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HomeMy WebLinkAbout08 - Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) - Approval of PSAQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report April 13, 2021 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov PHONE: 949-644-3315 TITLE: Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) — Approval of Professional Services Agreement with Dudek, Contract No. 8487-2 As part of the City of Newport Beach Water Master Plan, four water mains that cross under the Newport Bay are scheduled for replacement. This project will involve extensive permitting with regulatory agencies, environmental analysis, and the preparation of construction documents to replace the water mains. In addition, the replacement of one sewer force main that crosses under the Newport Bay is also included with this project. Staff is requesting the City Council's approval to enter into a Professional Services Agreement with Dudek to prepare the necessary environmental, permitting and construction documents. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Dudek of San Juan Capistrano, California, for the Bay Crossing Water Mains and Sewer Force Main Replacement project at a not -to -exceed price of $1,222,533.00, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: As part of the City of Newport Beach (City) Water Master Plan, four water mains that cross under the Newport Bay are scheduled for replacement. These water mains are relatively old and/or currently out of service due to damage to the pipelines. The City completed a Bay Crossing Water Main Report in 2010 (2010 Report) and a Preliminary Design Report in 2019 (2019 PDR), which documented the condition of various water mains under the Newport Bay, prioritized the replacement of these water mains, and identified the most cost-effective construction methods for each bay -crossing water main. 8-1 Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) — Approval of Professional Services Agreement with Dudek, Contract No. 8487-2 April 13, 2021 Page 2 The 2019 PDR grouped bay -crossing water mains into three construction -method categories - 1) Underwater Trenching and Pipe Installation, also known as Subaqueous Construction; 2) Horizontal Directional Drilling; and 3) Cured -in -Place Pipe Lining. The 2019 PDR identified three water mains that are recommended for replacement by the Subaqueous Construction method. These water mains are identified as BC -01, BC -02 and BC -06 on the attached location map. In addition to the three water mains referenced above, a fourth bay crossing water main located on the north side of the Coast Highway bay bridge is included with this project. This fourth bay crossing water main is identified as BC -09 on the attached location map. On August 25, 2020, the City executed a reimbursement agreement with Bayside Village Marina, LLC to relocate this bay crossing water main to avoid conflicts with the proposed Back Bay Landing development project. The segment of this pipeline that currently runs across the Back Bay Landing property will also be relocated. In accordance with the reimbursement agreement, Bayside Village Marina, LLC has provided the City with the funds to complete the environmental, permitting and construction documents for this bay crossing water main. Lastly, a sewer force main from Little Balboa Island to Bayside Drive is also included with this project. This force main is currently out of service due to damage to the pipeline. In order to minimize permitting efforts, staff recommends including the replacement of this sewer force main with this project. Staff recently requested proposals from seven consulting firms to provide professional engineering services for the Bay Crossing Water Mains and Sewer Force Main Replacement project. Two proposals were received and reviewed by a three-person technical panel. The scoring for the proposals is as follows: PROPOSER TOTAL SCORE OVERALL RANK Dudek 277 1 Pace Advanced Water Engineering 263 2 Dudek and its subconsultants demonstrated the expertise and experience needed to complete the environmental, permitting and construction documents for the bay crossing pipeline replacement project. The proposed design team has successfully completed similar projects for other local agencies as well as for the City of Newport Beach. In addition, Dudek completed the 2010 Report and the 2019 PDR and therefore, is intimately familiar with the project constraints and potential challenges. Although professional services require selection by the most qualified firm, staff did review and negotiate with Dudek to reduce the proposed fee and feels that the proposed level of services and corresponding fees are in line with the current market. Staff recommends approving a Professional Services Agreement with Dudek to complete the environmental, permitting, and final design efforts for the Bay Crossing Water Mains and Sewer Force Main Replacement project. 8-2 Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) — Approval of Professional Services Agreement with Dudek, Contract No. 8487-2 April 13, 2021 Page 3 The proposed Scope of Work includes project management, aerial and field survey, mapping, utility research, geotechnical investigation, and preparation of a preliminary design report for the Back Bay Landing water main (BC -09) and the sewer force main. The scope of work also includes environmental analysis, extensive permitting with state and federal regulatory agencies, preparation of construction documents, and construction support services for all five bay crossings. Construction is tentatively planned for fall of 2024. FISCAL IMPACT: The adopted budget includes sufficient funding for this consultant service. It will be expensed to the Water Capital Distribution/Piping account, 70201931-980000 and private contribution account, 13501-980000 in the Public Works Department. The consultant's proposed not -to -exceed fee for this service is $1,222,533.00. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Professional Services Agreement 8-3 BAY CROSSING SEWER FORCE LI MAIN BAYCROSSING HARBOR ( )/ BACK BAY LANDING LINA BAY CROSSING IS ISLAND WATER MAIN BAY CROSSING (BC -09) DOVER DR. BAY CROSSING WATER MAIN AND SEWER FORCE MAIN REPLACEMENT PROJECT LOCATION MAP WATER MAI BC -02 � WATER MAIN (BC -06) ATTACHMENT A BAY CROSSING WATER MAIN � (BC -01) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8487-2 1 4/13/2021 8-4 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR BAY CROSSING WATER TRANSMISSION MAINS AND SEWER FORCE MAIN SUBAQUEOUS REPLACEMENT PROJECT DESIGN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 13th day of April, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DUDEK, a California corporation ("Consultant"), whose address is 605 Third Street, Encinitas, California 92024, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide engineering, surveying, geotechnical, and other related services for the design of the Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2026, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in �� Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Twenty Two Thousand Five Hundred Thirty Three Dollars and 001100 ($1,222,533.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not DUDEK Page 2 8-6 reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. S. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Russ Bergholz to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the DUDEK Page 3 RM requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil DUDEK Page 4 service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. DUDEK Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability DUDEK Page 6 i resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow DUDEK Page 7 8-11 inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third DUDEK Page 8 8-12 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Russ Bergholz DUDEK 27372 Calle Arroyo San Juan Capistrano, CA 92675 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). DUDEK Page 9 8-13 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 29.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. DUDEK Page 10 ME 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, DUDEK Page 11 .3F ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] DUDEK Page 12 MM IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: b 3/?g2 �2 1 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: fiL) By: on C. Harp Brad Avery CIty Attorney Mayor ATTEST: Date: CONSULTANT: DUDEK, a corporation Date: By: Leilani I. Brown Joseph Monaco City Clerk Chief Executive Officer Date- By- Christine ate: By:Christine Moore Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B -- Schedule of Billing Rates Exhibit C — Insurance Requirements California DUDEK Page 13 8-17 EXHIBIT SCOPE OF SERVICES DUDEK Page A-1 $_18 Cover Letter February 24, 2021 Mr. Ben Davis, PE City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Proposed Scope and Fee for Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Dear Mr. Davis, ARROYO IA 925 i 5 502626 Thank you for the opportunity to discuss our proposal for the City of Newport Beach Bay Crossing Water Main Replacement Project. Following this discussion, we have updated our scope and fee estimate accordingly. The following bullet list itemizes major scope and team changes to our proposal. Attached is the full scope of work updated fee summary table and hours/fee detail tables, and project schedule. Updates/Revisions Summary: • Revision of the approach to environmental compliance by assuming a single IS/MND for the combined 5 - crossing project. General review and reduction of level of effort as appropriate. • Identification of specific connection points for BC -09 crossing and alignment through Back Bay Landing. This alignment will include new pipe in Bayside Drive and connection to the potable system within PCH, requiring Caltrans permitting. Additional easement documentation included. • All engineering work for BC -09 will be performed by Dudek. • Addition of eTrac hydrographic survey and sub -bottom profiler survey with magnetometer for all crossings. We appreciate the opportunity provide this updated approach, scope and fee and look forward to proceeding with the project as soon as possible. If you have any questions or wish to discuss our proposal, please contact Russ Bergholz at 760.479.4107 or rbergholz@dudek.com. Sir >, { L-1'&'LLL Russ Bergholz, PE, PM Bob�6hlund, PE Principal Engineer/Project Manager Vice President Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page i 8-19 Scope of Work Exhibit "A" The following scope of work represents the final design and environmental permitting effort for replacement of four (4) existing water transmission pipelines and one (1) sewer forcemain. Three of the water transmission pipelines, BC -01, BC -02 and BC -06, have been the subject of several prior studies including a preliminary design report (PDR). Added to the project are the replacement of BC -09 which is tied to the Back Bay Landing development project, and replacement of the Little Balboa Island sewer forcemain, which we refer to FM -01 in this scope of work. The following figure shows the location of each of the five (5) pipeline crossings to be replaced as part of the project. Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 2 8-20 DUDEK Task 1 Project Management Task 1.1 Meetings (up to 20) Dudek will organize, schedule and chair all meetings. Meeting agendas shall be prepared and distributed two days prior to each meeting. Meeting minutes shall be prepared within three days after each meeting. Assume a total of twenty (20) 2 -hour long project development meetings with various City staff from the Public Works Department and Utilities Department and the community. Majority of meetings are anticipated to be virtual in 2021. In addition to meetings, communication between Consultant and City staff via email and telephone will be on-going throughout the project. Task 1.2 Subconsultant Management Dudek will subcontract, direct, monitor, and review deliverables from all team subcontractors throughout the project duration. Task 1.3 Project Management: Dudek will work closely with the City management team to adapt our standard project management tools for cost tracking, schedule, budget, progress reports and communication. Dudek will implement our typical quality assurance and quality control (QA/QC) program, a proven method for delivery of quality work products. All deliverables will receive independent senior technical reviews and City review comments shall be incorporated into any deliverable prior to submission to the City. Dudek Project manager will communicate regularly and effectively with the City's project manager, recognizing that routine project status updates are critical to efficient project delivery. We will utilize project management tools to proactively monitor project schedule and budget. Monthly progress reports will accompany our invoices, summarizing work completed in the previous month, status of deliverables, work planned for the immediate future, and identification of any budget or scope issues. Task 2 Aerial Survey Task 2.1 BC -01, BC -02, and BC -06 Land Surveying Dudek will perform ground based topographic surveying at the land side connection points for each crossing to supplement previous surveying materials collected from the preliminary design project. Task 2.2 FM -01 Aer'4 Surveying Dudek will conduct aerial surveying to collect topographic information along the alignment of FM -01. The Basis of Bearings and Benchmark shall be consistent with Orange County Survey Horizontal Control and the North American Vertical Datum, 1988, respectively. Existing bathymetric surveying information will be utilized with interpolation between edges of bathymetric survey data and land surveying. Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 3 8-21 DUDEK Task 2.3 BC -09 Aerial Surveying Dudek will conduct aerial surveying to collect topographic information along the alignment of BC -09. The Basis of Bearings and Benchmark shall be consistent with Orange County Survey Horizontal Control and the North American Vertical Datum, 1988, respectively. Bathymetric surveying information will be collected as part of Task 3.2 with interpolation between edges of bathymetric survey data and land surveying. Task 3 Base Mapping, Utility Research and Geotechnica Task 3.1 Records Research Dudek will gather and review available information such as preliminary engineering reports, record drawings, tract maps, proposed improvement plans, assessor parcel maps, right-of-way maps, plans with pipe alignments, and utility maps. In addition to City record drawings, Consultant shall coordinate with other agencies for existing improvement plans. Task 3.2 Utility Research and Coordination City staff will send out the first utility request and will forward the maps/atlas to Dudek. Dudek will identity all utilities within project limits on PDR and construction drawings. Dudek will send out utility verification and/or relocation notices. Utility adjustments and relocations shall be shown on contract drawings. Dudek will develop and maintain a utility log to document all correspondences with all utility agencies within the project limits. Dudek will utilize the services of eTrac Inc for preforming utility locating along each alignment. The level of effort is assumed to provide full bathymetry surface profile as well as magnetometer/sub-bottom profiler survey to located existing utilities at each of the five crossings. Including survey report, CAD files of bay floor and x/y coordinates of existing utilities and their depths will be provided for use in base mapping. Dudek will utilize the services of TE Roberts for potholing up to 10 connection points for physical verification. Deliverables: • eTrac Survey Report and CAD/ point data. Task 3.3 Base Mapping The consolidation of topographic information, utility information and preliminary horizontal alignment information for all crossings will be prepared on D -size sheets at 1" = 40' scale. Dudek will adhere to City CAD standards and formats. Base mapping will be field verified by Dudek team through site visit. Up to ten (10) potholes will be conducted for either connection verification or to identify potential conflicts. An estimated unit cost has been included, as issues such as access, traffic control, paving and other elements are unknown at this time. Task 3.4 Geotechnical Investigation Anchor QEA will support the Dudek team with sediment sampling for this project. Along the alignments of the proposed subaqueous trenching, sediment sampling will provide the soil conditions that will be encountered as part of the trenching operation. Sediment resulting in excavation or dredging of the trenches to some extent has been extensively characterized to support various City programs going back to the mid-1970s and most recently by Anchor QEA in 2017 as part of the City's Regional General Permit 54 (RGP 54) and Anchor QEA in 2018 as part of the Federal Channel Dredging project. Given the extensive level of sediment characterization which includes Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 4 8-22 DUDEK portions of the proposed trenches, it is likely that the agencies would be amenable to reduced Tier I evaluation within confirmatory chemistry (no biological testing). Representative cores (to desired excavation depth) would be collected from 14 stations within the proposed trenches and composite samples would be submitted for chemical analysis. Confirmatory chemistry results would be compared against composite sample results for sediments determined to be suitable for ocean disposal as part of the RGP 54 program and federal channels. If confirmatory sample chemistry results are within the range of the composite sample found to be suitable for ocean disposal based on the full Tier III testing program, then material below the RGP and federal channel depths would be recommended as suitable for ocean disposal or nearshore placement based on a Tier I exclusion. In addition to chemical analysis, grain size by sieve analysis would be performed on sediment from each station (or stratified layer) to determine compatibility of proposed dredged material for nearshore placement. Grain size data would be compared to the historical grain size envelope. The City conducts RGP 54 sampling every 5 years with the next sampling timeline anticipated in Summer 2021. To the extent possible, if schedules align and confirmatory sampling for the Waterline project could occur contemporaneously as the RGP 54 sampling, then there could be significant cost savings in planning, sampling, and agency negotiations. Confirmatory sediment sampling would include the following tasks, in close coordination with the Dredge Material Management Team (DMMT): Sampling and Analysis Plan (SAP): A SAP would be developed that presents the sampling and analysis strategy. The SAP would include historical sediment characterization results, proposed sampling locations, anticipated volumes, and procedures for sediment sample collection and handling, physical and chemical analysis, and quality assurance/quality control. The SAP would be presented to the DMMT for review and approval prior to sampling. • Sediment Sampling: Sediment cores would be collected at approximately 14 stations, including three to four stations per waterline location. Based on the expected volume of dredged material, it is anticipated that each waterline location would represent one dredge unit or composite area for testing. The actual number of stations is subject to DMMT approval and may change based on the calculation of the proposed volume of dredged material. • Laboratory Analysis: Four composite samples would be submitted for sediment chemistry to determine the presence of potential contaminants of concern per DMMT guidelines. Based on recent RGP 54 sampling results, it is expected that sediment from BC -06 would also be tested for DDTs to demonstrate that the new surface area (Z -layer) is clean. Based on existing RGP 54 and federal channels data, it is anticipated that biological testing would not be required. In addition to chemical analysis, individual core samples (or stratified layers) would be analyzed for grain size by sieve analysis to determine compatibility for nearshore placement. If sediment core grain size samples are predominantly fine-grained, samples would also be analyzed for Atterberg limits and hydrometer analysis. It is anticipated that 14 samples would be submitted for geotechnical testing. • Sampling and Analysis Report (SAR): A SAR would be developed to document the results of sampling and analysis. The SAR would be presented to the DMMT for review and approval for disposal of dredged sediment. If the findings indicate potential impacts related to hazards and hazardous wastes or materials, mitigation measures may include further work related to additional investigation, sampling, remediation, human health risk analyses and/or construction contingency measures. If this situation occurs, the Dudek team will coordinate with the City to negotiate addition project budget and schedule allotment prior to beginning additional work. Geotechnical sampling is also limited to the subaqueous trench zone. In the event that additional geotechnical investigations either deeper to support horizontal directional drilling, or land-based geotechnical investigation is determined valuable in support the design phase, Dudek will Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 5 8-23 DUDEK request either the City conduct this work outside this scope, or provide a contract amendment to add this field work into the scope of work and budget. Task 4 BC -09 Preliminary Design Report Task 4.1 Alignment Alternative Analysis Following completion of site surveying and utility investigation, Dudek will proceed with preparation of the preliminary design report for BC -09. The City has identified an anticipated alignment for the proposed pipeline through the Back Bay Landing (BBL) and neighboring property to on the east side of the alignment. The pipeline will extend both into Bayside Drive and ultimately connect to the existing system within Highway 1. This alignment will be plotted with up to two alternatives that may adjust portions of the alignment around existing docks, within Bayside Drive, or crossing across the bay. Summary of analysis will be documented primary in graphical/pian format with annotation. A comparison of planning level construction costs will be included for evaluation. Task 4.2 Construction Alternatives The crossing of the waterway may be either via subaqueous trenching or horizontal directional drilling (HDD). Based on the selected horizontal alignment from the prior task, Dudek will evaluate if HDD allows for any advantages over subaqueous trenching (subaqueous trenching is assumed as the preferred construction method). Task 4.3 Connection Research and Easements Based on the preferred horizontal alignment and connection points, Dudek will provide a primarily assessment of easement areas necessary for acquiring on private property and with Caltrans. Three (3) easements are anticipated at this time. Task 4.4 Preliminary Design Report Dudek will prepare a written preliminary design report summarizing the above subtasks, including 30% design level construction cost estimate. A draft and final PDR will be prepared based on incorporation of City review comments. Deliverables: • Draft and Final BC -09 Preliminary Design Report (electronic submittal) Task 5 FM -01 Preliminary Design Report Task 5.1 Alignment Alternative Analysis Following completion of site surveying and utility investigation, Dudek will proceed with preparation of the preliminary design report for FM -01. There is an existing abandoned FM and parallel active FM. Dudek will evaluate if rehabilitation of the abandoned FM (by CIPP, Primus Liner system or other means) is feasible. We have included budget for excavation and limited inspection of the abandoned pipeline to determine feasibility. Anticipated improvement is the removal and replacement of the existing abandoned pipeline. Summary of analysis will be documented primary in graphical/plan format with annotation. A comparison of planning level Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 6 DUDEK construction costs will be included for evaluation. Subaqueous construction is the anticipated replacement option. In addition to FM -01, Dudek will evaluate if Primus Liner may be applicable for BC -01, BC -02 or BC -06 as a rehabilitation option. Dudek has allocated budget for TE Roberts to physically evaluate the feasibility of utilizing Primus Liner at FM -01 using the abandoned sewer forcemain as a conduit. This budget maybe applied to evaluating the physical condition of BC -06 as an alternative. Task 5.2 Connection Research and Easements Based on the preferred horizontal alignment and connection points, Dudek will provide a primarily assessment of easement areas necessary for acquiring on private property. One (1) easement is anticipated at this time. Task 5.3 Preliminary Design Report Dudek will prepare a written preliminary design report summarizing the above subtasks, including 30% design level construction cost estimate. A draft and final PDR will be prepared based on incorporation of City review comments. Deliverables: • Draft and Final FM -01 Preliminary Design Report (electronic submittal) Task 6 Mitigated Negative Declaration (MND) Dudek has assumed for purposes of this scope of work that the project will be able to be cleared with an Initial Study/Mitigated Negative Declaration (IS/MND). If initial tasks indicate that an EIR is required, then Dudek would need to provide a detailed EIR scope and cost at that time when there is more certainty about the project's engineering approach. Task 6.1 Project Scoping and Initial Study Dudek proposes this task to initiate the project with the City and conduct environmental scoping with the agencies. This task includes participation in the Dredge Material Management Team (DMMT) meeting with the agencies to present the project's scope of work and gather agency (Army Corps, EPA, CDFW) input on the scope of analysis for the proposed project. The Dudek PM, Environmental Task lead, Bio lead, and Anchor QEA PM will attend this meeting. Once the technical studies that inform the engineering design are complete, agency scoping is complete, and Initial Study is drafted and submitted to the City for review, the Dudek engineering project manager and environmental task lead will meet with the City to confirm the CEQA approach. Deliverables: • Attendance at and presentation of the project at one Dredge Material Management meeting. • Administrative Draft Initial Study (electronic submittal) Task 6.2 Biological, Cultural and Geotech Analysis Task 6.2.1 Biologicul Resources: Dudek will conduct a desktop search of the literature regarding known biological resources in the site vicinity. This will include a query of the California Department of Fish and Wildlife (CDFW) Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 7 8-25 DUDEK California Natural Diversity Database (CNDDB), Commercial Fishery Landing Data (Blocks and Regional Ports), U.S. Fish and Wildlife Service (USFWS), Information, Planning, and Conservation (IPAC) System, National Oceanic and Atmospheric Administration (NOAA) California Species List Tools, NOAA Find a Species Website (West Coast Region), NOAA Species List Tools, USFWS Environmental Conservation Online System, National Marine Fisheries Service (NMFS) Species of Concern, the Environmental Sensitivity Index (ESI), and scientific and white/grey papers on marine mammals, sea turtles, fisheries, aquaculture, and other subject matters. Dudek will collaborate with Anchor QEA and the City to compile all available biological data within the study area, including mapping of eelgrass, prior jurisdictional delineations/determinations, and Essential Fish Habitat (EFH) assessments. Dudek will compile a GIS map of biological resources, utilizing existing data and a reconnaissance survey of upland portions of the project area, to include the extent of vegetation communities and land covers, based on A Manual of California Vegetation and Gray and Bramlet Habitat Classification System, limits of jurisdictional aquatic resources under the jurisdiction of the California Department of Fish and Wildlife (CDFW) pursuant to Sections 1.600-1603 of the California Fish and Game Code; under the jurisdiction of the U.S. Army Corps of Engineers (ACOE) pursuant to Section 10 of the federal Rivers and Harbors Act and 404 of the federal Clean Water Act (CWA); waters of the State under the jurisdiction of the Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the CWA and the Porter -Cologne Water Quality Control Act; and state waters as regulated by the California Coastal Commission (CCC) pursuant to the California Coastal Act. The extent of mean ordinary high tide elevation will be utilized to determine tidal jurisdiction and is assumed to be provided through existing information available to the City. These data will be used to determine suitable habitat for sensitive plant and animal species and the extent of resources regulated by the agencies listed above. Dudek will incorporate the existing EFH assessment prepared for prior bay dredging projects and utilize this assessment to determine the potential effects of the project on EFH and the need for mitigation, if applicable. It is assumed that existing information will be sufficient to support the EFH and focused fish dive surveys would not be required. Dudek will prepare a Biological Technical Report which will document the methods and results of existing data, surveys and analysis to assess the existing conditions related to terrestrial and marine biological resources within Newport Bay for each portion of the project area. This report will also provide analyses and conclusions regarding significant (under CEQA) of potential impacts (direct, indirect, and cumulative) to existing biological resources that may result from implementation of the project. Recommended mitigation measures will be developed, to the extent feasible, to reduce potentially significant impacts to a level less than significant. EelgrassMiggationPlan: Dudek will prepare the eelgrass compensatory mitigation plan, in accordance with the California Eelgrass Mitigation Policy (CEMP). This plan will include a thorough analysis of the potential direct and indirect project impacts (e.g., turbidity, shading, nutrient loading, sedimentation, and alteration of circulation patterns), recommended avoidance and minimization methods (AMMs), appropriate best management practices (BMPs), and a high-level compensatory mitigation strategy at CEMP ratios. The mitigation plan will follow CEMP policy in order to demonstrate no net loss in eelgrass function. It is assumed that mitigation would occur within the pipeline replacement dredging locations, following completion of pipe replacements. The mitigation plan will include all required sections per the CEMP including proposed mitigation methods, construction schedule, schedule and description of proposed post -project monitoring and when results will be provided to NMFS, schedule and description of process for continued coordination with NMFS through mitigation implementation, and description of alternative contingent mitigation or adaptive management should proposed mitigation fail to achieve performance measures. Tush 6.2.2 Cultural and Historical Resources: Cultural resources work will be completed with the intent of satisfying and federal agency review. Because physical access to the water transmission and sewer force mains is infeasible and unwarranted in the context of a cultural resources investigation, Dudek's efforts will be restricted to review of available background information. Dudek will conduct a records search for a 1/2 -mile radius around Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 8 8-26 4111111117 : 1 CI the proposed project area at the Southern Central Coastal Information Center (SCCIC) to obtain information on previously recorded cultural resources and investigations. Due to COVID-19 complications, the SCCIC costs have been increased and time to return results have been extended. We anticipate direct costs for the records search to be no more than $1,800 and for the search results to take up to 10 weeks to be provided. Upon written notice to proceed, we will also initiate correspondence with the Native American Heritage Commission (NAHC) to request a search of the Sacred Lands File for any known Native American resources identified in the vicinity of the Project. As part of the results of this search, the NAHC will provide a Contact List of tribal individuals and organizations that may have additional information concerning resources in the vicinity. It is assumed that formal consultation with Native American tribes pursuant to Assembly Bill (AB) 52 will be completed by city staff, although Dudek is happy to assist should this be required. Assuming a potential federal nexus, Section 106 style project notification to NAHC-listed tribes will be required. This process will include requests for information sent by letter/email, followed by calls within two -weeks should no response be received. Dudek assumes that no archaeological or built environment resources (buildings over 45 years in age) resources will be identified that may be affected by the Project. Should such resources be encountered, additional documentation sufficient to prepare and Department of Parks and Recreation (DPR) 523 Site Record Forms will be required. This is considered the minimum standard of recordation recommended by the California Office of Historic Preservation (OHP). Dudek will work with the City to prepare an additional cost and scope to support these or additional needed efforts. Dudek will document the results of the cultural resources investigation in a report meeting federal agency review standards. This report will include a project location and description, area of potential effects (APE) map, regulatory context, review of geomorphic information for suitability to support unanticipated cultural resources, a summary of records search results and NAHC search, a discussion of impacts to cultural resources, and recommended mitigation. Task 6,2.3 Aesthetics: The aesthetics section of the MND will document and describe the existing visual setting of the proposed project (Project) site and surrounding area, identify state and local plans and policies relevant to aesthetic resources and the project site, and evaluate the potential for impacts during construction and operation in accordance with significance thresholds established in Appendix G of the CEQA Guidelines. Due to the nature of the Project, the focus of the analysis will be on construction impacts to existing views. The visual setting section will include a discussion of scenic vistas in the City of Newport Beach including scenic views of bays/waters from nearby public parks, roads, and land uses (including residences) near the proposed bay crossings. The character and quality of existing views will be explored. The visual setting will also identify state and local scenic highways and roads in the area (availability of views to the bay crossings and associated work areas will be disclosed) and existing sources of light and glare in the project area will be described. Existing visual character and quality of the areas surrounding the proposed bay crossings will be discussed. Due to the subaqueous location of pipeline crossings, this discussion will generally focus on availability of bay views and character of development (primarily residential) including building mass, scale, and density. Dudek will conduct a photographic field survey of the Project site and surrounding area. The field survey will establish a visual resource baseline by documenting existing visual resources and views. Viewer groups and their likely response and sensitivity to changes in the environment will be evaluated during the field survey. As previously stated, the project will be evaluated in accordance with the aesthetic significance thresholds identified in Appendix G of the current CEQA Guidelines. Effects to scenic vistas and views will consider the duration of construction activities, equipment and proximity to homes and other land uses, temporary alteration Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 9 8-27 DUDEK of scenic quality and severity of view interruption and blockage. Regarding scenic highways, the analysis will evaluate whether implementation of the project would temporarily degrade available views available from Pacific Coast Highway (an eligible state scenic highway). Consistent with the current aesthetics significance thresholds in Appendix G of the current CEQA Guidelines, the visual character analysis will focus on the proposed project's consistency with applicable zoning and other regulations (i.e., policies and design guidelines) related to scenic quality. This analysis will be presented in a consistency table and will be supported with information from the project description and photographs of the project site and available views. Lastly, impacts to daytime and nighttime views associated with the implementation of the project will be evaluated through a comparison of existing and proposed conditions related to the project site, and consideration of construction equipment reflectivity and night lighting. Regular maintenance of the pipelines is not anticipated to result in significant impacts to daytime or nighttime views; however, operational impacts will be explored. This scope does not include the preparation of any visual simulations by Dudek. For nighttime work, a summary of lighting elements that will be used as well as the duration of lighting element usage on a nightly basis will be included. Any limitations placed on lighting (i.e., shut off times, installation of recessed and downward directed, use of fully shielded fixtures, etc.) will be included. Task 6.2.4 Air Quality: Dudek will prepare an assessment of the air quality impacts of the project utilizing the significance thresholds in Appendix G of the CEQA Guidelines, the South Coast Air Quality Management District (SCAQMD) emissions -based thresholds, and City guidance, as applicable. The air quality section of the IS/MND will include a brief discussion of criteria air pollutants, the attainment status of the South Coast Air Basin, and applicable rules and regulations. Based on our understanding of project construction, subaqueous activities will likely include dredging in a single pass, operation of a barge with a large backhoe, and another barge for welding segments of the pipe and sinking them into the trench, as well as workers and trucks driving to and from the site. Accordingly, Dudek will estimate criteria air pollutant emissions associated with the construction phase of the project using a combination of the California Emissions Estimator Model (CalEEMod), the California Air Resources Board (CARB) Mobile Source Emissions Inventory Model, CARB Off-road Emissions Inventory Model, CARB Emissions Estimation Methodology for Commercial Harbor Craft Operating in California, and the EPA AP -42, as applicable. Dudek air quality staff will work closely with in-house Dudek engineers to develop scheduling information (e.g., overall construction duration, phasing, and phase timing) and probable construction activities (e.g., construction equipment type and quantity, workers, and trucks) to estimate short-term construction emissions. Dudek will then evaluate the significance of the construction emissions based on the SCAQMD significance criteria. Dudek will also assess the project's potential to cause or contribute to exceedances of ambient air quality standards at sensitive receptors near the project activities using the SCAQMD's localized significance thresholds (LSTs). Considering the limited area where the aging pipelines are located, it is assumed that the disturbed area of construction would occur within five acres or less per day and the assessment will use the lookup table approach and the estimated construction emissions. A construction health risk assessment to evaluate the project's potential cancer and non -cancer health impacts of the project's construction is not included in the scope or budget due to the anticipated short-term nature of project construction. However, since sensitive receptors (e.g., residences) are within close proximity to anticipated construction activity, Dudek can provide a construction health risk assessment under a separate scope and budget to evaluate potential risk associated with all construction activities within the area. As the project involves the replacement of underwater pipelines, it is assumed it will not increase the operational criteria air pollutant emissions. Further, because the project will not generate a net increase in vehicle trips, it is assumed that project -related traffic would not generate substantial concentrations of criteria air pollutant emissions, specifically carbon monoxide "hot spots." As such, we will provide a brief description of the project Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 10 8-28 DUDEK background and purpose and provide a qualitative analysis of the project's potential to generate emissions that may adversely affect nearby sensitive receptors or result in a carbon monoxide hotspot impact. Accordingly, no operational health risk assessment will be included. Additionally, Dudek will qualitatively evaluate health effects of criteria air pollutant emissions within the MND. Additional Appendix G thresholds will also be evaluated including the potential for the project to result in other emissions such as odors or to impede attainment of the current SCAQMD air quality management plan. Details of the analysis will be included in an appendix to the MND. Task 6.2.5 Energy: Dudek will prepare an energy assessment for the project per Appendix G of the CEQA Guidelines. The analysis will summarize electricity, natural gas, and petroleum energy sources and the relevant regulatory framework. The project will be assessed with regard to construction energy consumption, which will be focused on petroleum consumption and estimated based on the same equipment and vehicle assumptions assumed in the air quality and GHG emissions analysis. Similar to the air quality and GHG emissions analysis, no operational energy consumption (e.g., electricity, natural gas, and petroleum) will be estimated as no operational activities are anticipated. Dudek will work with in-house engineers to provide a list of the proposed project's sustainable design and energy conservation measures prior to initiating air quality and GHG emissions modeling, as the energy analysis will be prepared consistent with the emissions modeling assumptions. Task 6.2.6 Geology, Soils and Paleontology: Sediments flowing from San Diego Creek and the Santa Ana River have formed the beaches, sandbars, and mudflats of Newport Bay. These lowland areas have been significantly modified during the last century to deepen channels for navigation and form habitable islands. Balboa Peninsula, a barrier beach that protects the bay, was once the site of extensive low sand dunes. The City is located in a seismically active area, with numerous active faults in the region capable of producing strong seismically induced ground motions, including the Newport -Inglewood Fault Zone, which runs along the shoreline and just offshore from the City of Newport. Severe ground shaking and associated ground failure (e.g., liquefaction, lateral spreading) could damage the pipelines. Using the soils investigation/geotechnical investigations for the proposed project, the Newport General Plan Safety Element, as well as other relevant published and unpublished information pertaining to the geology of the Newport Bay region, Dudek will prepare the geology section of the MND. The significance criteria will be based on the most recent CEQA thresholds. The project sites are situated in area underlain by Holocene (recent) estuarine and eolian (wind-blown) deposits mapped on the surface. As per CEQA guidelines, Dudek will complete a paleontological resources inventory and assessment. Dudek's qualified paleontologists will complete a paleontological records search through the Natural History Museum of Los Angeles County to determine the location of any previously recorded fossil discoveries within and nearby the project site. Dudek will also review geological maps and paleontological and geological literature, which along with the records search, will provide information necessary to determine the paleontological sensitivity of project sites. Direct costs for the records search are assumed to be no more than $500.00. Dudek will prepare a paleontological resources analysis to be included in the Geology and Soils section of the MND that will include all necessary information, including records search and map and literature review results, to provide recommendations for future management considerations or treatment. It is assumed that any existing geotechnica[ and paleontological resource reports will be provided to Dudek, if available. Task 6.2.7 Greenhouse Gas Emission: The greenhouse gas (GHG) emissions assessment will include a brief description of global climate change and a summary of key, applicable regulatory measures. Dudek will estimate the GHG emissions associated with construction of the project based on the same construction scenario utilized in the air quality analysis. Construction GHG emissions will be amortized per SCAQMD guidance. Consistent with Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 11 8-29 DUDEK the assumptions in the air quality analysis, after pipeline replacement is completed, no operational activities or associated GHG emissions are anticipated; therefore, Dudek will qualitatively evaluate the potential impacts of the project during operation. Details of the analysis will be included in an appendix to the MND. Dudek will assess the significance of the proposed project with respect to the Appendix G thresholds. At a local level, the City has not adopted a GHG reduction plan or Climate Action Plan. The SCAQMD GHG CEQA Significance Threshold Working Group has proposed options lead agencies can select from to screen thresholds of significance for GHG emissions in various projects; however, no thresholds have been formally adopted. An option is to use the screening threshold of 3,000 metric tons of carbon dioxide equivalent (MT CO2e) per year for all projects, which the City has applied in previous GHG analyses. Our budget assumes that a simple emission -based threshold can be used, such as the 3,000 MT CO2e per year threshold. In addition, Dudek will discuss how the proposed project complies with state regulations (Assembly Bill 32) and General Plan goals, objectives, and policies that help the City contribute to regional GHG reduction efforts. Dudek will also provide a qualitative post -2020 analysis that will evaluate whether or not the project -generated GHG emissions would impede the attainment of the 2030 and 2050 reduction goals identified in Senate Bill 32 and Executive Order S-3-05, respectively. In addition, the GHG analysis will qualitatively evaluate the potential for the project to conflict with the Southern California Association of Governments Regional Transportation Plan/Sustainable Communities Strategy and CARB's Scoping Plan; however, based on the short-term construction nature of the project, the majority of the GHG reduction measures would not apply. Task 6.2.8 Hazards and Hazardous Materials: Anchor QEA will be supporting Dudek in the analysis of hazards and hazardous materials. The hazards and hazardous materials analysis will include evaluation of potential impacts due to current or past hazardous materials/waste storage and/or use and identification of potential environmental concerns. Potential impacts due to current or past hazardous materials storage or use will be evaluated through the following tasks: • review of federal, state, and local regulatory agency records per Government Code Section 65962.5 for sites within and adjacent to the proposed project site, including the Regional Water Quality Control Board's GeoTracker website, DTSC's EnviroStor website, and California Environmental Protection Agency's Regulated Site Portal; • review of the available environmental site assessment/investigation/remediation reports and relevant regulatory documents for the project site and nearby sites that have impacted the project site; • review of the National Pipeline Mapping System for hazardous material pipelines; and • review of California Geologic Energy Management Division database. The hazards and hazardous materials analysis will also include evaluation of local safety plans, emergency response plans, and wildland fire zones; evaluation of potential impacts to nearby airports; and evaluation of potential impacts to nearby school sites. While Dudek will rely on findings from Anchor QEA's analysis of the sediments on the bay floor, if the findings indicate potential impacts related to hazards and hazardous wastes or materials, mitigation measures may include further work related to additional investigation, sampling, remediation, human health risk analyses and/or construction contingency measures outside the scope of this contract. 629 Hydrology and Water Quality: The Newport Bay Watershed covers 13.2 square miles. Urbanized and relatively low relief streams empty into Newport Bay. Surface water resources in the project area include freshwater wetlands, estuaries, tideland and submerged lands, and marine bays. The bay comprises many of the tidelands and submerged lands in the City. Usingthe findings of a project -specific marine water quality/turbidity impact Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 12 8-30 1�I�I�C1 assessment, the Newport General Plan Natural Resources Element, and relevant published and unpublished information pertaining to the hydrology and water quality of the Newport Bay region, Anchor QEA will be providing the analysis and CEQA document section. 6.2.10 Noise: Noise from subaqueous construction work and other project -related construction work could impact nearby noise -sensitive land uses, in particular nearby residences. As a component of the project's technical analyses and CEQA environmental document, Dudek will conduct a noise study of potential impacts to noise - sensitive land uses. The existing ambient noise environment will be characterized with a total of up to 6 noise measurements at noise -sensitive receiver locations adjacent to the 4 potential crossing locations. The noise survey will be conducted using a sound level meter classified as Type I or Type II by the American National Standards Institute (ANSI) and in accordance with ANSI protocol for community noise measurements. Potential construction noise impacts will be evaluated based on construction equipment data and noise modeling methods developed by the Federal Highway Administration (FHWA). Potential impacts from groundborne vibration during construction will also be addressed, using guidance and methodologies of the Federal Transit Administration (FTA) and the California Department of Transportation (Caltrans). The significance of construction noise and groundborne vibration will be assessed by comparing the noise levels with relevant City of Newport Beach, state, and federal thresholds. Noise from barge trips for offshore disposal will be assessed qualitatively. if significant impacts are predicted, mitigation measures will be proposed to reduce construction noise /vibration impacts to a less than significant level (such as temporary noise barriers during the noisiest phases of construction. The environmental noise baseline and regulatory setting, analysis methodologies, results of the noise and vibration analyses, findings of potential effects and mitigation measures will be summarized in the noise section of the project's MND. 6.2. 11 Transportation: The proposed project would replace six pipelines in the Newport Harbor. The proposed project would potentially impact surrounding motorized and non -motorized transportation facilities on a temporary basis, during the construction periods. However, no permanent impacts to surrounding transportation facilities are anticipated once construction is completed. At that time, all affected transportation facilities would be restored to pre -construction conditions. Dudek will conduct a traffic assessment for this project and provide its findings and mitigation measures (if any) in the Transportation section of the CEQA documents. This assessment will focus on project construction effects to the surrounding transportation network serving vehicles, bicyclists, pedestrians, and transit (if any). In addition, since the project would only generate temporary traffic during the construction period, and would likely be less than 110 daily trips at each pipeline location, the project would likely have a less than significant impact to vehicle miles traveled (VMT). As such, Dudek will prepare a qualitative analysis of VMT consistent with the City's transportation study guidelines, Senate Bill 743 (SB 743), and the recently revised CEQA guidelines. Dudek transportation staff will need construction operations information related to construction traffic volumes generated by workers and trucks; construction schedules for each phase of construction; location(s) of staging area(s); lane closures; and proposed detours. Trip generation forecasts will be prepared for the peak phase of construction (phase that would generate the highest volume of construction traffic) for a typical weekday over a 24-hour period, as well as for the commuter AM and PM peak hours. The trip generation forecasts will be based on the construction activities expected to occur during pipeline construction. All truck traffic will be converted to passenger car equivalents to provide conservative trip estimates. Additionally, general access issues along the extents of the affected roadways du ring the construction period will be addressed, including transit, pedestrian, and bicycle access, and vehicle access to adjacent parcels will be discussed. General provisions for implementation to mitigate potential access impacts may be recommended in the form of a Construction Traffic Management Plan or Traffic Control Plans. Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 13 8-31 DUDEK The methodologies, analysis, findings, and mitigation measures (if any) will be presented in the Transportation section of the CEQA document. The draft Transportation section will also include tabular, graphic, and appendix material. The section will be submitted to the City for review. If necessary, the section will be updated to address City comments and the updated section will be included in the CEQA document. Task 6.3 Develop Project Description We will work with city staff to review the plan of work and site plan to develop a project description for use in the IS/MND. Deliverables: • Draft detailed project description suitable for use in CEQA document (electronic submittal) • Final project description (electronic submittal) Task 6.4 Administrative Draft IS/MND Consistent with the CEQA Guidelines Appendix G Environmental Checklist, Dudek will prepare one administrative draft version of the IS/MND for review and comment by the City. The Administrative Draft IS/MND will identify potentially significant environmental impacts associated with the project and, if required, feasible mitigation measures recommended to reduce adverse impacts to less than significant. Environmental setting, impact analyses, and substantiating documentation will be provided to support all responses and conclusions, including the inclusion of concise tables and high-quality, full-color figures. All environmental impact areas outlined in Appendix G of the CEQA Guidelines will be discussed and analyzed. The findings of all technical studies prepared under Tasks 2 and 3 will be summarized and incorporated into the Administrative Draft IS/MND to support the significance determinations. Deliverables • Administrative Draft IS/MND (electronic copies) Task 6.5 Screencheck Draft IS/MND Following one round of review of and comment on the Administrative Draft IS/MND by staff, we will make one round of revisions, as required. It is our intent that these revisions will satisfactorily address all prior comments on the Administrative Draft IS/MND, and only minor editorial refinements and simple clarifications will be required. Following the revision of the Administrative Draft and incorporation of City comments, Dudek will produce a screencheck version ("page -turn" version) of the Draft 1S/MND for one final review prior to making the document publicly available. As such, it is assumed that this review will only be necessary to verify that all previous comments have been addressed to the satisfaction of the City, and no additional comments will be made. Deliverables • Screencheck Draft IS/MND and technical appendices (electronic copy) Task 6.6 Public Review Draft IS/MND Dudek will finalize the public review version of the Draft IS/MND and publicly distribute the Notice of Intent to the Orange County Clerk, responsible and trustee agencies, surrounding jurisdictions, and other interested parties pursuant to the distribution list prepared in collaboration with the City. It is assumed that very few hard copies of the Draft IS/MND will be necessary and that the MND will be posted on the City's website. For the purposes of Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 14 8-32 DUDEK this scope of work, it is assumed that the Draft IS/MND will need to be sent to the State Clearinghouse for distribution to and review by applicable state resource agencies. Deliverables • Draft IS/MND and technical appendices (electronic copy), in pdf for posting on the City's website • Notice of Intent and Notice of Completion (electronic copies) o Up to 300 copies of the Notice of Intent to surrounding property owners and interested parties; 10 copies of the Draft IS/MND for city council members and city staff Task 6.7 Final IS/MND Dudek will provide responses to all agency and public comments that raise substantive environmental issues associated with the Draft IS/MND. The responses will be thorough and will be provided as part of the Final IS/MND. Based on the nature of the project and the proximity to potential stakeholders, it is anticipated that up to 10 comments will be received by the City in relation to the project (note that a single comment letter may include several comments). If an irregular/unanticipated number of comments are received beyond the number identified herein, we will work with you to revise our scope of work. Dudek will prepare a mitigation monitoring and reporting program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures recommended in the IS/MND. This comprehensive MMRP will provide the City with a single source of reference to the full range of mitigation measures to be implemented to verify achievement of the impact avoidance envisioned in the IS/MND. For each measure or group of similar measures, the party or parties responsible for ensuring proper implementation will be identified, along with the timing and method of verification. The comment letters and responses, MMRP, preface, and (if applicable) a discussion of any minor edits made to the Draft IS/MND as a result of comments will constitute the Final IS/MND. Following one round of city review, we will finalize and mail the responses to comments to any agency who previously provided comments on the Draft IS/MND at the City's request since mailing written responses back to responders is not required for an MND. This task includes the 2021 CDFW filing fee of $2,480.25, which will increase in 2022. Deliverables • Final IS/MND and technical appendices (electronic copy) • Final IS/MND (10 bound hardcopies with technical appendices on flash drive or CD affixed to back cover) Task 6.7 Meetings and Hearings The Dudek CEQA project manager will participate in one project kickoff meeting to discuss the project and the overall CEQA process, identify any outstanding data needs, establish internal communication protocols, and refine the project schedule. In addition to the initial kickoff meeting, the Dudek CEQA project manager will prepare for and/or attend two additional team conference calls throughout the MND process. This task also includes time for the Dudek environmental project manager to oversee the IS/MND's budget, scheduling, and implementation, as well as organizing and overseeing preparation of the document. The project manager will be responsible for facilitating completion of each task order on time and within the contracted budget while verifying that the product meets the City's needs. The project manager will track the budget, schedule, and scope of work to facilitate efficient use of resources. Deliverables • Ongoing project management tasks Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 15 8-33 DUDEK • Preparation for and participate in one teleconference project kickoff meeting and two video conference calls with the team Task 7 Invironmental Permits Task 7.1 USACOE — Section 10 Permit Task 7.1.1 Pre -Construction Notification: Dudek will complete and submit a permit application (i.e. pre -construction notification) to the Corps requesting authorization under Nationwide Permit (NWP) 3 and/or 12 - Maintenance and Utility Line Activities (note NWP 12 is proposed to be replaced with a new NWP 58 in 2021). The permit application submitted to the Corps will contain necessary project information including the following: (1) project description; (2) a discussion of avoidance and minimization measures; (3) all associated figures and drawings (vicinity maps, project site map, cross-section, etc.); (4) copies of the aquatic resources permit applications submitted to other state and federal agencies, as required; (5) a summary of potential effects on federally -listed species and essential fish habitat; and (6) a summary of potential effects on historic or cultural resources. Task 7.1.2 Federal Biological Assessment Dudek will prepare a biological assessment (BA) for the project that addresses the site conditions and potential biological resources and provide mitigation measures as needed. If it is possible, through agency coordination, to amend an existing Biological Opinion, the BA will be written in a manner to facilitate the amendment process. The BA will evaluate the effects of the project on federally protected species, including any marine and terrestrial species potentially affected, along with federally designated critical habitat. In addition, this BA will determine whether any federally protected species or habitats are likely to be adversely affected by the project. Pursuant to Section 7 of the Endangered Species Act (ESA) and its implementing regulations (50 CFR § 402.01 et seq.), this BA will be prepared to support consultation (or amended consultation) between the U.S. Army Corps of Engineers (Corps; the lead federal agency for the project) and the U.S. Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration's (NOAA's) National Marines Fisheries Service (NMFS). Section 7 of the ESA ensures that through consultation federal actions are not likely to jeopardize the continued existence of any federally protected species or result in the destruction or adverse modification of critical habitat. This scope assumes that sufficient information regarding presence/absence and abundance of federally -listed species is available from existing data sources and prior consultations for bay dredging activities. Task 7.2 Section 408 Application Task 7.2.1. Dudek will consult with the Corps and compile project information required for Section 408 application. This is anticipated to include a focus on activities within the federal navigation channel including engineering plans/profiles. Dudek will compile a project description and mitigation measures relevant to navigation. Task 7.2.2 Permit Processing Support: Dudek will provide as -needed technical services to support the regulatory permitting efforts for the project. This task includes time for the following: (1) providing technical guidance to the project team regarding permitting requirements; (2) responding to as -needed requests for information/additional analysis from the regulatory agencies; (3) participation in conference calls/meetings; and (4) follow-up coordination with the agencies to facilitate processing of the applications/permits. Task 7.3 Santa Ana RWQCB — Section 401 Certification Task 7.3.1 Application for 401: Because of the need for a Corps permit for the project, Water Quality Certification pursuant to Section 401 of the federal Clean Water Act will be triggered. Dudek will prepare and submit a Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 16 8-34 DUDEK standard Water Quality Certification application to the RWQCB. The application will include a project description, discussion of potential impacts to waters of the State, avoidance and minimization measures, impacts analysis, discussion of beneficial uses, identification of pollutants of concern, Best Management Practices (BMPs) to minimize discharge of pollutants, evidence of CEQA compliance, appropriate figures (vicinity maps, project site map, construction drawings, etc.), and copies of the NWP application submitted to the Corps. Task 7.3.2 Permit Processing: Dudek will provide as -needed technical services to support the regulatory permitting efforts for the project. This task includes time for the following: (1) providing technical guidance to the project team regarding permitting requirements; (2) responding to as -needed requests for information/additional analysis from the regulatory agencies; (3) participation in conference calls/meetings; and (4) follow-up coordination with the agencies to facilitate processing of the applications/permits. Task 7.4 California Coastal Commission Coordination Task 7.4.1 CDPApplication: The City of Newport Beach Local Coastal Program (LCP) was certified by CCC in 2017, granting the City the authority to issue coastal development permits (CDPs). However, projects within the City's tidelands, submerged lands, and lands subject to the public trust are within CCC's original jurisdiction and require a CDP approved by CCC. In addition, local CDP decisions on projects along the shoreline (between the sea and the first public road paralleling the sea or 300 feet from the inland extent of any beach or the mean high tide line), lands within 100 feet of streams and wetlands, and land within 300 feet of the top of a coastal bluff are appealable to or by CCC. It appears that the proposed project may span both CCC's CDP jurisdiction and the City's CDP/CCC appeal jurisdictions. if the project does in fact cross jurisdictional boundaries, we recommend that the City pursue a consolidated CDP processed through CCC for the entire project, with the policies of Chapter 3 of the California Coastal Act as the standard of review, and the certified LCP used as guidance. Based on our experience, this consolidated CDP option is typically preferred by CCC because it is a more holistic, efficient approach, and is therefore the approach recommended and described in the tasks below. The other option is that the City could issue an appealable CDP for the portion of the project within the City's CDP jurisdiction and CCG could issue a separate CDP for the portion of the project within CCC's jurisdiction. Dudek coastal planners could support City staff through this option with tasks generally similar to those described below, but with slight modifications that may be subject to additional scope and budget. In addition, a Federal Consistency Certification (FCC) may be necessary from the CCC headquarters office because a federal agency permit may be necessary for this project for the offshore disposal of sediment. The standard of review for FCC review is also the Chapter 3 policies of the California Coastal Act. Dudek coastal planners will review project information provided by the City, including any available correspondence between CCC and the City, and other relevant documents such as past permits and documents. Dudek coastal planners will then participate in a kick-off meeting with City staff and the project team to discuss the project and anticipated CCC requirements. Dudek will coordinate with City and CCC staff to review the post -certification map and proposed project area boundaries to confirm the relevant CDP jurisdiction and determine the appropriate permitting procedures, including confirmation of the FCC process and submittal requirements. Dudek coastal planners will then evaluate the project's consistency with applicable Coastal Act/LCP policies to identify potential issues. During development of the project, we believe it will be particularly important to coordinate with CCC staff on the following Coastal Act/LCP topics: • Water Quality & Biological Resources: Newport Bay supports eelgrass beds and marine habitat suitable for supporting a variety of sensitive species and nesting birds. In addition, previous sediment sampling in the Bay indicates that some areas may contain varying levels of pollutants. The Coastal Act and the City's Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 17 8-35 DUDEK LCP require that marine resources and the biological productivity of coastal waters be maintained, enhanced, and where feasible, restored. While the purpose of the proposed project, replacing aging infrastructure to avoid inadvertent damage and release of contents into the Bay, is consistent with requirements to maintain water quality and biological productivity, the construction methods and any mitigation measures will need to be designed with the protection of coastal resources in mind. • Wetlands: Wetlands are protected by both the Coastal Act and the City's LCP and CCC will require that adverse impacts are adequately evaluated, including that the proposed project is a use permitted in wetlands, there are no less damaging alternatives, and all unavoidable impacts are mitigated. To ensure Coastal AcVLCP consistency, the project team will need to provide adequate information to enable CCC staff to make these findings. • Public Access and Recreation & Commercial and Recreational Boating: Newport Bay is used for a wide variety of recreational activities (e.g., diving, fishing, kayaking, paddle boarding, sailing, swimming, etc.) and is also the largest small craft harbor in the United States, serving both commercial and recreational boaters. How the proposed project maintains existing public access and recreational opportunities, as well as boating operations, during construction is a key topic to address through this effort. • Coastal hazards and sea level rise: The Coastal Act/LCP require that the proposed project be sited and designed to be safe from hazards, including sea level rise, over its anticipated lifespan. Based on this evaluation, Dudek coastal planners will prepare for and attend up to three meetings with City and CCC staff to discuss the proposed design and construction methodology, including the sea level rise/coastal hazard analysis, alternatives analysis, impact determinations, and any proposed mitigation. As appropriate, and based on CCC staff feedback, Dudek coastal planners will assist the City and project team to make project modifications to demonstrate the project's consistency with coastal resource protection policies. This coordination prior to preparation and submittal of the formal CDP application package will ensure a more complete application and minimize the additional requests during the CDP application review process. Dudek will coordinate with City and CCC staff throughout the CDP process. This task assumes that the City will request CCC to review and issue a consolidated CDP for the entire project (as described above). Dudek will assemble and submit the CDP application package, including completing the CCC CDP application form, compiling all required attachments, and preparing a submittal letter that summarizes environmental information and technical studies to demonstrate compliance with applicable policies. Task 7.4.2 Responses to CCC: Following CCC staff's first 30 -day review of the application submittal, Dudek coastal planners will review any requests for additional project information and provide recommendations to deem the application complete and prepare for decision -maker hearing. Because the project is located in an area with extensive public access facilities and biological resources, this scope assumes two 30 -day CCC incomplete letter/review cycles to thoroughly address potential impacts to coastal resources. Task 74.3 CCC Hearing/Presentation: After the CDP application is formally filed, Dudek will coordinate with CCC staff during development of the staff recommendation. Prior to the public CCC hearing on the CDP application, Dudek will review the final CCC staff report/recommendation and discuss the findings with the City. As needed, Dudek will support the City in preparing a presentation to address the staff recommendation and any specific special conditions. In addition, Dudek will attend the CCC hearing and be available to answer questions that come up during the hearing. Task 74.4 Compilation of Condition Compliance Materials: Assuming that CCC approves the CDP and the City is supportive of the approved conditions and wants to seek release of the permit, Dudek will help the City compile Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 18 8-36 DUDEK all of the materials needed to satisfy the special conditions of the permit. Dudek will coordinate with CCC staff, as necessary, to oversee issuance of the permit. Given the level of uncertainty that exists in matters involving the CCC, including unanticipated data needs and technical study following review of application materials and the level of support required at the public hearing, additional work authorization may be required and would be subject to separate scope and fees. Task 8 Pipeline Design — BC -01, BC -02, BC -06 and FM -01 Task 8.1 50% Design Package Tusk 8.1.1 Improvement Plans. Dudek will prepare the 50% design improvement plans for submittal and review by the City. Improvement plans will include title sheet, note sheet(s), and plan/profile sheets for each crossing. Profiles, if included at this submittal, will be preliminary. Connection details will be partially completed at this submittal stage. Task 8.1.2 Special Provisions: Dudek will review existing City special provisions and make recommended additions/revisions as appropriate to the uniqueness of the construction project. Task 8.1.3TechnicalSpecifications: A list of anticipated technical specifications will be included as part of this submittal package. Task8.1.4CostEstimate: A Class 2 construction cost estimate will be prepared. Task 8.2 90% Design Package Tusk 8.2.1 Improvement Plans: Dudek will prepare the 90% design improvement plans for submittal and review by the City. Improvement plans will include all sheets, including title sheet, note sheet(s), plan/profile sheets for each crossing and connection details. City comments from the 50% submittal review will be incorporated. Task8.2.2Special Provisions: Recommended additions/revisions will be submitted to existing City special provisions. Task 8.2.3 Technical Specicutions: Complete technical specifications will be included based on the accepted list of specifications from the 50% submittal. Task 8.2.4 Cost Estimate: A Class 1 construction cost estimate will be prepared. Task 8.3 1001/o Design Package Task8.3.1 Imp rovemen t Plans: Dudek will prepare the 100% design improvement plan set addressing City comments from 90% review. Task 8.3.2 Special Provisions: Dudek will prepare the 100% design special provisions package addressing City comments from 90% review. Task 8.3.3 Technical Specifications: Dudek will prepare the 100% design technical specifications package addressing City comments from 90% review. Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 19 8-37 DUDEK Task 8.3.4 Cost Estimate: A Class 1 construction cost estimate will be prepared. Task 8.4 Temporary and Permanent Easements: Plat and legal descriptions will be prepared (three (3) permanent easements, three (3) temporary construction easements). Deliverables: • 50%, 90%, and 100% Improvement PS&E Package Submittals (electronic submittal) • Easement Plat and Legal Descriptions (6 total) Task 9 Pipeline Design — BC -09 Task 9.1 501/o Design Package Task 9.1.2 Improvement Plans: Dudek will prepare the 50% design improvement pians for submittal and review by the City. Improvement plans will include title sheet, note sheet(s), and plan/profile sheets. Profiles, if included at this submittal, will be preliminary. Connection details will be partially completed at this submittal stage. Tusk 9.1.2 Special Provisions: Dudek will review existing City special provisions and make recommended additions/revisions as appropriate to the uniqueness of the construction project. Task 9.1.3 Technical Specifications: A list of anticipated technical specifications will be included as part of this submittal package. Tusk 9.1.4 Cost Estimate: A Class 2 construction cost estimate will be prepared. Task 9.2 901/o Design Package Task 9.2.1 Improvement Plans: Dudek will prepare the 90% design improvement plans for submittal and review by the City. Improvement plans will include all sheets, including title sheet, note sheet(s), plan/profile sheets for each crossing and connection details. City comments from the 50% submittal review will be incorporated. Task 9.2.2 Special Provisions: Recommended additions/revisions will be submitted to existing City special provisions. Task 9.2.3 Technical Specifications: Complete technical specifications will be included based on the accepted list of specifications from the 50% submittal. Task 9.2.4 Cost Estimate: A Class 1 construction cost estimate will be prepared. Task 9.3 1000/c Design Package Tusk 9.3.1 Improvement Plans: Dudek will prepare the 100% design improvement plan set addressing City comments from 90% review. Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous {replacement Project Page 20 DUDEK Task 9.3.2 Special Provisions: Dudek will prepare the 1001/c design special provisions package addressing City comments from 90% review. Task 9.3.3 Technical Specifications: Dudek will prepare the 100% design technical specifications package addressing City comments from 90% review. Task 9.3.4 CostEstimate: A Class 1 construction cost estimate will be prepared. Task 9.4 Temporary and Permanent Easements: Plat and legal descriptions will be prepared (three (3) permanent easements, two (2) temporary construction easements) Deliverables: • 50%, 90%, and 100% Improvement PS&E Package Submittals (electronic submittal) • Easement Plat and Legal Descriptions (5 total) Task 10 Final Design Task 10.1 Task Final Design Package Tusk 10.1.1 Final PS&EPackage: It is anticipated that 100% design of all crossings will be completed prior to final acceptance of the project MND and final environmental permitting/coastal commission review. This task will incorporate any changes, additions, deletions that arise from the above environmental and permitting phases of the project. Level of effort is estimated as actual requirements are not known at this time. Task 10.2 Construction Phasing and Impact Plan Dudek will prepare a complete project construction phasing plan and impact plan summarizing the anticipated order of work, the extent of timing of public impacts at each crossing, and summary of the included environmental mitigation measures. The plan shall include impacts to harbor and boating activities and how these impacts can be minimized. The phasing plan shall be color -coded and show length of time and work hours for each phase. Deliverables: • Final signed and stamped Improvement PS&E Package (electronic and hardcopy submittal) • Construction Phasing and Impact Plan Task 11 Bidding and Construction Support Services Task 11.1 Bid Support Services: Dudek will prepare bid addendums (up to 2), revise final construction drawings and specifications during the bidding process and resolve any discrepancies. Task 11.2 Pre -Construction Meetings and Support: Dudek will attend the pre -construction meeting and provide a description of the project and be available to respond to questions. Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 21 8-39 DUDEK Task 11.3 Shop Drawing Review (up to 40 total): Dudek will provide review and response to up to 40 submittals ("resubmittals" count against total of 40 submittals). Submittal responses will be returned within 10 days following receipt. Task 11.4 RFI Support (up to 10 total) Dudek will provide responses to up to 10 requests for information (RFIs). Reponses will be returned within 5 days following receipt of RFI. Task 11.5 Additional Support and Guidance as needed Dudek will provide additional support within provided level of effort of task, or greater if budget allows. Task 11.6 Preparation of As -Built Drawings: Upon completion of construction, Dudek will prepare as -built drawings based on Contractor mark-ups. As -built drawings shall be submitted in AutoCAD and Adobe (PDF) format. Mylar hard copies will not be required. Deliverables: • Final Record Drawings (electronic submittal) Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 22 EXHIBIT B SCHEDULE OF BILLING RATES DUDEK Page B-1 8-41 Fee Estimate libit "B" The following Table 1 provides a summary of the project tasks, Dudek labor hours per task, subconsultant fees, OCDs, and total fee estimate for the project. Table 1: Fee Estimate Summary Task Project Management 266 $ 67,150 $ 150 5 53,840 S 13,460 S 67,300 Task 2 Aerial and Feld Survey 74 $ 14,530 $ 65,931 S 59,041 S 21,420 S 80,461 Task Mapping, utility Research and GOateGh 208 $ 41,720 $ 29,800 S 100.100 $ 60,379 S 300 $ 192,239 6 48,060 $ 240,299 Ta5k4 EIC -09 Preliminary Des igrl Report 125 $ 27,405 $ - $ 27,405 5 27,405 Task 5 FM -01 Preliminary Design Report 108 S 23,540 S 23,540 S - 5 23,540 Task Mitigated Negative Declaration 925 $ 139,225 S 8,6$5 S 6,372 $ 123,378 $ 30,844 S 154,222 Task 7 Environmental Permitting 950 $ 148,700 S 57,016 S 890 S 165,285 S 41,321 $ 206,606 Task 8 100%0esign-BC-01, BC -02, BC -06, FM -01 741 $ 147,585 S 16,000 $ 23,100 $ 186,685 S - S 186,685 Task 9 1 00%Design - BC -09 653 S 130,945 S 19,250 $ S 150,195 $ 150.195 Task 10 Final Design 116 $ 25,860 S 20,688 $ 5,172 S 25,860 Task i1 Construction Support Services 226 S 51,410 S 8,250 S 300 S 47,968 S 11,992 S 59,960 The following pages provide detail of each task, subtasks, labor hours by each team Dudek team member, and associated fee estimate per sub task. Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 23 ZA task 1 rr9lRirltlrltall-, I.I 16.kif and Meetings 2 40 40 20 12 sub caisuElard ManagementlGC Review 16 6 13 Project ManeO.—I 4 64 40 09btoW Task1 T•ak 3 Aanai antl Halo 6uryry 2 i BC41, 80,02. and BC -O6 Land Surveying 2 4 16 2.2 FM -01 Avid Surveying 4 23 BG49 Aenal Surveying a suhtatal 7ask2 Talk 7 ea.e Mapping. 0bldy Rafean.h and GwUcnniut 3.1 R,,oids Rnearch 16 24 40 3.2 Utihty Research and Coordinabvn 4 16 3.3 Bane Mapping. Site Ybil, Pagiuling 001 4 4 4 3.4 Geotad-oal lnvestdat. 4 4 sublvtal Task3,- T204 9C41a Fralllalnary Daalgn 1lapert 41 Alignment Alteinalive Analy— >, a 42 C-M—bon Ahcrnatives 1 _ 43 C—n cban R.—O and Caeemm:le !1 2d B 4 4 Pie --r C�es•gn ReGart 11� 10 F2 6ubtolal Tash 4 _ usk It Faa•OS Preliminary Oasign kepart 5.1 Alignment Miernul,v, Analy— 2 6 6 52 Connevhvn Ro-eearch and Ede4menlr. 4 V 6 6ab1eW T4a4 5 _ Tusk9 Mi6gatad hagakra Osclerahon 6.1 Pl Olftl Ihihaheii and Scoping 6 6 6.2 Biological. C.11-1 and Geolcen Analoii 6,21 Bidogkd Re4o.—, EOgnhu Mingabon Pb, 6,2,2 Culauai and Hbv—dResov- 6,23 Aeclh,ih. 6.7,4 Art qualify 6.2.5 Envgy 6.7.6 Geolatly Sods end pal—toiogy 62 7 Greenhouse Gas E.,-- mrsym62a 62a Halarde -6 H.--, Min—j4 62.9 Hydrology and Water Oualdy 62.10 N-- aiae62.11 62 11 Transponahon 6.3 Deeelop Pnalect D—gbon 64 Admin Draft ISrMNb 6 5 S—,check Draft 1S1114ND 66 Poblrc Reviaw Drah IS/MND 6.7 Find ISAIND 6 6 I.irehnge and Hearings 6ubtclat Task6 _ T3ak7 Bnnnm nenW Pormltbng 7.1 US Amy Cidlps ar Engnaera 7.1.1 sedbon 10 Naln,,,de Permil Pie -Construction No6bcabon 7,1.2 Section 78mloocol Assessment 7.2 W— 408 ApgcNnn 7,2.1 Section 406 Appl..Don 7,2.2 Pvmit Frnc4aaing Suopon 7,3 NAM* Ana NOOMl wear UdQWY UMW dd"-baP4Md 101 Carfdicdfka 7,31 Application 1v 401 Watu Gud•fy Certification 7.1.2 P—t Proc 9 sullPon 7.4 Costal Co—A- 7.4.1 CCC Cocrdnahen 7,4,2 Responses to CCC 7.4.3 CCC HeanngrPoeaenlahon 74 4 Compdabon el Condhcn Compkaze Matedds suklalal Task 7 City of Newport Beach Bay Crossing Water Transmission Mains and Sewer Forcemain Replacement Project. Proiect Fee Estimate I6 1z 12 24 40 24 I1 12 4 Iff 16 40 B rr 12 24 76 12 8 4 12 6 60 10 e e 12 24 36 64 12 24 36 12 B 4 36 64 Table 1 of 4 16 24 107 54 26 132 12 12 40 M 40 B 32 24 19 17 24 17 42 12 35 5 21 5 32 11 27 5 12 1 20 40 4 t B 16 20 12 a s 4 4 20 8 la- til 1S rb 16 „ 1. t, ?0 DLIDLN 8-43 City of Newport Beach Bay Crossing Water Transmission Mains and Sewer Forcemain Replacement Project. Proiect Fee Estimate ask 8 — ueupo - Iii Ii agi ri 3,1 50% oesiyn Package n 1.1 ('qr.--I plans a 24 40 24 34 209 8.1.2 Spma1 Prarlsrons 1 4 8 8.13 Tecnnicd Specifictwns 4 8 4 8.1 4 CW Estimate 1 2 4 B 8,2 90% Deergn Pwkeye 8.2.1 hnp—i-ovnl Rare 4 20 32 12 12 ao 82 2 Spam] NOV.— 4 4 8,2.3 TernnKd SpecduaAons 2 12 24 40 8 8.2.4 Cast Esbmsle 1 2 4 4 8.3 100% Dever papka9e 8.3.1 Improvement Plans 2 2 12 20 12 40 8,3.3 Special P—uans 2 4 8.3.3 Technicel 5pacifeahana a 16 4 8.3.4 Coat Eurn to 2 4 8.4 Temporary and Permanent E—,c—s 161 4 4 Subtotal Task vL _e rS_ ,4 4u{ I: uY• 100%DM111R•BW7 Ii 50%Deeigl pxkage 9,1,1 Improvement Plana 4 24 40 24 24 160 9.1.2 Specie] Plavruone 1 4 8 9.1.3 Technrcel SpeofirNare. 4 8 4 g.1,4 Cost Ps4male 1 2 4 2 9,2 90%Genii Packed 9.2.1 Improvement Plene 4 20 32 12 12 48 0,2,2 Special Preei— 4 4 9.2.3 Technical Speuficehorra 2 12 12 20 8 9.2,4 Cost E.Inra. t 2 4 4 9.3 100%D—gn Package 9,3.1 Imlaueemenl Plans 2 2 12 16 t2 40 9.3.2 3—el Pr--- 2 4 0.3,3 Techgi si—ficat— 8 Is s. 3,a Casl Estimate 2 4 4 0,4 Temporary end Parmanml Fasemen1a 15) 4 4 Subtotal Task 16 ah hid 76 1010 Flned Design t01 irnal Wiwi Packapa no I 1 —N LJesiy- Yacka9a 4 20 20 20 10.2 C-nsnuction Phasing and lmpecl Plan 8 20 16 8 Sublatsl Task 10 12 ec 76 a _u ak if Gnnetruetim support Sermon 11.1 Bid Support 5—cea 8 20 11,2 Preconbuchon Meeting 4 4 11.7 Shap 01-90Subrni 1401 20 40 11.4 Hft R-iea sed Qi,soel 4 18 11,5 Addikonal Supp OA and Guidance 20 20 11.8 As-f1u41 Drawln0 2 4 24 ;p sublptd Task 11 3b c, %, .r. Table 2 of 4 8-44 1,1 Kickoff and Meeting. 6,648 5 24 5 6,200 12 Sub ca.sullant Mana0emen0OC R.,- eview1.3 27.860 $20,800 1 5 1 3 Project Management 38 S 7.759 $35.131 10 S 2,960 B ubtatal Task 1 20 5 33.9 Task i lana and Head allMay U, 920 :1,4:c L 55 $ 2 SC -01, SC -02. and BC -08 Lana Surveying 121 3 :u4 F 3 i 2,2 FM -01 Antal SbN".ng 24,209 S 22 $ AM 2 3 BC -09 Aenal 5u ey ng 12 440 3,952 S u_r 4 S 575 S Su btatal Task 2 17,740 Tnk3 ossa Mapping,U hhty R near.. an C Geplacilni.at 1,204 S 78 S } t R,cuids RNsu�r[h 61 5 7.426 5 3,2 Wily Research and Coardinaten S 27 5 4,040 3.3 Base Mapping. Sri. Meet. Pothohng 1101 7,820 6 424 3 33 S 3.4 Geeteau.cA lnreahganon 26 S 5.355 1 S 166 5ebta lTek 3 63 S 9,660 Tai IC -M preliminary Oaslgn Raparl 50.530 515 $ 32 S 4.I Alignment Alternai Analysis 55 $ 0.870 1,668 S 42 Cmnahuctimn Amm,alwe¢ 3,95' 955 S 24 $ 2.660 4.3 Cm,neceen Aeaear.h and E4sament4 5,200 70 S 4 4 Preliminary Cayg Report 3 11,984 3 S - Subtotal Task4 06 S 13.720 Tasks FM -at Pr641mSnefy ch.ldn Raperl KOM 6.561 S 36 5 5.1 Alignment Alia ,alna Analyse 100 S 20,340 $12.120 5.2 Connection Research and Ea.ememe - - Pr,a,mnar, n�•.o, Rep_n Subt.W Task 5 TaskO Mthgalea Na9atlra 0sclalaban 6.1 Pr.lcct In�ba!:an ��nJ S�ap:ny 12 24 12 6.2 B�e4Vest, Cullurel and Geplach Anelyais 6.2.1 Bid4p 1 Rnamuices • Eelgrus Mibgahon Paan a 8 4 6.2.2 Cuitural asd Hista­'d Resources 4 6.2.3 Ae oh.i 6 6.2.4 Air Ouabty 6,25 Energy 6.2,6 Geology- Sala and Pal.-M.gy 2 6 2 7 "eennouae ,ae Em�ay.n 6 2 8 Haearab end H.ii sari Malanala 5 a 3 629 hydrology and Water Quaky 6.2.16 Naiee 2 11 Tranapana8an 50 4 6 3 peyelmp Pralecf Oesenpvo B 6.4 Admei Dia8157MNO 3 12 a 65 5ueen.heck DWI ISIMNA 2 a 6 69 P. Review Nell:lSfMNp B 8 a.7 Final I57MNp k 8 8.8 Heeling. and Revmgs auktoW Tasks 50 48 as ss Task Enyineomeni PermllLny 7.1 US Army Carps a7 Engraver. 7,7,1 Section to Nei Permit Ple-C... huchmn NmtiScali0n 7.1.2 5edion 7 Bidagi.sl Asaessmenl 72Seci 409AppYancer 7.2 .1 Seebun 408 Appkeakon 7.2.2 Permit N, wing SYPi 7.4 M. Me Reg10nel Woe, Quality 1b.27c 11"m- Savobr, 401 CMAcellon 7.3.1 Application far 401 Wale, Cualily Cenihcalimn 7.3.2 Permit Prc 9 Support 7.4G .lalLwmeuial 7.4 ,1 CCC Ceerdinatl6n 7.4,2 RM- to CCC 7.43 CGL Hea.nq�Pre4enlabo. 74 s Co.pilei mf [on4tan eomam.ce Matenals 9ubl.tal Tae k 7 City of Newport Beach Say Crossing Water Transmission Mains and Sewer Forcemain Replacement Project. 134 S 33,090 6,648 5 24 5 6,200 1.249 S 106 S 27.860 $20,800 1 5 7,040 $108,100 38 S 7.759 $35.131 10 S 2,960 $13,260 20 5 33.9 517.660 32 $ U, 920 :1,4:c L 104 $ 21 460 6,648 5 50 $ 11.140 1.249 S 36 S 7."0 $20,800 1 5 7,040 $108,100 S 41.-:v S 2y, 400 S 10a. Ica f 30 $ 0,710 S 7 735 21.420 S 32 $ U, 920 :1,4:c L 55 $ 12.440 4.296 $ 121 3 :u4 F 3 i 30 S 6,310 24,209 S 22 $ AM 1,492 3 58 5 12 440 3,952 S u_r 4 S 575 S 120 S 17,740 157 S 25,020 1,204 S 78 S 8960 4.284 5 61 5 7.426 5 41 5 7,460 S 27 5 4,040 1,946 S 45 S 7,820 6 424 3 33 S 6,020 S 26 S 5.355 1 S 166 $8,625 63 S 9,660 3,492 S 67 S 50.530 515 $ 32 S 4,720 3 55 $ 0.870 1,668 S 30 S 1.79 3,95' 955 S 24 $ 2.660 44 S 5,200 70 S a.9p0 4,037 5 3 11,984 3 S - S 06 S 13.720 56,464 164 3 KOM 6.561 S 36 5 7,250 $4,9411 100 S 20,340 $12.120 S 150 5 26,592 5 6,648 5 $ 4,960 5 1.249 S S 22,286 S 5.572 5 S h� "40 f I,. -. 3 S 42,e8t S S 16,180 S 14.192 3 S 21.420 S 4 S e`,.•4, :1,4:c L 1 17,184 $ 4.296 $ 560,379 S 57,215 $ 14,304 E S 200 S 29948 $ 7,412 S S 100 S 88,192 S 72.048 5 i t0.J;tl 3 36L S �5.:3i 3 4.5 ,060 S E 6,310 E E 1,735 E S 0.920 S $ 12,440 S 1. 42 361 16,150 21 420 e 3 361 21,480 71,519 37,060 110,240 740 les 6 310 1,735 6 520 12.440 6,310 4 790 12 440 17,740 25,020 10040 7,420 ?.460 4,940 8,395 6.020 5.355 8.785 9,730 10,530 4.720 6.876 4.365 3,536 8,341 4,955 554.: 20.164 14,880 12,108 32 805 95 s 5 5.316 S 16.147 3 5 4790 3 20.340 S 12.440 5 1 S I , S j., F 3 14.192 3 3,546 S 1 20.016 S 5,064 S S 1,360 S 6,032 1 2008, S 212 S S 5,939 S 1,464 S 24,209 S $ 5,968 S 1,492 3 1,559 5 3,952 S 988 S S 575 S 6,716 S 1,879 S 5 4,E16 3 1,204 S 7,360 S 4.284 5 1-071 S ... S 5 7.028 S 1,757 5 S 70 5 7.764 S 1,946 S S 6 424 3 2.106 5 S 3176 S 944 S 1 5496 S 1,374 S $ 575 $ 3,492 S 873 3 S 515 $ 232E S 707 S 3 3,141 1 6673 S 1,668 S S 111 3,95' 955 S 991 S .43,31E S S 18,141 S 4,037 5 3 11,984 3 2,976 S S 9686 1 2.422 $ 5 345 S 26,244 S 6.561 S 1. 42 361 16,150 21 420 e 3 361 21,480 71,519 37,060 110,240 740 les 6 310 1,735 6 520 12.440 6,310 4 790 12 440 17,740 25,020 10040 7,420 ?.460 4,940 8,395 6.020 5.355 8.785 9,730 10,530 4.720 6.876 4.365 3,536 8,341 4,955 554.: 20.164 14,880 12,108 32 805 95 s 13,720 34.404 S 16.147 3 4.037 $ 20.184 100 $ 20.340 512,120 $ 345 $ 26.244 S 6,561 S 32,805 S - 142 S 19,260 $15,000 5 200 $ 27,568 S 6,892 S 34,460 212 S 30,260 $ 24,209 S 6,052 S 30,260 12 3 1,559 S 1,248 $ 312 S 1,560 52 S 7,360 S 5688 S 1,472 S 7,360 a... i - S , ,.r a - ... S 1 I,,- $ L a 1 ',iDE 6C3 Table 3 of 4 EMOE k 8-45 City at Newport Beach Bay Crossing Water Transmission Mains and Sewer FGrcemaln Replacement Project. 8,1 50%Design Package b _ 8.1.1 Improvement Plane 376 $ 80.149 1800: S 68 140 S 68,140 8.1.2 Special Prov'ivens 13 2.965 5 2,985 5 2965 8.1.3 Technical Speahcabms 1 S 3,570 5 3,520 Cod feign<e ISs 5 3.175 3 J52:7 6.2 5.2 9015 Deign Picka9e 5 3,175 3 3,171 81,1 Improvement Plain 140 S 28140 S2 Q00 30,140 S 10,140 811 SO -A P -1-1S 9 5 1,840 f o S 1,840 8,7 3 nnMd TecSpecdicafions 86 f 17,830 56,000 S 23,833.a30 3 23,830 8,2,4 C.et Eomale 11 5 2,395 3 7.395 S 2,395 8.3 wr 100% Dgn Package 8.3,1 Improvement Plane 88 5 17.660 S 17,68Q b 17.660 8.3.2 Special Prbveyons 6 5 1,350 8.3.3 T.chmcd Specrficaevns 28 S 5 746 S 1,354 S 1.350 8.34 Goat EstO,m. S 5.744 S 5 740 6 S 1,270 S 1,270 S 1.270 84 Temporary and Permanent Easemenle 167 8 S 1,586 523,100 S 24,680 S 21,660 eubtelel Task 741 E 1v,eat S 1 16, n4i� y ;3, Idil S 6 - 1 1xp,4b5 1 S 1119,e85 ukg 1007kotllgn -gcAs 9.1 50% Design Package 911 Improvement pians 276 f 53,149 9.1.2 Special Plow - S 53.140 S 53.140 9.1.3 Techlvcal SP -1-1.00e 13 S 2,985 S 3.960 S 2.065 9.1 d Eselnate ie 3 3.520 3 3 $ 3,520 91 90% 90% Daugn Pack4q. 15 3 7,175 $ 3,173.175 $ 3,175 9.21 Imprrhemenl Plena 128 $ 28040 9.2.2 Speed Pr.Ylaone S 28.640 $ 76.040 9.2.3 Techr lSpepJcari a S 1,840 f 1,850 $ 1.840 924 c.eS Eakmele 54 S 11150 s 11,150 $ 11,150 9.3 100% Design Package 11 $ 2,300 s zags S 2.J95 231 Imprmement Plena ✓N S 18,880 93.7 special Prov -e 8 S 1.350 3 18800 3 7,800 9.3 3 Teshnieel SPecdic.t e S 1,350 3 1 1,350 9.3.4 Cost Esbmale 28 S 5.740 S 5,740 S 5,740 Temporary Permmtent Eesemenls 8 $ 1.270 S 1,270 S 1,770 9.4 and 151 5 S 1.560 $19,250 S 20,810 5 20,810 uk 1Q Melllasi9n 9PbtoW Teek9 1. y "'- 10,1 Find 0-" Peckige 10.1,1 find U-I"Pacvage 54 S 13,700 10.2 Conetruclwn Phasing and Impact Plan f It 008 f 2.752 5 13,760 52 3 12,100 3 9.680 5 2,420 S 12,100 60blotsl Task 10 - I. :'5.teb 5 1 S { 3 f 7Mbe f E,1!_ S :55iu dk 11 eanetrvapan guppert l7irsfea 11.1 gid 5uppx S-ce9 28 S 7,020 S 100 S 5,696 $ S;425 S 7.120 11,2 Preconabu.bon Meeting 8 S 2,040 51,100 S 100 S 2,592 5 648 5 3,240 11,3 Sh.p [AaalnOarsugmidd9(40) 60 S 13,300 $2.750 $ 11,4 HFI HeV1aW a0d U0,dance 20 S 4,980 13,000 3 1250 5 10250 11,5 Addbmd S.Ppon and Gordano 40 3 10,200 $4,409 S $ S 9,380 n e Ae•8mM OraMtnge 3 1.564 6, I6Q S 2041 2Dd0 S 10,200 - S4bteW Tisk 11� 70 4h S E 13.670 6TJ1e 5 7 5,:11 y 6 S i 100 S 4r'i 1 17 018 S +:,335 S 2754 S II,yS. f 13,770 55,ee� Tab{e 4 of 4 u I ILA I, 8-46 E/ Schedde The following project schedule includes a detailed list of tasks required t0 Complete the scope of work based on the City's proposed schedule. bask Name Dwatron I:,I :ori ':o:t ImN l:aas 1 Naha le P—eed g days 415 Task 1 Project k9anap—M lacca ya Task 2 aerial and Feld survey 35 days 2.1 BC -01. HG 02, and SC -06 Land S.,.eymg 25 days 21 Fk401 Aerial S.-rM 35 days 2.3 SC -09 Aerial Surveying 35 days I Task S Ba.e Mapping, Uhllty Reseach and Gee 95days 7.1 Rauxd. Research 2Ddays 31 Utday, Resax nand Loormreroon 60 days kkI , 3.3 Bate Matto". Ste V.sa. Pdhasnq 1105 Fi0 days I = - 3 a r hn tai ImeLlpatrorl 40 days T_ Task 4 BC -09 Prallm+nary 13ssl9n Raven 45 days 4.1 Algnment ADem "anaryvd 10 days 4 2 Conmucaorl ABematne 5 days I h 4 3 Ce ­van van Resnurch and Esser u 15 days 4 4 Prokmnlary Design Report 15 days Teak S FM -01 Prahminary Design Rapert 25 days I ri 5 1 al.grannt A11pmsnsy AnwW, S days 5 2 Crow wn Rawa" and Eas n*ne4 10 days 5 3 Prehnmay Deslgrl Rupert 10 dais Task 6 Mlligoted NegaBm Deciar4Len 375 d aYa I ' 6.1 ProNct Iranapm and Swp g :0 days 61 BtelegkAL Cu0urel and Geoteeh Anatysls' 80 days B 2.1 Bio Resoracos - Eelgrass Atig.1- Pion 60 days _ 6,2.2 C.14pnl and Hislmcal Re9e S 40 days 623 Aessnotlrs 25 days 82 4 ar nerdy 25 days fi Is Erwrgy 10 days 6 2.6 Geekygy. Sods and PNOWtology 25 days 0 2.T 0reenrlouse Gas Ernn, a 10 days 623 Hazards ane H.4..wes Matertr. 40 drys 6 S 9 Hydrin" and W ami Oraidy 10 days 02.10 Noise 15 days 0211 Transportation 10 days `r 0 3 Oe vbp Propci Da—ph- 15 days 1 8 4 Ad— DrISrMN4 ell 80 days T 6.5 scr a Kheia Dra11 I&k1NO 60 days 6,6 Public R --pearl ISIAD 40 days 6.7 F.W ISIVID 10 days 6 B Medw`as and Heanrgs 30 days Task 7 E-1—mental P.rrnmrnq 405 days T.s US A.my Cares 0117-glaeen 235 days 73 Secdan 403 AppNcatlort 110 days 73 Sada A— RyVGCS • Sacha. 40t C.ruhcallon 130 days —1 7,4 Costal COrranisslon 405 days Task 0100%Desgn-BGOi BP@. BC -06. FMQI 130 days 0,150%Dsslgn Aackag. 60 days 6.1,1 rngie ,t Pati. 45 days 0-1,2 Soeclai Prevision, 10 days S. 1.3 Ted wal Speofication. 5 days 6.1.4 Cost Esmnata 15 days Submit 50% Design ME 0days 3190% Design Package s0days rl a.3 00% Design Packego 20 days h 0 4 Tempcm yand Pe nannnl Easement. 15 days Submit IOD%Design PSRE 0days 3/25 Task 9 $N%Deei9n • BC419 135 days 9.1 60% Design Package 55 days r-7 9.1 1 lmprov0menl plms 45 days 9 1 2 Spear Ronlale 1D days 91 3 T.0 --d r 6caEenl 5 days 9.1 a Cost Estenale 5 days submit 50% PW (BC -09) 0 days T 1/14 :190% Design les -k-9. 50 days 93100%0-* Package 55 days I rl 9.4 Temp-" -1Perm 11 Easement'. lDdays sub Fi IDD..Ign (BC 09) days Task f0 Final Design 2 26 days 10.1 Final Design Package 20 days 1D.1.1 Frrr Desw Package l0 days { 10.2 ConHnwtim Phasing and trpscl Plan 10 days +1 Submit Final Design PS&E 0 drys 4121 Task 11 ccn buclien Support Sanices 6D days 111 DUDEK Bay Crossing Water Transmission Mains and Sewer Farce Main Subaqueous Replacement Project Page 28 8-47 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this DUDEK Page C-1 8-48 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: DUDEK Page C-2 8.49 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher DUDEK Page C-3 8-50 limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. DUDEK Page C-4 8-51