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HomeMy WebLinkAbout09 - Semeniuk Slough Maintenance Dredging Feasibility StudyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 September 27, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, Principal Engineer 949 - 6443311 rstein@city.newport-beach.ca.us SUBJECT: SEMENIUK SLOUGH MAINTENANCE DREDGING FEASIBILITY STUDY — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBEL CONSULTANTS, INC. RECOMMENDATIONS: 1. Approve Amendment No. 2 to Professional Services Agreement with Noble Consultants, Inc., (Noble) of Irvine, California, to develop a more specific federal /state /City dredging project for Semeniuk Slough at a contract price of $44,000 and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve a Budget Amendment appropriating $44,000 from General Fund 7014- 05100805 (Morning Canyon Stabilization Project) into Account No. 7231- C5100719 (Tide and Submerged Land). DISCUSSION: Noble has previously completed studies to address dredging requirements for the Semeniuk Slough and potential strategies for multi- agency involvement to perform the dredging work and subsequent wetlands management. Informal discussions between Noble and staff from the Los Angeles District office of the Corps of Engineers (Corps) have indicated that there may be a potential federal interest to combining the Corps' Newport Slough dredging project with the City's Semeniuk Slough dredging project. A joint project would result in multiple benefits including cost savings of 25 to 50 percent associated with shared mobilization and cheaper disposal methods, ease of obtaining permits under a federal umbrella, increased probability of attracting experienced dredging contractors to bid the work, and opportunities to share project management responsibilities. Under this agreement, Noble would: 1. Develop a more specific federal /state /City dredging and maintenance project, and SUBJECT: Semineniuk Slough — Approval of Amendment No. 2 to Professional Services Agreement with Nobel Consultants, Inc. September 27, 2005 Page 2 2. Perform a preliminary review of the probable sources of sediment that has shoaled Semeniuk Slough for purposes of assessing a project cost share formula. Under Task 1, Noble would work with the Corps' Environmental Branch to determine the timing for initiating a Habitat Management plan that would encompass the Lower Santa River Marsh and slough areas as a first step toward transitioning ownership from Federal to a Local successor and explore the potential for an existing Non - Governmental organization to assume the maintenance and operation of the habitat area. Environmental Review: No environmental review is needed during this feasibility review. Public Notice: Staff is communicating on a regular basis with the Newport Shores Homeowner's Association. Funding Availability: Staff is proposing that this work be funded with a portion of the remaining fund balance from the Morning Canyon Stabilization project which was recently awarded and fully funded at this time. Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project: Account Description General Fund Prepared by: `� A� ,A t/kll Robert Stein Special Projects Engineer Attachments: Amendment No. 2 Exhibit Account Number Amount 7014- C5100805 $44,000.00 Total: $44,000.00 Submitted b 6 �ephen G. Badum Public Works Director AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC., FOR CONTINUING SEMENIUK SLOUGH STUDIES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and NOBLE CONSULTANTS, INC., a California corporation whose local address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is investigating the feasibility of performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The site is bordered by the Newport Shores residential development to the west, Coast Highway to the south, and Banning Ranch to the north and east. The Slough is predominately an open- water, salt -marsh estuary that connects to the Newport Slough to the west, that in turn connects to the Santa Ana River. B. On June 22, 2004, City and Consultant entered into a Professional Services Agreement under which Consultant was hired to prepare a Semeniuk Slough Study (hereinafter referred to as the "Agreement "). As part of the study, Consultant was to perform sediment sampling and testing within the eastern slough channel, and investigate the feasibility of inter - agency coordination of the proposed dredging project. City agreed to pay Consultant a not -to- exceed fee of $39,203.00 for these services. The work under this Agreement has been completed. C. In March, 2005, City and Consultant entered into Amendment No. 1 of the Agreement, under which City agreed to pay Consultant an additional $20,000.00 to perform further studies in connection with the proposed dredging project, including preparation of a conceptual plan that would meet the Army Corps of Engineers' criteria for an ecosystem restoration project (hereinafter referred to as "Amendment No. 1 "). This Amendment No. 1 also extended the term of the Agreement to December 31, 2006. D. City now desires to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or Amendment No. 1. Under this amendment, City would pay Consultant an additional $44,000.00 to perform the following tasks: (1) Develop a more specific federal- State- City cost - sharing proposal for the Semeniuk Slough dredging project and subsequent wetlands management project, and (2) perform a preliminary review of the probable sources of sediment for purposes of assessing a cost -share formula for the project. E. City desires to compensate Consultant for these additional professional services needed for Project. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services as outlined in the Scope of Services dated August 26, 2005, attached hereto as Exhibit A. 2. 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 to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Amendment No. 2, including all reimbursable items and subconsultant fees, shall not exceed Forty -Four Thousand and 001100 Dollars ($44,000.00), without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3. Consultant has agreed to perform the services within six months of receipt of a Notice to Proceed. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach 2 CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach ATTEST: 0 LaVonne Harkless, City Clerk NOBLE CONSULTANTS, INC.: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachment: Exhibit A — Scope of Services f: \users \pbw\shared\agreements \fy 04- 05\noble- semeniuk slough- amend -2.doc NOBLE CONSULTANTS, INC. August 26, 2005 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Exhibit A RE: Proposal for Continuing Professional Engineering Services Phase III Studies — Refinement of a Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands For the City of Newport Beach Dear Mr. Stein: Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi - agency involvement to perform the initial dredging work and subsequent wetlands management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. This third phase of strategic alternatives development for Semeniuk Slough will focus on the recommended preferred option of combining the slough dredging with the Corps of Engineers' proposed dredging project identified for the adjacent Newport Slough. The Newport Slough is a federal responsibility and their preliminary planning work has been completed. Since the material primarily consists of non - contaminated sand, it is eligible for nearshore disposal in the vicinity of the Santa Ana River mouth. Our previous investigations have determined that the joint Federal /State sediment master plan guidelines encourage the placement of beach quality sand onshore or nearshore to fulfill beach replenishment goals and objectives. In addition, the U.S. EPA has recently recommended that dredged material having sand content on the order of 60% or greater also be placed in the nearshore versus dumping at the LA -3 offshore sediment disposal site. These policies indicate that it may be possible to dispose of the finer grained Semuniuk Slough material in the nearshore zone if its sediment can be mixed with the more sandy quantity dredged from Newport Slough. Our informal discussions to date with staff from the Los Angeles District office of the Corps of Engineers has indicated that there may be a potential federal interest to combine the two dredging operations into a single cost - shared project. A joint project would result in multiple benefits including cost savings associated with a shared mobilization and cheaper disposal methodology. Other advantages for the City associated with a joint project would include the L, NOVAI'0: 359 BEL MARIN KEYS BLVD.. MITE 9. NUVA'IYL (:A 94949 -5647 (415)W4-0-,27 FAX (415) 884 -07;45 I IRVINE: 2201 DUPONT im.SUrFE 620, IRVINF. CA 92612 -7509 (949)'52-1530 FAX(1)49)752-8381 J SAN DIE(K):9326 OAK80L;RNE RD.. SANTEE. CA 921171 -2314 (619) 596 -9510 FAX(619)448-2(122 h ¢p: / /wu1a: n oAlecnnsutran(s, cnln Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 2 of 4 ease of obtaining permits under a federal umbrella, increased probability of attracting experienced dredging contractors to bid the work, and opportunities to share project management responsibilities. Federal funding for this dredging could be available from the Santa Ana River project that is currently earmarked for the lower Santa Ana River sand removal. The Newport Slough is considered part of the Federal Santa Ana River project. A joint project may result in dredging cost savings for the City of between 25% to 50 %. 1.0 Scope of Services Given the above background, our proposed services are intended to address the following items at this time: Develop a more specific federal/ state/ City dredging and maintenance project. 2. Make a preliminary review of the probable sources of sediment that has shoaled Semeniuk Slough for purposes of assessing a project cost share formula. These items are described in more detail in the following sections. 1.1. Project Development This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1 Environmental issues We shall work with Corps Environmental Branch seek to determine the timing for initiating a Habitat Management plan that would encompass the Santa River Marsh and the Slough areas as a first step for a transition of ownership from Federal to a Local successor in interest. Research other state and federal resource and regulatory agency concerns. The intent for this component is to determine the environmental viability for a project. 1.1.2 Funding Sources We shall develop a federal funding source for the dredging project by seeking a more defined commitment from the Corps for the Newport/Semenuik slough dredging. Our study tasks will include research with Division and District policy chiefs to develop consensus for the project. Funding for the city share of the project will be in coordination with the findings of the technical work of this proposal to determine the sediment sources that are deposited in the Semeniuk slough. Sources from the Banning Ranch property and the Newport Slough will be analyzed to determine if these sources present an identifiable contribution to the Semeniuk Slough and therefore increase the potential for additional outside funding (see Task 1.2 Scope of Services). Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 3 of 4 1.1.3 Local Participation Local Homeowners have expressed a great deal of enthusiasm for the project and can be a viable partner in promoting a consensus building force for project development and the possibility for supporting a long term local ownership and maintenance of the Marsh and slough areas. We shall provide for assistance and coordination with the local groups to present a unified consensus of how the project and subsequent operational responsibilities will be formulated. 1.1.4 Local Conservancy We shall identify the potential for an existing Non - Governmental organization's role as the candidate organization to assume the maintenance and operations of the Lower Santa Ana River Marsh and slough area. We shall also identify other organizational structures that could be developed for the management of the area. The Corps is desirous of turning over the obligations of this area to a local conservancy and reducing their federal maintenance funding obligations. As an inducement, the Corps will provide a large financial annuity. The scope in this stage of the proposal will seek determine the actual amount of the annuity and the process for obtaining a firm commitment for the annuity. 1.2 Sediment Source Study The shoaling history of the Semeniuk Slough suggests that the deposition that has occurred there may be attributable to one or a number of possible sources. The potential sediment sources may include suspended sediment infiltration from the Santa Ana River, transport of resuspended sediments from other areas within the Lower Santa Ana River wetlands channels, and storm water runoff from adjacent uplands. Ideally, if one can determine the percentage contribution from each of these sources, more rational formulas for project cost sharing can be proposed. A determination of this nature often required long term study and field measurements during times of significant runoff. Given the short time frame and limited scope of this study, we shall focus on a preliminary effort based upon examination of in place sediment. Rather than measure runoff and sediment infiltration as it occurs, we propose to make an assessment by reviewing patterns and characteristics of the existing sediments to see if tell tale indicators can be found that would point to particular source(s). 1.2.1. Sediment Sampling We shall collect a limited number of grab samples of sediments within the Newport and Semeniuk Slough channels and from adjacent uplands areas that are accessible to us. The purpose of this one -day sampling effort shall be to provide the necessary material for subsequent laboratory analysis. Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 4 of 4 1.2.2. Laboratory Testing and Analysis The collected sediment samples will be tested for grain size distribution. Additional, petrographic analysis shall be conducted to determine if unique mineral content or other tell tale physical indicators can be found that might point to probable sediment source. 1.2.3. Engineering Analysis We shall review storm water runoff and storm drain data, information, and records provided by City staff to review the potential for upland runoff contribution. Based upon this analysis and the results of Tasks 1.2.1 and 1.2.2 we shall render a preliminary opinion of findings. Our deliverable shall consist of a written memorandum report to City staff that summarizes our findings and recommendations for the above scope of services. 2.0 Fee and Schedule We proposed to complete that above scope of services for a lump sum fee of $44,000. Our services shall be completed within six months of receipt of your written Notice to Proceed. We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project. Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact us. Sincerely, NOBLE QQNSULTANTS, INC 0 F OB LE ULTANTS, INC. August 26, 2005 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Exhibit A RE: Proposal for Continuing Professional Engineering Services Phase III Studies — Refinement of a Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands For the City of Newport Beach Dear Mr. Stein: Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi-agency involvement to perform the initial dredging work and subsequent wetlands management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. This third phase of strategic alternatives development for Semeniuk Slough will focus on the recommended preferred option of combining the slough dredging with the Corps of Engineers' proposed dredging project identified for the adjacent Newport Slough. The Newport Slough is a federal responsibility and their preliminary planning work has been completed. Since the material primarily consists of non - contaminated sand, it is eligible for nearshore disposal in the vicinity of the Santa Ana River mouth. Our previous investigations have determined that the joint Federal /State sediment master plan guidelines encourage the placement of beach quality sand onshore or nearshore to fulfill beach replenishment goals and objectives. In addition, the U.S. EPA has recently recommended that dredged material having sand content on the order of 60% or greater also be placed in the nearshore versus dumping at the LA -3 offshore sediment disposal site. These policies indicate that it may be possible to dispose of the finer grained Semuniuk Slough material in the nearshore zone if its sediment can be mixed with the more sandy quantity dredged from Newport Slough. Our informal discussions to date with staff from the Los Angeles District office of the Corps of Engineers has indicated that there may be a potential federal interest to combine the two dredging operations into a single cost -shared project. A joint project would result in multiple benefits including cost savings associated with a shared mobilization and cheaper disposal methodology. Other advantages for the City associated with a joint project would include the U NOVATO: 359 8EL MARIN KEYS IILVD., Sill] E 9. NOVA:10. CA 94949 -5(,37 (415) 884,1727 FAX (415) 884 -0735 71RVINE:2201 DUPONT DR.. surrE 620. IRVI NE. CA 92(,72-7509 (949)752 -1530 FAX(949)752 -8381 ;—'SAN DIEGO: 932(, OAKBOURNE RD.. SANTEE. CA 92071 -2314 ((119)596-9510 FAX(619)448-2022 bttp: //w ..nohleconsultants.com Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 2 of 4 ease of obtaining permits under a federal umbrella, increased probability of attracting experienced dredging contractors to bid the work, and opportunities to share project management responsibilities. Federal funding for this dredging could be available from the Santa Ana River project that is currently earmarked for the lower Santa Ana River sand removal. The Newport Slough is considered part of the Federal Santa Ana River project. A joint project may result in dredging cost savings for the City of between 25% to 50 1/o. 1.0 Scoi3e of Services Given the above background, our proposed services are intended to address the following items at this time: Develop a more specific federal/ state/ City dredging and maintenance project. 2. Make a preliminary review of the probable sources of sediment that has shoaled Semeniuk Slough for purposes of assessing a project cost share formula. These items are described in more detail in the following sections. 1.1. Project Development This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1 Environmental issues We shall work with Corps Environmental Branch seek to determine the timing for initiating a Habitat Management plan that would encompass the Santa River Marsh and the Slough areas as a first step for a transition of ownership from Federal to a Local successor in interest. Research other state and federal resource and regulatory agency concerns. The intent for this component is to determine the environmental viability for a project. 1.1.2 Funding Sources We shall develop a federal funding source for the dredging project by seeking a more defined commitment from the Corps for the Newport/Semenuik slough dredging. Our study tasks will include research with Division and District policy chiefs to develop consensus for the project. Funding for the city share of the project will be in coordination with the findings of the technical work of this proposal to determine the sediment sources that are deposited in the Semeniuk slough. Sources from the Banning Ranch property and the Newport Slough will be analyzed to determine if these sources present an identifiable contribution to the Semeniuk Slough and therefore increase the potential for additional outside funding (see Task 1.2 Scope of Services). Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 3 of 4 1.1.3 Local Participation Local Homeowners have expressed a great deal of enthusiasm for the project and can be a viable partner in promoting a consensus building force for project development and the possibility for supporting a long term local ownership and maintenance of the Marsh and slough areas. We shall provide for assistance and coordination with the local groups to present a unified consensus of how the project and subsequent operational responsibilities will be formulated. 1.1.4 Local Conservancy We shall identify the potential for an existing Non - Governmental organization's role as the candidate organization to assume the maintenance and operations of the Lower Santa Ana River Marsh and slough area. We shall also identify other organizational structures that could be developed for the management of the area. The Corps is desirous of turning over the obligations of this area to a local conservancy and reducing their federal maintenance funding obligations. As an inducement, the Corps will provide a large financial annuity. The scope in this stage of the proposal will seek determine the actual amount of the annuity and the process for obtaining a firm commitment for the annuity. 1.2 Sediment Source Study The shoaling history of the Semeniuk Slough suggests that the deposition that has occurred there may be attributable to one or a number of possible sources. The potential sediment sources may include suspended sediment infiltration from the Santa Ana River, transport of resuspended sediments from other areas within the Lower Santa Ana River wetlands channels, and storm water runoff from adjacent uplands. Ideally, if one can determine the percentage contribution from each of these sources, more rational formulas for project cost sharing can be proposed. A determination of this nature often required long term study and field measurements during times of significant runoff. Given the short time frame and limited scope of this study, we shall focus on a preliminary effort based upon examination of in place sediment. Rather than measure runoff and sediment infiltration as it occurs, we propose to make an assessment by reviewing patterns and characteristics of the existing sediments to see if tell tale indicators can be found that would point to particular source(s). 1.2.1. Sediment Sampling We shall collect a limited number of grab samples of sediments within the Newport and Semeniuk Slough channels and from adjacent uplands areas that are accessible to us. The purpose of this one -day sampling effort shall be to provide the necessary material for subsequent laboratory analysis. Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 4 of 4 1.2.2. Laboratory Testing and Analysis The collected sediment samples will be tested for grain size distribution. Additional, petrographic analysis shall be conducted to determine if unique mineral content or other tell tale physical indicators can be found that might point to probable sediment source. 1.2.3. Engineering Analysis We shall review storm water runoff and storm drain data, information, and records provided by City staff to review the potential for upland runoff contribution. Based upon this analysis and the results of Tasks 1.2.1 and 1.2.2 we shall render a preliminary opinion of findings. Our deliverable shall consist of a written memorandum report to City staff that summarizes our findings and recommendations for the above scope of services. 2.0 Fee and Schedule We proposed to complete that above scope of services for a lump sum fee of $44,000. Our services shall be completed within six months of receipt of your written Notice to Proceed. We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project. Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact us. Sincerely, NOBLE QQNSULTANTS, INC. MaT[.7. M City of Newport Beach NO. BA- 06BA -017 BUDGET AMENDMENT 2006 -06 AMOUNT: S4a,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer budget appropriations from Morning Canyon Stabilization Project to Semeniuk Slough Dredging Feasibility Study. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number Account Number Signed: Financial Approval: 75Z s Director Signed: y�-sA..✓ �. Administrative Ap*val: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $44,000.00 . Automatic $44,000.00 G" ,?!i — U)-- Date Datd Date Description Division Number 7014 General Fund - Misc & Studies Account Number C5100805 Morning Canyon Stabilization Division Number 7231 Tidelands - Capital Account Number C5100719 Semeniuk Slough Eng Study Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval: 75Z s Director Signed: y�-sA..✓ �. Administrative Ap*val: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $44,000.00 . Automatic $44,000.00 G" ,?!i — U)-- Date Datd Date