City Council Staff Report
Agenda Item No. 5
October 8, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3330, dawebb(abnewportbeachca.gov
PREPARED BY: Fong Tse, Principal Civil Engineer
949 - 644 -3321, ftse(a)newportbeachca.gov
APPROVED: J�n� A
TITLE: Amendment No. 1 to Professional Services Agreement with RBF
Consulting for the Park Avenue Bridge Replacement Project —
Contract No. 5128
ABSTRACT:
RBF Consulting was retained in May 2012 to provide conceptual design services for the
Park Avenue Bridge Replacement Project. The conceptual design phase is now
complete and additional funding is needed to begin the environmental documentation,
permitting and final engineering phase.
RECOMMENDATION:
Approve Amendment No. 1 to Professional Services Agreement (PSA) with RBF
Consulting (RBF) for environmental documentation, permitting and final engineering
services not to exceed $766,600.00 and authorize the Mayor and City Clerk to execute
the Amendment.
FUNDING REQUIREMENTS:.
Sufficient funds are available in the current budget in Account No. 7251- C2002067 for
this work with funding being provided by the Federal Highway Bridge Program (HPB).
DISCUSSION:
The State of California Department of Transportation (Caltrans) conducts periodic
inspections of public bridges throughout the State. The Park Avenue Bridge spanning
across the Grand Canal connecting Balboa Island and Little Balboa Island was
inspected by Caltrans and received a rating of "Functionally Obsolete" due to its age
and high maintenance cost. As such, staff applied for and secured funding under the
Federal Highway Bridge Program (HBP) to replace the existing bridge.
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Amendment No. 1 to Professional Services Agreement with RBF Consulting for the
Park Avenue Bridge Replacement Project — Contract No. 5128
October 08, 2013
Page 2
On May 21, 2012, the City entered into a PSA with RBF to provide conceptual design
services for a fee of $119,500.00. Throughout the conceptual design phase, staff
participated in numerous meetings with representatives from the Balboa Island
Residents Associations and held two community meetings to discuss the conceptual
bridge plans. The conceptual design phase resulted in the bridge plans being used for
environmental documentation, analysis and coastal permitting.
Staff invited RBF to submit a proposal for the environmental documentation, permitting
and final engineering phase due to their extensive knowledge of the project and
success in completing similar bridge projects throughout the State. Staff negotiated a
contract amendment with RBF for a not to exceed fee of $766,600.00, bringing the total
contract amount to $886,100.00. RBF's schedule will result in a Coastal Development
Permit application being submitted to the California Coastal Commission in mid -2014
and completion of final engineering by September 2015.
In order to provide adequate funding for the bridge replacement project, staff submitted
supplemental funding requests to Caltrans seeking additional HBP funds based on the
current cost estimates. Caltrans has approved the City's request bringing the funding
available for engineering design and environmental documentation to $886,100.00 and
amount available for construction to $3,528,000.00. The total HBP federal funding
approved to -date is therefore $4,414,100.00. Revenue and appropriations for
construction will be made in future year CIP budgets. Unlike other federal -aid
programs, HBP pays 100% of the project costs and does not require a local fund match.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this funding approval action is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
�.� David A. ebb
Public Works Director
Attachments. A. Amendment No. 1 to PSA with RBF Consulting
B. Location Map
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Attachment A
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH RBF CONSULTING FOR
PARK AVENUE OF GRAND CANAL BRIDGE REPLACEMENT PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. One ") is made and entered into as of this 9th day of October, 2013
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City "), and RBF CONSULTING, a California
corporation ( "Consultant "), whose address is 14725 Alton Parkway, Irvine, California
92618, and is made with reference to the following:
RECITALS
A. On May 21, 2012, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for preliminary design services for the Park Avenue
over Grand Canal Bridge Replacement project (`Project').
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement, reflect additional Services not included in the Agreement, to increase
the total compensation and to update insurance requirements.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is a mended in its entirety and replaced with the
following: 'The term of this Agreement shall commence on the May 21, 2012, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ('Services"
or "Work "). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall
collectively be known as "Exhibit A ". The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
('Services' or "Work "). Exhibit B of the Agreement and Exhibit B of Amendment No.
One shall collectively be known as "Exhibit B ".
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Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section, Exhibit A of this
Amendment No. One, and the Schedule of Billing Rates contained in Exhibit B of the
Agreement. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Eight Hundred Eighty Six Thousand One Hundred Dollars and 00/100
($886,100.00), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seven Hundred Sixty Six Thousand Six Hundred Dollars and 00/100 ($766,600.00).
4. INSURANCE
Section 14 of the Agreement is amended in its entirety and replaced with the
following: "Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference."
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
RBF CONSULTING
'_•- .
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: In'
By.
aron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONSULTANT: RBF CONSULTING
California corporation
Date:
Bv:
Bradley R. Mielke
Senior Vice President
Date:
By:
S. Robert Kallenbaugh
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
RBF CONSULTING Page 3
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SCOPE OF SERVICES
RBF CONSULTING Page A -1
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
PARK AVENUE OVER GRAND CANAL
BRIDGE REPLACEMENT PROJECT
ENVIRONMENTAL & FINAL DESIGN SERVICES
SCOPE OF WORK
The Scope of Work provided by RBF Consulting (Consultant) is based upon a City of Newport
Beach (City) request for proposal for Environmental and Final Design Services related to the
Park Avenue Grand Canal Bridge Replacement Project (Contract No. 5128).
The scope of work involves environmental services for preparation and approval of the
following:
• Environmental Technical Studies
• Environmental Document
• Regulatory Permits
• Coastal Development Permits
• Final Design Plans, Specifications & Estimate (PS &E)
The documents will be prepared for the build alternative (1 alternative), as identified by the City,
for the replacement of Park Avenue Bridge over Grand Canal in the City of Newport Beach. The
project will be funded by federal HBR funds and subject to the provisions of the Caltrans Local
Assistance Procedure Manual. This scope of work assumes a 24 -month project delivery
schedule.
TASK 1 — PROJECT MANAGEMENT
This task covers project management services including the requirements for meetings,
schedules, progress reports, and administration of Consultant's work.
1.1 PROJECT MANAGEMENT
Following are administrative duties, which shall be performed by Consultant during the
Preliminary Engineering phase:
Supervise subcontractors and staff, coordinate, and provide Quality Control so
that work is conformance with City and Caltrans standards and policies; and
Prepare, circulate, and file correspondence and memoranda as appropriate.
Deliverables: Management /Administration Support
1.2 PROJECT MEETINGS
Consultant shall attend project meetings including the designated City staff members.
Appropriate Consultant staff members will attend the meetings to discuss the project
objectives, goals, and report on progress of the project.
The following meetings are anticipated and included in the Scope of Work:
Environmental phase initiation meeting to discuss the project requirements
Fifteen (15) project meetings with City staff, Caltrans, and others as appropriate.
Two (2) Public Hearings during preparation of the Environmental Document
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
where Consultant staff will serve as the technical advisors to present information
and address questions related to the architectural, engineering and
environmental aspects of the project.
• Four (4) meetings for the processing of the regulatory permit application and
coastal development application.
Consultant will arrange meetings, provide discussion materials and agendas and
develop and distribute meeting notes. In addition, Consultant shall prepare an action
item matrix, document all project decisions and distribute correspondence copies to all
project team members and City staff as appropriate.
Should the City determine that additional meetings beyond those assumed in this scope
of work are necessary, those services will be provided under a separate scope of work
and contract modification.
TASK 2 — ENVIRONMENTAL DOCUMENT
Consultant understands that the City has obtained Federal funding for the project
through FHWA/Caltrans Highway Bridge Replacement and Rehabilitation Program
(HBRRP). Thus, the proposed project will require a diligent environmental review under
both NEPA and CEQA to allow for project approval. Based on available project
information, Caltrans District 12 will be the lead agency for the NEPA action because of
the City's receipt of federal funding. The City of Newport Beach will be the lead agency
under the California Environmental Quality Act (CEQA). A detailed environmental work
program for the proposed project is provided below.
2.1 TECHNICAL STUDIES
2.1a Air Quality Report
Fugitive dust and equipment exhaust emissions from construction activities will
be quantitatively evaluated using CaIEEMOd. As the project is a roadway
widening project and would not generate operational trips, the operational
emissions analysis will be qualitative. Where necessary, carbon monoxide
hotspots will be evaluated. Consultant will also qualitatively discuss naturally
occurring asbestos impacts. The project is exempt from all conformity analysis
requirements as it is a listed project type under the "Table 2" exemption list in 40
CFR 93.126. Therefore, consultation with the Transportation Conformity Working
Group is not required.
Consultant will also prepare an inventory of the greenhouse gas (GHG)
emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct and
indirect sources. The emissions inventory will be compiled consistent with the
methodology prescribed by CARB in the Local Government Operations Protocol
for the Quantification and Reporting of Greenhouse Gas Emissions Inventories.
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
2.9b Noise Technical Memorandum
Consultant will review applicable noise and land use compatibility criteria for the
project area. Noise standards regulating noise impacts will be discussed for land
uses adjacent to the proposed project. The construction noise impacts will be
evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous
noise levels (Leq) and the frequency of occurrence. Vibration impacts will also be
assessed for adjacent sensitive uses.
A screening level operational noise assessment will be conducted to determine
the change in ambient noise due to implementation of the proposed roadway
widening. However, per the Caltrans Standard Environmental Reference (SER),
a formal Noise Study Report is not required. Compliance with applicable noise
standards will be evaluated, with recommended mitigation measures included
where appropriate.
2.9c Phase I initial Site Assessment
Consultant will prepare a Phase I Initial Site Assessment (ISA) for the proposed
project. The ISA will be prepared in accordance with the American Society for
Testing and Materials (ASTM) Standard Practice E 1527 -05 and the Caltrans
SER. It is acknowledged in this Scope of Work that one (1) build alternative will
be considered and it is assumed that no permanent right -of -way acquisition is
required as part of the proposed project.
The Phase I ISA will include the following primary components.
Site Visit. Consultant will perform a site visit, which will consist of a visual
examination of the project site for visual evidence of potential environmental
concerns, including existing or potential soil and groundwater contamination as
evidenced by soil or pavement staining or discoloration; stressed vegetation;
indications of waste dumping or burial; pits; ponds; or lagoons; containers of
hazardous substances or petroleum products; electrical and hydraulic equipment
that may contain PCBs, such as electrical transformers and hydraulic lifts; and
underground and aboveground storage tanks. Consultant will examine the
physical characteristics of the property (i.e., apparent runoff directions, location of
paved areas, etc.). It should be noted that the site visit specifically excludes any
subsurface investigation including, but not limited to, sampling and /or laboratory
analysis. A preliminary visual examination of immediately adjacent property
conditions and their general nature will be conducted.
Historical Use Investigation. An investigation of historical uses of the project site
by examining locally available aerial photographs (including historical aerial
photos), historical topographic maps, and other available documentation for
evidence of potential environmental concerns associated with prior land uses.
This analysis will be provided in table format within the ISA report. Other past
investigations will also be considered, if provided by the City.
Interviews. Consultant will interview knowledgeable persons (i.e., current
property owners, operators, occupants, adjacent residents, as well as applicable
public agencies, if available) to identify operations conducted on the project site
and neighboring properties, if any. Consultant will also identify the uses of all
adjoining properties (i.e., those contiguous to the project site). If such operations
are likely to affect the project site by contamination with hazardous substances or
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
petroleum products, Consultant will describe the risks presented to the project
site within the ISA.
Physical Setting Documentation. A review of information available on general
geology and topography of the project site and local groundwater conditions will
be conducted.
Regulatory Database Search. Consultant will include a review of the commercial
database summaries, provided by Environmental Data Resources, Inc. (EDR),
regarding public agency records for the project site and surrounding area.
Other Documentation. A review of available property data for the project site, if
applicable and available, will be conducted. Consultant will complete the ISA
Checklist, as required by Caltrans, for the project.
2.1d Natural Environment Study
Consultant will conduct a biological survey and prepare a Natural Environment
Study (NES) in accordance with Caltrans requirements. The NES will include a
description of the field methods used and the results of the biological evaluation
of the project area. The report will include a list of plant, wildlife and aquatic
species present within the project area, a general description of the aquatic and
plant communities occurring in the area, the presence or absence of any
federally or state listed species or sensitive habitats, as well as the presence of
jurisdictional waters. The proposed scope of services includes preparation of a
draft NES to be reviewed by the City and Caltrans. Consultant will respond to
two sets of comments and revise the NES, and prepare and distribute up to five
copies of the final NES.
Literature Review. Consultant will review available data for the project and
surrounding area to determine which sensitive resources are likely to occur. A
database search of the California Natural Diversity Data Base (CNDDB) and
California Native Plant Society (CNPS) listings regarding sensitive biological
resouces known to occur in the region and vicinity of the site will be conducted.
Additional agency information sources will be consulted including the California
Coastal Commission, National Oceanic and Atmospheric Administration's
National Marine Fisheries Service (NOAA Fisheries), California Department of
Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and
historic /current aerial photographs as appropriate to define identify jurisdictional
waters and to define the habitat requirements for sensitive species potentially
occurring on -site. This will allow Consultant to focus its field visit on those
sensitive biological resources present or likely to be present on the site.
In accordance with Caltrans guidelines, Consultant will submit a letter to the
USFWS and NOAA Fisheries requesting a list of threatened and endangered
species known from the project vicinity. The results of the records search will be
summarized in a table and included in the NES report. The Biological Study
Area (BSA) will be determined through coordination with a Caltrans Biologist.
Site VisiUHabitat Assessment. Following the literature review, the project site
and surrounding areas will be surveyed to document existing conditions. The
site's connectivity to the Pacfic Ocean will be surveyed to determine whether the
site provides any suitable habitat to support federally or state listed species or
sensitive habitat types and the site function within the California Coastal Zone.
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
The location of any sensitive biological resources within the BSA will be mapped.
Notes will be taken on all flora and fauna species observed. This survey will
provide an understanding of the overall project setting and biological resources
occuring within the area.
NES Report. A NES report will be prepared with the results from the habitat
assessment that will document all wildlife and aquatic habitats occurring on the
project site and within the immediate vicinity, the potential to support federally or
state listed species and will include a discussion of the project's potential impacts
within California Coastal Zone. The report will include a detailed map of the
aquatic and plant communities occuring in the area and within the immediate
project site, including their respective acreages. The report will include a brief
analysis of projected impacts to biological and marine resources, and suggested
mitigation measures, if necessary. The report will be sufficient to allow the City
and Caltrans to make the appropriate impact/mitigation determinations under
CEQA and NEPA and to support any required permits.
2.9e Water Quality Technical Memorandum
A Water Quality Technical Memorandum (WQTM) will be developed to support
the environmental documentation for the project. The WQTM will qualitatively
discuss the project's impacts on receiving water quality during construction and
post- construction conditions based on the region's applicable stormwater
regulations and consistent with the National Pollutant Discharge Elimination
System ( NPDES) permit requirements. It will characterize the baseline water
quality conditions, identify the potential water quality issues from developing the
project, and identify applicable mitigation measures (Best Management
Practices). The memo will discuss the following:
• The evaluation of the potential impacts related to implementing the
project;
Regional Hydrology, Local Hydrology, Floodplains, Groundwater
Resources, Topography, Climate, and Soils /Erosion Potential;
The applicable requirements of the local NPDES permit (Newport Beach
is a co- permittee under the Orange County Santa Ana Regional Board
NPDES Permit Order No. R8- 2009 -0030 CAS 618030), Federal Clean
Water Act (CWA), State Water Quality Regulations (Statewide
Construction General Permit), State Requirements under Section 402 of
the Federal CWA, Beneficial Uses, Groundwater and Surface Water
Quality Objectives, and Impaired Waters. A risk analysis will be
conducted consistent with the California Statewide Construction General
Permit (Order 2009 - 0009 -DWQ); and
Potential stormwater quality mitigation measures (Best Management
Practices) that may be needed per the water quality requirements
applicable to the project.
If it is determined during the Design Phase that the project will cause an increase
in impervious area over 5,000 square feet, then a Water Quality Management
Plan (in compliance with the local NPDES permit requirements) would be
required under a separate scope and fee.
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
2.1f Historic Properties Survey Report/Archaeological Survey Report
Consultant has retained Cogstone Resource Management for the preparation of
cultural resources documentation for the proposed project. Based on Cogstone's
assessment of the bridge and surrounding areas, it is expected that a Historic
Properties Survey Report and Archaeological Survey Report (HPSR /ASR) will be
required by Caltrans. The primary components of the HPSR /ASR are as follows:
• Coordinate with the City and Caltrans to define project description and
associated impact area;
• Perform literature record searches for known resources consisting of:
o Archaeological and historic records to be searched at South
Central Coastal Information Center;
o Review of historic aerials and topographic maps; and
o Review of previous studies in the area;
• Background research and investigation to develop brief contexts for
prehistoric and historic resources;
• Native American Consultation as follows:
o Sacred lands search from Native American Heritage Commission
(NAHC);
o Follow up contact with all Native American tribes or individuals
recommended by Commission and maintain log of results; and
o Contact local historic preservation groups and other stakeholders
to obtain information and concerns and maintain log of results.
• Field survey and reconnaissance, including the following:
o Intensive pedestrian survey of the entire project area;
0 Documentation of any resources encountered using high
resolution GPS & photography.
• Draft Historic Properties Survey Report with appended Archaeological
Survey Report, including responding to two rounds of comments and
producing final documents.
Note that Cogstone has already consulted with Caltrans and learned that the
existing Park Avenue Bridge (Caltrans Bridge #55CO015) although built in 1930
was substantially modified in 1984 and Caltrans determined that it lacks integrity
and is not eligible for the National Register. On that basis, no historic resources
evaluation for the bridge is required. In some instances, Caltrans will require a
study border of one parcel past the area of direct impacts, which could mandate
preparation of a Historical Resources Evaluation Report (HRER). If preparation
of an HRER is determined to be required, it will be subject to a separate scope of
work and contract modification.
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
2.1g Traffic Study
Consultant will prepare a traffic study analyzing and documenting forecast traffic
conditions during deconstruction of the existing Park Avenue Bridge and
subsequent construction of the new Park Avenue Bridge linking Little Balboa
Island with Big Balboa Island. The traffic study will analyze three potential
deconstruction /construction traffic condition scenarios under consideration:
1) provide temporary alternating two -way traffic on a one -lane bridge at the Park
Avenue location during the Park Avenue Bridge deconstruction /construction
stages; 2) provide temporary two -way traffic on a temporary two -lane bridge at
the Balboa Avenue location during the Park Avenue Bridge
deconstruction /construction stages with no traffic connection the Park Avenue
location; and 3) provide temporary one -way traffic on a one -lane bridge at the
Park Avenue location in conjunction with temporary one -way reverse directional
traffic on a temporary one -way bridge at the Balboa Avenue location during the
Park Avenue Bridge deconstruction /construction stages. This scope of work
assumes traffic count data collection during typical weekday a.m. and p.m. peak
period conditions at the following four intersections: Marine Avenue /Balboa
Avenue, Marine Avenue /Park Avenue, Abalone Avenue /Balboa Avenue, and
Abalone Avenue /Park Avenue, as well as up to five 24 -hour roadway segment
counts at locations to be identified based on discussions with City staff.
It should be noted that this scope of work for NEPA/CEQA compliance
documentation analyzes impacts at the Park Avenue location only. If, as a result
of the traffic study, a temporary bridge at Balboa Avenue is selected by the City,
a separate scope and fee would be required to adequately analyze impacts at
the Balboa Avenue location.
2.1h Minor Visual Impact Assessment
Consultant will prepare a Minor Visual Impact Assessment (VIA) for the proposed
project. Pursuant to the Caltrans SER, Consultant will prepare the Minor VIA
consistent with the guidelines set forth by the FHWA Visual Impact Assessment
for Highway Projects Guidelines. The Minor VIA will be prepared consistent with
the current Caltrans Landscape Architecture Program's recommended Minor VIA
Annotated Outline. The existing visual setting will be verified and qualitatively
discussed for the project area. An inventory of current existing conditions and
visual resources will be documented by a site visit. The visual change from
baseline conditions will be discussed, as seen from surrounding public viewers.
The anticipated viewer response to project changes will be documented. The
resultant impacts will be discussed. The project's overall temporary construction,
project operations, and cumulative conditions will also be considered.
Avoidance, minimization, and /or mitigation measures will be recommended to
reduce the visual impacts from the project, if any. This task specifically excludes
the preparation of visual simulations for the project.
2.1i Location Hydraulic Study /Summary Floodplain Encroachment
Report
Consultant will prepare a Location Hydraulic Study summarizing the existing
Zone AE floodplain on Balboa Island and any potential impacts that the Park
Avenue Bridge Replacement has on the floodplain. In order to assess impacts,
Consultant will complete research at the Federal Emergency Management
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
Agency (FEMA) to obtain the back -up data for the existing floodplain. The
existing floodplain appears to be the result of a backwater condition in Newport
Bay. Therefore the Park Avenue Bridge Replacement is not likely to impact the
existing floodplain. This task assumes a no or low impact to the floodplain result,
therefore only a Summary Floodplain Encroachment Report is included. No
hydraulic modeling is included as part of this task.
2.2 NEPA COMPLIANCE
As an HBRRP- funded project, this task assumes that the project will qualify for a
Categorical Exclusion (CE) under Section 6004, 23 CFR 771 Activity c(4). Consultant
anticipates that a CE with supporting technical studies will be required by Caltrans
District 12 Local Assistance in order to complete the NEPA process. To support the CE,
Consultant proposes to prepare a Preliminary Environmental Study (PES) Form in
addition to technical documentation as described above.
The PES Form, technical studies, and CE will address the project's potential
environmental effects in accordance with Caltrans standards. Impacts to sensitive
receptors (i.e. residential uses adjacent to the project site) will be examined. The NEPA
clearance process will be a key component of the environmental process. Based upon
Consultant's experience with similar projects and familiarity with the Local Assistance
process and District 12, the Consultant Team will act as an extension of staff to expedite
the NEPA process while preparing a defensible, thorough analysis.
2.2a Preliminary Environmental Study (PES) Form
Consultant will prepare a PES Form in accordance with the Caltrans Local
Assistance Procedures Manual (LAPM) environmental reporting criteria. The
PES Form will provide a preliminary analysis of potential environmental impacts
associated with the project and identify environmental issues that may require
further detailed study. The PES Form will be submitted to the City /Caltrans for
concurrence prior to the initiation of the technical study work program. Caltrans
will be responsible for a determination of the appropriate scope of work for the
project. A final determination regarding the range of technical studies and
appropriate NEPA action cannot be made until Caltrans approves the PES Form
for the project. However, based upon Consultant's experience on similar
Caltrans Local Assistance projects and our knowledge of the project area, it is
anticipated that a CE (with appropriate technical studies as outlined above) will
apply to the project.
2.2b Categorical Exclusion
On behalf of the City, Consultant will forward all supporting NEPA technical
studies and preliminary engineering documentation demonstrating that significant
environmental effects will not result with project implementation. This submittal
will consist of a draft CE and technical study package with formal request to
Caltrans for approval. As stated above, it is assumed that the project will qualify
for a CE under Section 6004, 23 CFR 771 Activity c(4).
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
2.3 CEQA COMPLIANCE
This task assumes that the City of Newport Beach will be the lead agency for the CEQA
process, and that an Initial Study /Mitigated Negative Declaration (IS /MND) will be the
appropriate form of clearance documentation. Should one or more impacts be identified
as significant and unavoidable (thus necessitating the preparation of an EIR), a separate
scope of work and contract modification would be required. Consultant will prepare the
IS /MND in accordance with the CEQA Guidelines and the City's local implementation
procedures. A detailed description of the CEQA work program is provided below.
2.3a Introduction
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the
City of Newport Beach CEQA Implementation procedures for which the proposed
project is subject. This section will identify the purpose of the study and statutory
authority as well document scoping procedures, summary of the IS /MIND format,
listing of responsible and trustee agencies and documentation incorporated by
reference.
2,3b Project Description
The Project Description section will detail the project location, background, and
history of the project, discretionary actions, characteristics, goals and objectives,
construction program, phasing, agreements, and required permits and approvals
that are required based on available information. This section will include a
summary of the project's local environmental setting for the project. Exhibits
depicting the regional and site vicinity will be included in this section.
2.3c Initial Study Checklist
This section will include a summary page of project information followed by an
explanation of factors considered for potential impacts. The Initial Study
Checklist will be presented in a four column layout, identifying: (1) potentially
significant impacts, (2) potentially significant impacts unless mitigated, (3) less
than significant impacts, and (4) issues resulting in no impacts.
2.3d Environmental Analysis
Consultant will evaluate the necessary information with respect to the existing
conditions, the potential adverse effects of project implementation (both
individual and cumulative), and measures to mitigate such effects.
Environmental issues raised by City Staff, Caltrans, agencies and the
community, and any other relevant and valid informative sources) will also be
evaluated. The analyses will be based upon all available data, results from
additional research, and an assessment of existing technical data. These
analyses will be performed by qualified Environmental Analysts, CEQA experts,
and Planners at Consultant.
The Environmental Analysis section will thoroughly discuss the existing
conditions for each environmental issue area, and identify short-term
construction and long -term operational impacts associated with the project. The
impact analysis will be in a consistent order of environmental factors, as
presented in Appendix G of the CEQA Guidelines (Aesthetics, Agricultural and
Forest Resources, Air Quality, etc.). The thresholds for significance shall be
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identified for every environmental issue. A brief discussion will be provided for all
environmental issues determined to be No Impact or Less Than Significant
Impact, explaining why these determinations were made and that no further
analysis is warranted. The Impact Subsection will provide a detailed analysis of
each issue, in the same order as these issues are provided in the IS /MND. The
Environmental Analysis sections will provide vital supporting information for the
conclusions rendered for the Environmental Checklist. This section will review
the following issues:
• Aesthetics, Light and Glare. This section will incorporate the results
of the Minor VIA performed as part of Task 2.1h. The analysis will
thoroughly discuss the existing aesthetic environment and visual
resources. Visual impacts from construction activities, as well as
long -term effects (view blockage, light/glare, etc.) will be discussed
and evaluated. Mitigation measures will be provided as required.
• Agricultural and Forest Resources. The project area is not
designated for agricultural production or forest resources, thus, the
IS /MND will confirm that no impacts would occur in this regard.
• Air Quality. The air quality analysis will incorporate the results of the
Air Quality Report to be performed as part of Task 2.1 a. A description
of existing conditions in the project area will be provided. The results
of the construction - related and long -term operational air quality
modeling will be incorporated into the IS /MND. Mitigation measures
will be incorporated to reduce impacts on a local and regional basis (if
applicable).
• Biological Resources. The results of the NES described as part of
Task 2.1d will be incorporated within this section. A detailed
description of the project setting will be included. Analysis of the
project's impacts to both terrestrial and /or marine resources will be
discussed. Direct impacts (construction within the channel) and
indirect impacts (lighting and /or human activity due to the bridge) will
also be analyzed. Mitigation measures will be included as applicable.
• Cultural Resources. The results of the HPSR /ASR will be
incorporated into this section. Existing conditions in the impact area
will be discussed, and the potential for disturbance of subsurface
resources will be analyzed. As noted above, the existing bridge was
constructed in 1930, but substantially modified in 1984 and is not
eligible for the National Register.
• Geology and Soils. Based upon the Geotechnical Investigations
performed under Contract No. 5128, the analysis will identify existing
regional and site specific geologic and soils constraints. The project
will be evaluated for its potential to expose people or structures to
potential substantial adverse effects involving fault rupture, strong
seismic ground shaking, seismic - related ground failure (i.e.,
liquefaction), and landslides. Project areas potentially subject to
significant grading impacts, existing topography and landform
modifications, and wind /water erosion potential of the soils will be
evaluated. Unstable geologic units /soils will also be evaluated. This
section will also identify recommended mitigation to avoid or reduce
potential impacts to the extent feasible, such as erosion control
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criteria and grading requirements, to ensure consistency with City of
Newport Beach grading standards /policies.
Greenhouse Gas Emissions. The IS /MND will incorporate the
results of the Air Quality Study described in Task 2.1 a and will include
a detailed analysis of impacts in accordance with the CEQA
Guide lines. The IS /MND will include an analysis of project - related
GHG emissions, indirect impacts, and energy consumption.
Mitigation measures to reduce impacts will be included in the IS /MND,
if required.
• Hazards and Hazardous Materials. Based upon the Phase I ISA
described as part of Task 2.1c, the IS /MND will include a detailed
analysis of impacts in accordance with the CEQA Guidelines. The
IS /MND will include an analysis of potential hazards and hazardous
materials and mitigation to reduce impacts, if required.
• Hydrology and Water Quality. This section will include the results of
the WQTM and LHS described as part of Task 2.1e and 2.1i,
respectively. The section will address changes in absorption rates,
drainage patterns, storm drain improvement, and downstream affects.
Consultant will also evaluate water quality conditions and identify
water quality (NPDES) techniques /structures in accordance with local,
State and Federal requirements. The potential for the project
description to degrade water quality, interfere with groundwater
recharge or expose people to water related hazards will be identified.
• Land Use and Planning. The proposed project will be reviewed for
consistency with City standards and policies, as well as careful
consideration of adjacent uses. The interface of the project with
nearby uses and, in particular, the uses immediately adjacent to the
site will be studied.
• Mineral Resources. Analysis will note that there is no effect of the
project upon mineral resources.
Noise. The Noise Technical Memorandum described under Task
2.1 b will be utilized within the IS /MND. A detailed description of
existing noise conditions and sensitive receptors in the project area
will be provided. The results of the construction - related and long -term
operational noise modeling will be included within this section.
Mitigation measures will be incorporated to reduce impacts to local
residential sensitive receptors.
Population and Housing. Consultant will provide a project specific
analysis of potential growth- inducing impacts pursuant to CEQA
Guidelines Section 15126(g). The basis for analysis will be population
and housing data from the City of Newport Beach, California
Department of Finance, and U.S. Census. The section will consider
housing conditions and projections for the area. The section will
discuss ways in which the proposed project could foster economic or
population growth, or the construction of additional housing, either
directly or indirectly, in the surrounding environment.
• Public Services. As a bridge replacement project, it is not expected
to generate substantial additional demand for public services.
However, the discussion will focus on the potential alteration of
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existing facilities, extension or expansion of new facilities, and the
increased demand on services. Consultant will evaluate the ability of
the project to receive adequate service based on applicable standards
and, where adequate services are not available, will identify the
effects of inadequate service and recommend mitigation measures.
• Recreation. As a bridge replacement project, the proposed
improvements would have a limited ability to affect recreational
facilities in the project area. As such, the IS /MND will confirm that no
impacts would occur in this regard.
Transportation and Traffic. Based on the traffic study described
under Task 2.1g, Consultant will develop significance conclusions
under CEQA for project - related circulation and traffic impacts. Since
the project will not increase roadway capacity over the long -term, this
section of the IS /MND will focus on temporary construction impacts
since the bridge would be constructed in half- sections. Mitigation
measures /recommendations will be included as appropriate.
• Utilities. As a bridge replacement project, the project is not expected
to generate substantial additional demand for utility service. However,
the discussion will focus on the potential alteration of existing utilities
within and /or beneath the bridge and the availability of solid waste
disposal capabilities during the demolition and construction process.
• Mandatory Findings of Significance. This section will focus on
cumulative effects and considerations.
2.3e Initial Study Determination
The determination page will conclude the appropriate action based upon the
IS /MND evaluation.
2.3f Graphic Exhibits
The environmental document will include up to ten (10) 8.5'x11" or 11 "x17"
exhibits to enhance the written text and clarify the proposed project
environmental impacts. Consultant will use state -of- the -art computer design
equipment and techniques to create professional quality, black and white or full
color exhibits, dividers, and covers for the environmental document and
Appendices.
2.3g Administrative Draft IS /MND
Consultant will submit ten (10) copies of the Administrative Draft IS /MND for
review and comment by the City. Should additional copies be required,
additional copies will be provided by Consultant at an additional fee. Consultant
will also submit one (1) "check copy" of the final draft document, which will
incorporate one complete set of comments received from the City. Changes to
the draft document will be highlighted to assist the review.
2.3h Public Review Draft IS /MND
With a conclusion in the IS /MND that no significant environmental effects will
occur as a result of implementation of the project, a Mitigated Negative
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Declaration will be prepared. Following this determination, Consultant will
prepare the Notice of Intent (NOI) to Adopt and the Mitigated Negative
Declaration for City review. The NOI and Mitigated Negative Declaration will be
attached to the IS /MND to fully explain the proposed project and its affects.
Twenty (20) hard copies of the IS /MND (with appendices included in digital
format), 20 compact discs containing both the IS /MND and technical appendices,
one (1) camera -ready IS /MND original, and one (1) camera -ready original of the
technical appendices will be provided to the City. Consultant will provide the
submittal to the State Clearinghouse and additional distribution as directed by the
City. Consultant will also post the NOI at the County Clerk at the onset of the
public review period.
2.3i Responses to Comments
Consultant will respond to comments received on the Draft IS /MND during the
public review period. Consultant will prepare thorough, reasoned, and sensitive
responses to relevant environmental issues. This task includes written
responses to both written and oral comments received on the Draft document
(includes review of hearing transcripts, as required). The draft responses will be
prepared for review by City Staff. For budgeting purposes, we have assumed a
total of 16 hours to prepare the Response to Comments. Should the comments
be excessive and require more than the budgeted time, this task would be
revisited under a separate scope and fee. Consultant will provide ten (10) copies
of the Responses to Comments for City review prior to incorporation into the final
environmental document.
Deliverables: Ten (10) Copies of the Draft Responses to Comments
2.3j Mitigation Monitoring and Reporting Program
To comply with the Public Resources Code Section 21081.6 (AB 32180),
Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP)
to be defined through working with City staff to identify appropriate monitoring
steps /procedures and in order to provide a basis for monitoring such measures
during and upon project implementation. The MMRP will indicate the mitigation
measure number as outlined in the IS /MND, a list of Mitigation
Measures /Conditions of Approval (in chronological order under the appropriate
topic), the Monitoring Milestone (at what agency /department responsible for
verifying implementation of the measure), Method of Verification (documentation,
field checks, etc.), and a verification section for the initials of the verifying
individual date of verification, and pertinent remarks. Consultant will provide
fifteen (15) copies of the Mitigation Monitoring and Reporting Program to the City.
2.3k FinallS /MND
Consultant will prepare a draft final document for City review and approval. The
Final document will consist of the revised Draft text, as necessary to address the
comments received on the Draft document. The Final document will include a
purpose subsection, reference the review process, comments received,
responses and any required edits /updates to the Public Review document. Also
included in the final document is the MMRP in accordance with Public Resources
Code Section 21081.6 (AB 3180). Five copies (5) and one (1) camera -ready
original will be provided to the City. Consultant will prepare the Notice of
Determination (NOD), send it to the State Clearinghouse, and file the notice at
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the County Clerk's office. This scope of work assumes that the City would be
responsible for the payment of any required filing fees for the California
Department of Fish and Wildlife (CDFW).
TASK 3 — REGULATORY AGENCY & COASTAL DEVELOPMENT PERMIT APPLICATIONS
3.1 REGULATORY PERMIT APPLICATION
Consultant will concurrently prepare application packages for a U.S. Army Corps
of Engineers (Corps) Section 10 Rivers and Harbors Act Permit (Letter of
Permission) and a Regional Board Section 401 Water Quality Certification. Each
submittal package will generally include the following key items:
• Application cover letter: The letter will be on Consultant letterhead and
introduce the project and define the submittal document.
• Standard Agency Forms: The most recent standard forms for each
agency will be utilized. An attachment may be provided so that the
complete project description and necessary detail is included. A detailed
project description for improvements within jurisdictional areas will also be
provided (including a discussion of best management practices).
• Project Exhibits: Exhibits will illustrate key project features and help clarify
written text. Anticipated exhibits include: Regional Vicinity Map, Site
Vicinity Map, Project Photographs, Jurisdictional Map, and Project Site
Plans.
• Environmental Documentation: The environmental documentation
section of the application package will include the Delineation of
Jurisdictional Waters Technical Memorandum, Biological Report, and
CEQA Documentation.
• Application Fees: The Certification filing fee pursuant to the Regional
Board's 2011 Fee Schedule (fees based on total project impacts) will be
provided by the Client.
This task includes one round of internal revisions. The deliverable for this task
includes a draft (1 copy of each application) and final (1 copy of each application)
for the City's file. One copy of each final application will also be formally
submitted in a 3 -ring binder to the regulatory agencies.
3.2 REGULATORY PERMIT APPROVAL PROCESSING
Consultant shall provide regulatory services for the processing of the regulatory
applications through the Corps and Regional Board. The processing shall include
required correspondence or telephone calls between the reviewing staff related
to the permit or points of clarification and coordination with the biological
consultant, if necessary. This task includes consultation with National Oceanic
and Atmospheric Administration (NOAA) Fisheries.
Typically agency comments are responded to via email; however, this task
includes one (1) round of formal (written and hard copy submittal) response to
comments per each application package. This task includes the preparation of
permit tracking logs for the Client throughout the permit process. Three (3)
Permit Summary Reports will be submitted to the client once the agency
approvals are obtained. This task will be billed on a time and materials basis.
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Should additional time for processing be required, the client will be notified and
work will continue on an approved contract augmentation.
3.3 COASTAL DEVELOPMENT PERMIT APPLICATION
The proposed project is located within the California Coastal Zone and is
therefore subject to the California Coastal Act. Per the Act, the proposed
improvements qualify as a "Project" and would therefore be required to obtain a
Coastal Development Permit (CDP). Consultant will assist the City in preparing
the CDP application and processing the application through the California
Coastal Commission (CCC).
Consultant will prepare a submittal package for a CDP from the CCC. The
submittal package is anticipated to include:
a) Standard Permit Application;
b) Appendix A: Declaration of Campaign Contributions;
c) Appendix B: Local Agency Review Form;
d) Appendix C: Mailing Labels (properties within 100' of project boundaries);
e) Appendix D: Declaration of Posting;
f) Project Site Maps;
g) CEQA Documentation/Technical Studies (provided as part of Task 1); and
h) Stamped /addressed mailing envelopes.
Item h), stamped /addressed mailing envelopes, includes the preparation of
mailing labels and envelopes for the CCC's mandatory public review /hearing
mailing. This task assumes up to fifty mailing addresses. Additional envelopes
can be prepared under a contract augmentation and City approval.
3.4 COASTAL DEVELOPMENT PERMIT PROCESSING
Consultant will provide regulatory services for the processing of the CDP
application through the CCC. The City does not have a certified LCP, and
therefore, does not have authorization to issue Coastal Development Permits
(CDP). The City does, however, have a Coastal Land Use Plan that has been
certified by the California Coastal Commission.
Consultant will submit to the City a pending development project package for the
City's consistency review with the General Plan, Coastal Land Use Plan and
Zoning regulations. Once that review has occurred and been determined to be in
compliance Consultant will file for a coastal development permit with the Coastal
Commission.
The processing shall include required correspondence or telephone calls
between the CCC reviewing staff related to the permit or points of clarification
and coordination. This item includes up to two (2) meetings with the reviewing
staff of the resource agencies during the application review process. A local LA,
Orange, or San Diego County coastal hearing is counted as one of the two
meetings. This task includes the preparation of three (3) formal responses to
comment packages; additional responses can be provided under contract
augmentation and City approval.
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In the event additional funds are necessary the Consultant will address those
funds necessary to proceed with the Client. Budget for this task will not be
exceeded without express authorization from the Client.
TASK 3 EXCLUSIONS:
1. Preparation of a Habitat Mitigation & Monitoring Plan (HMMP).
2. Fees associated with or required by the subject regulatory applications.
3. Permit Condition Compliance
TASK 4— FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATE (PS &E)
This scope of work is for final design bridge replacement and roadway improvements and will
incorporate the following assumptions:
• The limits of the Park Avenue bridge replacement and roadway improvements are
from approximately Marine Avenue intersection to the Abalone Avenue intersection.
• The Park Avenue Bridge will be replaced in three stages allowing for traffic across
the Grand Canal through construction. A temporary traffic signal system will be
necessary to control one -way traffic across the bridge during stage construction.
Bicycle and pedestrian traffic will be accommodated during construction.
• PCC pavement approaches will be removed and replaced, as required, to
accommodate relocation of underground utilities.
• Concrete sidewalks and ramps will be removed and replaced to accommodate the
new bridge structure and comply with ADA design standards.
• The existing landscape and irrigation improvements will be removed and replaced in
kind. The existing monument sign structure will be replaced.
• Alleys that intersection Park Avenue within the project limits will only be modified to
tie into the revised profile of Park Avenue.
• All active utilities will remain in use through the construction of the project.
Temporary relocation of utilities may be necessary to facilitate bridge removal and
reconstruction.
• This scope of work does not include the acquisition of any form of right of way,
private or public, temporary or permanent.
• A Geometric Concept Plan will be developed to illustrate final geometric
modifications and final lane widths. This Geometric Concept Plan will require final
City concurrence prior to initiation of the final plans, specifications, and estimates.
• Concept Stage Construction and Traffic Handling Plans will be developed to illustrate
the 3 -stage construction alternative. The Concept Stage Construction and Traffic
Handling Plans will require final City concurrence prior to initiation of the final plans,
specifications, and estimates.
• The scope of work is based upon the conceptual bridge replacement plans prepared
by RBF Consulting, in coordination with the City of Newport Beach, during the
Preliminary Engineering phase for this project.
4.1 RESEARCH/ INVESTIGATION/ BASE DATA REVIEW
Upon notice to proceed, Consultant will research additional existing improvement
plans, studies, record data, survey ties and notes, utilities, and other information
relevant to the Project and within and adjacent to the project limits to supplement
information obtained during the Project Geometric Approval phase. Consultant is
responsible for conducting research at the City, County, utility companies and
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maintaining current information throughout the Project. Consultant will review
any additional existing drainage improvement drawings and master plans for
local drainage facilities.
4.2 DESIGN SURVEY & RECORD BASE MAPPING
Design Survey: Horizontal and vertical control will be established along Park
Avenue from Marine Avenue to Abalone Avenue. Initial topography will be
collected from building face to building face along Park Avenue and across the
existing bridge deck. Topography along the Boardwalks will be collected for
about 50 feet from Park Avenue Right of Way. Depending on accessibility alley
flow line elevations will be collected for about 200' from Park Avenue right of
Way. After topographic mapping is evaluated with design criteria, topographic
surveys may be continued along alleys and boardwalks. The initial survey will
require 3 days and additional surveys may require 2 -3 days. Unless otherwise
directed by the City, the basis of horizontal control will be North American Datum
of 1983 (NAD 83), Zone 6, Epoch 2007, as published by the Orange County
Surveyor. Coordinates will be expressed as grid values in terms of the U.S.
survey foot. Unless otherwise directed by the City, the basis of vertical control
will be the North American Vertical Datum of 1988 (NAVD 88) as published by
the Orange County Surveyor.
Field surveys will include obtaining locations, elevations and descriptions of
topographic data from Right -of -Way to Right -of -Way. Topographic data
collection will consist of locating the following items:
• Curb, gutter, sidewalks and driveways.
• Pavement areas including streets and asphalt berms.
• Cross- section data on maximum 50' intervals.
• Power poles, streetlights and traffic signals, and major signs.
• Trees and major specimen plants, with trunk diameters greater than 6 ",
including drip lines.
• Above ground piping and structures.
• Existing utilities including valves, pull boxes, meters, and vaults.
• Storm drain and sewer structures and manholes, including rim and inverts.
• Fences and Walls, building faces.
• All major surface features that define the shape of the terrain, such as tops
and toes of slopes, grade breaks and natural ground.
• Spot elevations at critical locations.
All field topography shall be collected electronically for data processing.
Consultant shall data process all topography in AutoCAD 2009 format.
Deliverables will include an AutoCAD file compile at a scale of 1 " =20' with 1 foot
contours and a hard copy plot of the topography.
The finished topographic map shall include the basis of horizontal and vertical
control, North arrow, date -of- survey.
Record Base Mapping: Consultant will conduct research at the County of Orange
to obtain recent recorded maps and surveys pertaining to the existing streets
right -of -way, alleys and lot lines within the project reach. A record land net base
will be calculated from these records and geo- referenced to the project control
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network. If determined by project design constraints that further survey is
required to establish lot lines on the ground, then a separate task authorization
will be prepared defining the additional scope of work and fee.
4.3 UTILITY COORDINATION
Consultant is responsible for verification of the utility facilities that were identified
during the Preliminary Engineering phase of the Park Avenue bridge replacement
project. Consultant will prepare Utility Location Plans and develop a utility
conflict matrix identifying all conflicts with the project. The utility conflict matrix will
be provided to the City. Consultant will coordinate and work closely with the City
and the anticipated involved utility companies (Southern California Edison (SCE),
Time Warner Cable (TWC), and Southern California Gas Company (SCGC) to
determine the need to relocate impacted lines. Consultant will coordinate and
attend up to eight project coordination meetings; assuming two with each utility
owner. It is assumed the utility companies (SCGC, SCE and TWC) will perform
relocation design (interim /permanent) for their own facilities. Consultant will
prepare the relocation design for the City owned facilities (water and street
lighting). Consultant is responsible for coordinating electrical service points of
connection with the SCE. Plans for any extension of utility service facilities up to
the designated service point of connection will be prepared by the utility
company.
An allowance has been provided to perform eight potholes of existing utilities,
and prepare and distribute utility base maps to affected utilities. Pothole
locations shall be approved by the City prior to potholing. A pothole location map
will be prepared summarizing the planned pothole locations.
A utility relocation feasibility study will be prepared to evaluate existing systems
and optimize relocations.
Consultant will prepare utility record drawing request letters under City letterhead
for City to mail to utility owners.
If utilities are required to be relocated, City and utility owners will provide the prior
rights determination. It is assumed the City will also prepare a Utility Relocation
Agreement (URA) and Joint Use Agreement (JUA) or Consent to Common Use
Agreement (CCUA) for each prior right utility relocation within City right -of -way,
as applicable. The City will also be responsible for all negotiations with the utility
companies for cost responsibility, notices to relocate and processing the URA's
for approval. URA's will also be prepared by the City for non -prior rights utility
relocations.
4.4 GEOTECHNICAL ENGINEERING
Geotechnical engineering services will be provided by Earth Mechanics, Inc.
(EMI). Based on the conceptual bridge replacement plans prepared during the
Preliminary Engineering phase, the new bridge will consist of 3 spans with a
length of about 100 feet. The two piers inside the canal will be supported on 24-
inch Cast -in- Drilled -Hole (CIDH) pile extensions, and the abutments will be
founded on the same pile type connected to a pile cap.
It is anticipated that the liquefaction potential of the onsite soils to be high. The
near - surface soils are also anticipated to be highly compressible. The liquefiable
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and compressible soils will require additional foundation design efforts as
compared to a similar bridge founded on competent soils.
Geotechnical Field Investigation: The proposed field investigation includes the
following:
Design Element
No. of
Approx. Boring
Borings
Depth
Bridge Abutments
2
70 feet
Bridge Access Ramp Retaining
2
25 feet
Walls
To limit cost, soil borings will not be performed inside the canal for the two piers;
the two abutment borings will be used to interpolate for subsurface condition at
the two piers. The borings will be drilled at the approach with traffic control.
Boreholes will be excavated using a hollow -stem auger drill rig. Spoils will be
mixed with cement for backfilling the boreholes. Asphalt concrete cold -patch or
quick -set Portland cement concrete will be used to replace paving that will be
removed to conduct the borehole drilling. Positions and ground surface
elevations at the boring will be surveyed by others, if required.
EMI will prepare a borehole location plan. This plan will be provided to the City
and RBF, prior to the field investigation, for the purpose of securing the required
encroachment permits. EMI will secure a permit from the City of Newport Beach.
EMI field personnel will collect soil samples for laboratory testing at a vertical
interval of 5 feet or 10 feet. Samples of subsurface soils will be logged during the
field investigation, secured in their containers or collected in plastic bags, and
transported to the EMI laboratory.
Traffic control will be established in accordance with the Work Area Traffic
Control Handbook.
Laboratory Testing: EMI will select representative soil samples for laboratory
testing. Various laboratory tests will be performed to determine or derive physical
and engineering characteristics of soils. The anticipated laboratory soil tests
include: in -place moisture and density, Passing #200 Sieve, Atterberg Limits,
direct shear, unconsolidated - undrained triaxial, consolidation, R -value and soil
corrosion tests. Tests will be conducted in general accordance with California
Test (CT) methods or American Society for Testing and Materials (ASTM)
standards.
Geotechnical Engineering Analyses: Results obtained from the field investigation
and laboratory testing will be used to characterize subsurface soils and
conditions and create an idealized profile for design purposes. The following
analyses will be performed for the project:
• Determine an AIRS curve using the Caltrans online web -based tool, Version
2.
• Evaluate liquefaction potential and seismically- induced settlement.
• Evaluate liquefaction induced lateral spreading at the approaches.
• Determine axial capacity.
• Provide lateral pile resistance or LPILE input parameters for the CIDH piles.
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• Provide spread footing design data for retaining walls.
• Evaluate soil corrosivity.
• Calculate flexible pavement structural sections at the approaches.
Report Preparation: EMI will prepare a Foundation Report. The format of this
report will generally follow Caltrans Guidelines for Structure Foundation Reports
dated December 2009. If necessary, we will also prepare a short technical
memo for bridge type selection.
Assumptions:. Hours and costs are based on the scope of work described herein
and the assumptions listed below:
• Allowable period for travel lane and shoulder closures (for field investigation
operations) is 9:00 am to 4:00 pm daily.
• No investigation of hazardous materials. If hazardous materials are
encountered during the geotechnical field investigation, EMI will terminate our
work and notify you.
• There is no permit fee.
• Canal work is limited to global stability assessment of channel slopes below
the bridge soffit.
• Retaining walls are cantilevered walls on spread footings.
• There is no Caltrans review of the foundation report.
4.5 HYDROLOGY & HYDRAULICS REPORT
Consultant shall provide engineering services for the drainage design for the
Park Avenue Bridge and will consist of preparation of a Hydrology & Hydraulics
Report. The Hydrology approach will be comparison calculations of the existing
and proposed hydrologic conditions and flow patterns for the areas of local
streets subject to street improvements. The hydrology calculations will form the
basis of design for the hydraulic analysis of existing catch basins and street
flooded widths impacted by the street improvements, and for the and sizing of the
replacement catch basin facilities. The study area for the hydrology analysis will
be limited to the surface water runoff directly tributary to the street improvements.
Consultant will prepare a drainage report to address the existing drainage
condition and the proposed design. This report shall consider the hydrology for
each existing inlet at all four quadrants of the Park Avenue Bridge, but shall not
address the capacity or interception of neighboring drainage systems. Total
watershed area tributary to the existing site storm drain systems is not expected
to change as a result of the project, and a new offsite hydrology analysis is
excluded from this work. Existing neighboring drainage systems are assumed to
provide an adequate level of protection, and run -on flows from existing systems
will not be considered. Deficiency upgrades of the existing on -site drainage
systems within the right of way that are physically impacted as a result of the
bridge improvements are included in the scope of work. Deficiencies due to
other reasons will be presented for a policy decision by the City to incorporate
into the project design and construction with scope and fee negotiated
accordingly. Flooded width on the Bridge and Bridge approaches will be verified
using normal depth. Deck Drains are not anticipated on the Park Avenue Bridge.
Street normal depth and catch basin interception calculations will be prepared
using the results of the hydrology study to compare the existing and proposed
condition. This comparison will be used to demonstrate that the City's existing
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
street flooded width and flood protection levels are maintained. A range of tidal
elevations such as Mean Higher High Water (MHHW), Diurnal Tide Level (DTL),
and Mean Sea Level (MSL) will be used to evaluate the hydraulic performance of
the storm drain systems during the design storm event. Selection of the
hydraulic control and design storm event will be made with the cooperation and
guidance of the City. Storm surge will not be considered in the canal. The
capacity and hydraulic grade lines for the mainline storm drains will be evaluated
using a standard step hydraulics model such as WSPG.
4.6 WATER QUALITY MANAGEMENT PLAN
A Water Quality Management Plan (WQMP) for the project improvements will be
developed with input from the City. The WQMP will be prepared per the
requirements and standard template provided by the City. The WQMP will be
consistent with the requirements of the current Drainage Area Management Plan
(DAMP) and the City's Local Implementation Plan (LIP).
4.7 GEOMETRIC CONCEPT PLAN
Consultant will develop a Geometric Concept Plan that will. illustrate final
geometric modifications, lane widths and vertical profile. This Geometric
Concept Plan will require final City concurrence prior to initiation of the final
plans, specifications, and estimate.
4.8 STREET IMPROVEMENT PLANS
The Consultant shall prepare the following roadway improvement plans, and the
plans will include the design and profiling of all parkway curbs and roadway
centerlines.
All plan types shall be completed in conformance with the latest available design,
drafting, policy and procedure manuals of the City of Newport Beach. Plans will
be submitted as follows:
• 35% (Preliminary Design to City) — 11x17 bond of roadway typical section
and layout
• 65 %— 11x17 bond
• 95 %— 11x17 bond
• 100% (Final to City) — 11x17 bond and 2436 bond
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
The following is a listing of plan sheets with corresponding English scale:
Task
Plan
English
4.8a
Title Sheet
Varies
4.8b
General Notes /Construction Notes
Varies
4.8c
Typical Cross Sections
Varies
4.8d
Construction Details
Varies
4.8e
Key Map
Varies
4.8f
Plan and Profile Sheets
1" = 20'
4.8g
Storm Drain Plans, Profiles, and Detail Sheets
Varies
4.8h
Stage Construction and Traffic Handling Plans
Varies
4.8i
Signing and Striping Plans
Varies
4.8j
Street Light Plans
1" = 40'
4.8k
Retaining Wall Plans
1" = 20'
4.81
Landscape and Irrigation Plans
1" = 40'
4.8m
Erosion Control Plans
1" = 40'
Note that the professional fees established for the various types of plans are
based on the following:
All plan types for all phases will be prepared in City of Newport Beach plan
format on City of Newport Beach plan sheets. All plans will be processed
through the City of Newport Beach.
The existing off -site drainage patterns will be maintained and conveyed. No
interim drainage systems are assumed to be required to maintain existing
drainage patterns in order to facilitate the construction of the roadway
improvements. All ultimate /permanent drainage systems will be shown on
the storm drain plans. This task specifically excludes maintenance
agreements, environmental permits and documentation, flood plain revisions,
and CLOMR /LOMR processing.
Drainage plans, profiles, and quantities based on the drainage report. The
drainage plans will be prepared in accordance with City of Newport Beach
Standards and Plans and supplemented with Orange County Public Works
(OCPW) Standards, Plans, and Manuals (Hydrology, Local Drainage, and
Flood Control Design Manuals). The scope of the drainage plans is based on
replacing, rehabilitating, and reconstructing the four existing storm drain inlets
and pipe outlets. Replacement pipe outlets into the canal are anticipated
where the bridge abutment construction will conflict with the existing outlets.
No additional outlets are to be provided. Four (4) outlets are included in this
scope of work. Energy dissipation such as rip rap or concrete energy
dissipaters are not currently present and will not be designed as part of this
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
project. Pipe outlets will terminate at the existing location wherever possible,
and not be extended further into the channel. Where the pipe outlets may be
protected, and the pipe is deemed sound, the pipe outlet will be preserved.
Replacement of the existing manual flood gates in -kind or with automatic
valves (i.e. Tideflex®) will be evaluated with city staff. Treatment BMP
facilities as identified the WQMP (described elsewhere) will be incorporated
within the Drainage plans to the Maximum Extent Practicable. The consultant
understands that storm drain systems are owned and maintained by the City
of Newport Beach. Transfer of the storm drain to OCPW, or processing these
improvements through outside agencies such as OCPW Property Permits or
the US Army Corps of Engineers is an optional service that is not currently
included in the fees associated with this task.
Preparation of a SWPPP and Temporary Water Pollution Control Plans and
activities associated the latest General Construction Permit are not included
in this task.
Roadway Erosion Control Plan will be for illustrative purposes only and will
not be submitted as a part of the roadway improvements plan set. The
roadway erosion control plan will be a part of the bid specifications and will be
a part of the overall Master SWPPP by the City of Newport Beach. No
separate SWPPP specified for the roadway improvements is included in this
scope.
• Existing utilities will be shown on the plans per information obtained through
existing as- built/record drawings as provided by the utility companies and the
City of Newport Beach.
• All roadway edge grading will be coordinated with and join adjacent existing
improvements. The existing grade /surface condition is expected to be the
base roadway elevation for the new roadway design.
• No rehabilitative roadway grinding and overlay of existing roadway surfaces
is assumed to be included in the scope of work.
• Streetlights shall be shown per City standard and located on separate plan
sheets. All electrical conduit plans and electrical load calculations will be
prepared and coordinated with the City's Utility Services Department.
One (1) concept level stage construction and traffic handling plans will be
prepared for the replacement of Park Avenue Bridge. The concept will be
based upon the 3 -stage construction alternative developed during the
Preliminary Engineering phase. The first stage of construction consists of
replacing existing half of bridge and maintaining one lane traffic lane during
the construction. The second stage will consist of shifting the traffic to the
newly constructed bridge and replace the remaining half of the bridge. This
concept will require either flagging operation or temporary traffic signal for the
entire duration of the construction. All stage construction and traffic handling
will be developed per the requirements of the City of Newport Beach,
Caltrans, and M.U.T.C.D. Standards.
• Consultant will prepare 1 " =20' scale retaining wall plans for standard Caltrans
Type 1 retaining walls. A total of 400 feet of standard Type 1 walls retaining
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
are anticipated. Nonstandard retaining walls not included in this scope of
work.
• The following plans and reports will not be required as a part of this task:
• Demolition and Removal Plans
• Construction Staking and Survey Control Plans
• Utility Relocation Plans
• Roadway Cross Sections
4.9 BRIDGE REPLACEMENT PLANS
Bridge Advance Planning Study: Consultant will prepare an Advance Planning
Study (APS) in support of the Environmental Document/Project Study Report to
develop a feasible structure type and cost considering the existing bridge,
roadway and other conditions for the bridge widening. The APS will investigate
and determine the structure length, width and type, span lengths, structure depth,
railing types, including temporary rails, pier locations and types of footing
supports, vertical and horizontal clearances, location and slopes of cuts and fills,
slope protection, approach slabs, and stage construction. Consultant will
coordinate with roadway engineer on roadway issues, the hydraulics engineer for
hydraulic studies, and the geotechnical engineer for bridge foundations. The
APS will consist of one plan sheet showing the basic bridge plan, elevation,
profile, typical section, and estimated cost summary in accordance with
guidelines set forth in Caltrans Memo to Designers 1 -8 and State Local
Assistance Procedures Manual and Local Assistance Program Guidelines. The
APS will include a Design Memo summarizing all the critical assumptions of the
design.
Bridge Type Selection: Consultant will perform a Bridge Type Selection Study on
the preferred structure type brought forward from the Bridge Advance Planning
Study. The Consultant will update the APS and perform preliminary calculations
to determine the substructure dimensions and foundations, modifications and
retrofit of the existing bridge. Consultant will then prepare a Bridge Type
Selection Report consisting of a Bridge Type Selection Recommendation making
note of all critical assumptions of the design, Bridge General Plan, preliminary
construction cost estimate, preliminary hydraulics report and preliminary
foundation report. The General Plan will present plan, elevation and cross -
sectional views of the selected bridge type. The Bridge Type Selection Report
will be submitted to the Client for review and authorization to begin final design of
the bridge.
65% PS &E: Upon receipt of the City's written approval of the selected bridge
type, Consultant will prepare the 65 percent plans (unchecked details). All
structure design calculations and plans will conform to Caltrans and any Client
requirements and will be submitted for review by the client. The bridge will be
designed by a California- registered civil engineer in accordance with the
applicable provisions of the following manuals:
• Caltrans Bridge Design Specifications (LRFD);
• Caltrans Seismic Design Criteria (SDC);
• Caltrans Bridge Memos to Designers; and
• Caltrans Bridge Design Aids;
September 19, 2013
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
The level of effort is based on the baseline Concrete Precast/Prestressed girder
bridge. The scope of work and design fee may need to be adjusted if a different
structure alternative is selected for final design.
A set of draft plans (unchecked details) will be prepared in AutoCAD 2010 in
accordance with the applicable provisions of the following Caltrans manuals and
in conformance with any Client requirements:
• Caltrans Bridge Design Details;
• Caltrans Plans Preparation Manual; and
• Caltrans Plans, Specifications, and Estimates (PS &E) Guide
Assumed baseline alternative is a Precast/Prestressed box girder bridge. The
following bridge plan sheets are anticipated:
• General Plan — 1 sheet
• Index to Plans — 1 sheet
• Concrete Removal — 1 sheet
• Foundation Plan — 1 sheet
• Abutment Layout & Details — 4 sheets
• Pier Layout — 3 sheets
• Pier Details — 3 sheets
• Typical Section — 1 sheet
• Girder Layout— 1 sheets
• Girder Details — 4 sheets
• Joint Details — 1 sheet
• Barrier Details — 2 sheet
• Utility Details — 3 sheets
• Miscellaneous Details — 2 sheets
• Caltrans XS Details — 3 sheets
• Log of Test Borings (by others)
A complete bound set of design calculations will be prepared and submitted to
the Client for review.
Bridge Independent Check: A California- registered RBF civil engineer who is not
directly involved in the initial design of the structure will independently check the
bridge design. The independent check will be performed in accordance with the
applicable design criteria and will include generating independent check design
calculations and review of the plans and special provisions. This also includes a
QA/QC review of the plans and specifications by a senior bridge engineer.
Any significant differences between the initial design and the independent check
will be resolved between the two licensed engineers until substantial agreement
on the final design is achieved. Any required changes will be made to the design
and construction documents.
The level of effort is based on the baseline Precast/Prestressed girder bridge.
The scope of work and design fee may need to be adjusted if a different structure
alternative is selected for final design.
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
95 % PS &E: RBF shall prepare 95 percent PS &E for review and approval of the
City. The 95 percent PS &E shall include 65 percent PS &E updated in response
to comments from the City and the bridge independent check.
The Special Provisions for the roadway and bridge will be based upon Caltrans
Standard Special Provisions (SSP's). Consultant will prepare technical Special
Provisions for bidding to be included by the client in their bid documents. It is
understood the Client will incorporate the Caltrans Standard Specifications and
project SSP's into their bid documents (i.e. Notice to Contractors, Instructions to
Bidders, Contractor Forms, etc.) and coordinate the specifications with any other
non - bridge bid items.
The Consultant will prepare itemized quantity take -off calculations and a
construction cost estimate for the bridge and roadway construction.
100% PS &E: Following the reviews by the City, agreed -upon revisions shall be
made to the 95% PS &E. The specifications, half -size plans, and other bid
documents will be submitted to the City for final approval.
Final PS &E: After receipt of final approval, an original set of stamped and signed
plans and an engineer's estimate will be submitted to the City for its use in
developing bid documents and soliciting construction bids. The Consultant shall
provide the quantity calculations to the City for use in administering the contract.
4.10 WATER RELOCATION PLANS
Consultant will prepare improvement plans for the domestic waterline relocation.
It is assumed that the waterline improvement plans will be included as a part of
the City's plan set (for the bridge and roadway design), utilizing the City's CADD
border. The pipeline will be designed to meet the design standards and
requirements of the City of Newport Beach. It is anticipated that two plan sheets
will be required, a plan and profile sheet (1 "= 40' H, 1 "= 8' V scale), and a detail
sheet. Consultant shall submit the 65 %, 95% and 100% complete drawings to
the City for review. Consultant will incorporate the necessary comments for a
final approval.
4.11 TECHNICAL SPECIFICATIONS & BIDDING PHASE/CONTRACT DOCUMENTS
Consultant shall develop technical specifications as special provisions in
conformance with City's format. This scope of work shall include the preparation
of the technical specifications as referenced to the latest edition of the
"Greenbook" Standard Specifications for Public Works Construction.
Consultant shall develop contract documents in conformance with City's format.
The City will provide a standard bid /contract document template for use in
preparing the final project bid /contract documents, and the City will provide all
regulatory and agency permits and reference materials to be included in the
City's standard contract documents.
4.12 COST ESTIMATE
Consultant will prepare a final estimate of construction quantities and costs
based upon the approved final drawings utilizing the current edition of the
Caltrans Contract Cost Data book and recent construction bid information. The
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CITY OF NEWPORT BEACH Park Avenue over Grand Canal Bridge Replacement Project
specific construction items will be verified with contractors and up -to -date
construction management cost data to account for current cost increases and
material cost trends. The final detailed engineer's estimate of the project costs
will be structured per City format.
4.13 PLAN CHECK REVISIONS /APPROVALS /LOCAL AGENCY PERMITS
Consultant will process the completed plans for the purpose of securing
appropriate approvals and permits from the City as required. Submittals to
agencies shall include all plans and required backup data for review.
Consultant will receive written comments from all participating agencies and
review with City. Consultant will draft a response to all agency comments at one
time. Consultant will then meet collectively with all participating agencies to
resolve outstanding issues relative to agency comments. Consultant will then
prepare final dispositions for each review comment for submittal to the Agencies.
Consultant will make revisions to PS &E documents following plan check for
second plan check submittal and provide final revised quantity take -offs and cost
estimates. When revisions have been made, Consultant will obtain signatures
and provide the requested number of stamped plans to the City.
TASK 4 SCOPE ASSUMPTIONS:
1. No aerial topography is included in this scope of work.
2. A Traffic Management Plan (TMP) is not anticipated for this project.
3. Phase II hazardous waste assessments and implementation of environmental
mitigation measures are not included in this scope of work.
4. No new fire hydrants shall be assumed to be required for this scope of work.
5. No soundwall plans are included in this scope of work.
6. The City shall contract separately with a right -of -way agent to facilitate right -
of -way appraisal and acquisition, if required.
7. Boundary and centerline surveys and right -of -way monumentation after
construction are not a part of this scope.
TASK 5 — CONSTRUCTION SUPPORT
5.1 CONSTRUCTION BIDDING PHASE SUPPORT
Consultant will provide construction bidding phase support services during the
contract advertising period. Consultant will attend one (1) pre -bid meeting and
develop contract documents in conformance with City's format. This task shall
include the preparation of three (3) project limit exhibits on 8 1/2 x 11 page size
format. Preparation of a response to bidder questions and preparation of one (1)
addendum document is included in this scope. City shall provide required
permits and reference materials to be included in the standard contract
documents.
September 19, 2013
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RBF CONSULTING Page B -1
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 .
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
RBF CONSULTING Page C -1
36 of 40
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributor/. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
RBF CONSULTING Page C -2
37 of 40
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change, If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance, under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
RBF CONSULTING Page C -3 38 of 40
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