HomeMy WebLinkAboutC-8487-2 - PSA for Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Designt
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7 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 00/100
($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
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reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated 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
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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
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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.
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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
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
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 seq., 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
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
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.
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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
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
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date:_ b 11.242 a I Date:
By: J By:
_ A 4 �-e=
on C. Harp Br ery
C Attorney Mayor
ATTEST -CONSULTANT: DUDEK, a California
Date: corporation
Date:
Leilani r. 1:r(Ydnl
City Clerk
}
r
Q/FOFt%
Signed in Counterpart
Joseph Monaco
Chief Executive Officer
Date:
Signed in Counterpart
Christine Moore
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
DUDEK Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date:_/Date:
By: J By:
on C. Harp Brad Avery
Cn Attorney Mayor
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CONSULTANT: DUDEK, a California
corporation
Date:
By: '�_p
Jo Monaco
Chief Executive Officer
Date:zillgIzi
By: ��iL'I,� Q�liu /� a Lel
Christine Moore
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
DUDEK Page 13
EXHIBIT A
SCOPE OF SERVICES
DUDEK Page A-1
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
A 926 15
50 262E
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 , ,
Russ Bergholz, Pff,-Pmv Bob hllund, PE
Principal Engineer/ Project Manager Vice President
Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project Page 1
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.
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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 Aerial 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.
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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 Geotechnical
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
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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
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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/plan 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 S 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
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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 Biological 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)
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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 1600-1603 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.
Eelgrass Mitigation Plan: 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.
Task 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
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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
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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 6.2.4AirQuality: 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
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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 6.2.5Energy: 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 geotechnical and paleontological resource reports will be provided to Dudek, if available.
Task 6.2.7GreenhouseGasEmission: 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
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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.
6.2.9 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. Using the findings of a project -specific marine water quality/turbidity impact
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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 during 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.
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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 IS/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
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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 parry 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
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Preparation for and participate in one teleconference project kickoff meeting and two video conference
calls with the team
Task 7 Environmental 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
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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 CCC
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
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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 Act/LCP 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 7.4.3 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
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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
Task 8.1.1Improvement 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 8.1.3Technical Specifications: A list of anticipated technical specifications will be included as part of this
submittal package.
Task 8.1.4 Cost Estimate: A Class 2 construction cost estimate will be prepared.
Task 8.2 90% Design Package
Task 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.
Task 8.2.2 Special Provisions: Recommended additions/revisions will be submitted to existing City special
provisions.
Task 8.2.3 Technical Specifications: 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
Task 8.3.1 Improvement 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.
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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 9.1.2Improvement 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. Profiles, if included at
this submittal, will be preliminary. Connection details will be partially completed at this submittal stage.
Task 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.
Task 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 9.3 100% Design Package
Task 9.3.1 Improvement Plans: Dudek will prepare the 100% design improvement plan set addressing City
comments from 90% review.
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Task 9.3.2 Special Provisions: Dudek will prepare the 100% 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 Cost Estimate: A Class 1 construction cost estimate will be prepared.
Task 9.4 Temporary and Perm anentEasements: 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
Task 10.1.1 Final PS&E Package: 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.
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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)
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EXHIBIT B
SCHEDULE OF BILLING RATES
DUDEK Page B-1
Exhibit "B"
Fee Estimate
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 1
Project Management
266
$
67,150
$
150
$ 53,840
S 13,460
$ 67,300
Task 2
Aerial and Feld Survey
74
$
14,530
$
65,931
$ 59,041
$ 21,420
$ 80,461
Task
Mapping, Utility Research and Geotech
208
$
41,720 $ 29,800
$ 108,100
$
60,379 $
300
$ 192,239
$ 48,060
$ 240,299
Task 4
BC -09 Preliminary Design Report
125
$
27,405
$ -
$ 27,405
$ 27,405
Task 5
FM -01 Preliminary Design Report
108
$
23,540
$ 23,540
$ -
$ 23,540
Task 6
Mitigated Negative Declaration
925
$
139,225
$ 8,625
$
6,372
$ 123,378
$ 30,844
$ 154,222
Task 7
Environmental Permitting
950
$
148,700
$ 57,016
$
890
$ 165,285
S 41,321
S 206,606
Task 8
100 % Design- BC -01, BC -02, BC -06, FM -01
741
$
147,585
$ 16,000 $
23,100
$ 186,685
$ -
$ 186,685
Task
100%Design - BC -09
653
$
130,945
$
19,250
$ -
$ 150,195
$ 150,195
Task 10
Final Design
116
$
25,860
$ 20,688
$ 5,172
$ 25,860
Task 11 Construction Support Services
226
$
51,410
$ 8,250
$
300
$ 47,968
$ 11,992
$ 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
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E/ Schedule
The following project schedule includes a detailed list of tasks required to complete the scope of work based on the City's proposed schedule.
Task Name
ID.Atkn
MI 2022 'd zoz4 20.5
r J
Or, 1101, J t I i qtr �iL-',
Notice to Proceed
0 days
4/5
Task 1 Project Management
1000 days
Task 2 Aerial and Field Survey 35 days
2.1 BC -01. B"2, and 13C-06 lord Survoymg
25 days
1
2.2 FM401 Aerial Survoying
35 days
2.3 BC -09 Aerial Surveying
35 days
Task 3 Base Mapping, Utility Research and Geo
95 days
31 Records Research
20 days
3.2 Utility Research and Coordination
60 days3
3.3 Base Mapping. &ie Visit, Pomding j10)
60 days
3.4 GeoechmInvestigation
40 da s
days
Task 4 SC -09 Preliminary Design Report
45 days
4.1 Alignment Altermmve Analysis
30 days
4.2 Construction Alternatives
5 days
4.3 Co WU- Rosoareh and Ensomonts
15 days
4.4 Preliminary Design Report
15 days
i
Task 5 FM -01 Preliminary Design Report
25 days
5.1 Alignment Allomalivo Ano"s
5 days
,
5.2 Connection Research and Easements
10 days
5.3 Preliminary Design Repan
10 days
Task 6 Mitigated Negative Declaration
37S days
G.1 Project Initiation and Scoping
40 days
82 Blalogkel, Cultural and Oeotech Analysis
80 days
i
0.2.1 Bio Resourcas . Eolgmss Mitigation Plan
80 days
6.2.2 Cultural and Hisloncal Resources
40 days
6.2.3 Aestheticsj
25 days
8.2.4 Air Quality
25 days
6.2.5 Energy
10 days
6.2.6 Geology, Sads and Paleontology
25 days
6 2 G(oenhouso Gas Emission
10 days
i
6.2.8 H-cle and Hazardous MmodaN
40 days
6.2.9 Hydrology and Water Quality
10days
6.2. 10 Nolse
15 days
I
6.2.11 Tranep dation
10 days
6.3 Dovabp Project Description
15 days
i
6.4 Admin Draft ISAIND
80 days
6.5 Screencheck Drag ISAIND
60 days
6.6 Public Rovi- Draft ISIMND
40 days
6.7 Final ISAIND
30 days
6.8 Meetings and HeanngsI
30 days
�
Task 7 Envlronmantal P.rmining
405 days-�1
7.1 US Army Corp. of Engineers
235 days
7.2 Soctlon 408 Application
90 days
7.3 Sante Ana RWGCB • Section 401 Certification
130 days
'
7.4 Costal Commission
405 days
�
Task 8 100% Design - BC -01. BC -02, BC -06, FM -01
110 days
8.150% Design Package
60 days
i
9.1.1 Improvement Plans
45 days
8. 12 SpeGal Pmvielons
10 days
8.1.3 Technical Spearica6ons
5 days
S. 1.4 Cost Estimate
15 days
Submit 50% Design PS&E
0days
1/14
8290%Design Package
50 days
i P -1
8.3 100% Design Package
20 days
I M
8.4 Tampemry and Permanent F-ent.
15 days
Submit 100% Design PS&E
0 days
0 3/25
Task 9 100% Design • SC -09
135 days
I I�
9.1 60% Design Package
55 days
9.1.1 Improvement PtAn4
45 days
9.1.2 Special Provisions
10 days
9. 13 Technical Spodeca6ons
5 days
9.1.4 Cost E34moto
5 days
I
Submit 50%PS&E(BC-09)
0days
1/14
9.290%Design Package
50 days
I 1�1
9.3 100% Design Package
SS days
I r1
9.4 Temporary and Permanent Easements
10 days
i 0
Submit 100%PS&EIBC-09)
0days
Task 10 Final s
20 days
M
10.1 Final Design Package
20 s tlaY
i
10.1.1 Final Design Package
10d
itr►'I
--
10.2 construction Phasing and Impact Plan
10 days
Submit Final Design PS&E
0 days
I
I x4/21
Task t 1 C,mil-tion Supped Services
60 days
t'-1
DUDEK
Bay Crossing Water Transmission Mains and Sewer Force Main Subaqueous Replacement Project
Page 28
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
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
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
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
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, May 04, 20216:01 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000491
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000491 DUDEK
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.