HomeMy WebLinkAboutC-4838 - PSA for Semeniuk Slough Dredging and Upper Newport Bay Watershed ConsultationPROFESSIONAL SERVICES AGREEMENT WITH
dp NOBLE CONSULTANTS, INC.
c� FOR SEMENIUK SLOUGH DREDGING AND
UPPER NEWPORT BAY WATERSHED CONSULTATION
THIS AGREEMENT FOP, PROFES I N SERVICES ( "Agreement ") is made
and entered into as of this day of , 2011, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Noble
Consultants, Inc., a California corporation ( "Consultant "), whose address is 2201
Dupont Drive, Suite 620, Irvine, California 92612 -7509 and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to perform maintenance dredging of Semeniuk Slough and
implement proposed watershed projects, policy and plans for the Upper Newport
Bay and Harbor under the Integrated Regional Watershed Management Plan
( "IRWMP ").
C. City desires to engage Consultant to design and complete maintenance dredging
of Semeniuk Slough Waterway and implement various IRWMP's proposed
watershed projects for the Upper Newport Bay Watershed. ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Jon T.
Moore.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on June 30, 2012 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 ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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 Eighty Thousand,
Dollars and no /100 ($80.000.00) 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.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
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 Jon T. Moore 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.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert Stein
or his designee, shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized representative
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers
and employees (collectively, the "Indemnified Parties) from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
14. INSURANCE
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.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
Noble Consultants, Inc. Page 6
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
Noble Consultants, Inc. Page 7
no additional obligations on the City nor does it waive any rights
hereunder.
iii. 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.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
`required coverage.
E. 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.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work outlined
in the Scope of Services. The subconsultants authorized by City to perform Work on this
Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts
and omissions of the subcontractor. Nothing in this Agreement shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
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between the subcontractor and the City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
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.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the Services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
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records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
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Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Jon T. Moore
Noble Consultants, Inc.
2201 Dupont Drive, Suite 620
Irvine, CA 92612
Phone: 949 - 752 -1530
Fax: 949 - 752 -8381
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
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.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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28. 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.
29. 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. 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.
31. 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.
32. 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.
33. 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.
34. 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.
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35. 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.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE �FJHE�ITY ATTORNEY
Date:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: a►��I-,,o��
By: ,_( Al Y By: 7� C-
Leoni ulvi ill Dave
Assistant City AttorneyCity Manager
ATTEST: CONSULTANT: NOBLE CONSULTANTS,
Date: 3- INC., a California Corporation
Date:
By: i
Leilani I. Brown R M�.W_ble_
City ClerkPresident and Chief Executive Officer
oda
Date: ,3 I /?LD1
By: ww�� 41I1 ou "\
Scott M. Noble
Senior Vice President and Chief Financial
Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Noble Consultants, Inc. Page 14
EXHIBIT A
NOBLE TI.
December 31, 2010
Mr. Robert Stein, P.E., Assistant City Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Proposal for Professional Services Agreement
Semeniuk Slough Dredging and Upper Newport Bay Watershed Consultation
For the City of Newport Beach
Dear Mr. Stein:
Noble Consultants, Inc. (NCI) and our subconsullant, Larry Paul and Associates (LPA), are
pleased to present this Proposal for professional service connected with the proposed
maintenance dredging of Semeniuk Slough and Newport Bay watershed management activities.
The purpose of our services herein shall be to:
1. Assist the City to collaborate with the U.S. Army Corps of Engineers to design and
complete the proposed maintenance dredging of the City's Semeniuk Slough
waterway; and
2. Continue to provide consultation and assistance to the City to implement proposed
watershed projects, policy, and plans as part of the Integrated Regional Watershed
Management Plan (IRWMP) for Newport Bay and Harbor.
SCOPE OF SERVICES
Our scope of services shall consist of the following tasks:
Task 1: Bathymetric Survey
We shall perform a precision bathymetric survey of the Semeniuk Slough waterway to the
channel limits surveyed in 2004- The survey shall be conducted using a shallow draft survey boat
equipped with differential GPS horizontal positioning and precision depth sounding equipment.
The City shall furnish us with a digital copy of the most recent georeferenced high resolution
orthophotograph of the Semeniuk Slough area. Soundings shall be plotted upon the aerial
photograph base map.
0 NOVATO 359 BEL MARIN KEYS BLVD., SUITE, 9. NOVATO. CA 94949 -5637 (415) 884 -0727 FAX (415) 884 -0735
(3 IRVINE 2201 DUPONT DR., SUITE 620, IRVINE, CA 9261 -7509 (949) 752 -1530 FAX(949)752 -8381
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N O 13 L E CONSULTANTS, INC.
Mr. Robert Stein
Proposal for professional Services - Semeniuk Slough and Upper Newport Bay IRWMP
December 31, 2010
Page 2 of 5
We shall coordinate with the US Army Corps of Engineers to prepare a base map of Semeniuk
Slough for incorporation within their project base map.
Deliverable: Digital map of the Semeniuk Slough bathymetry in Micro.station format for use by
the Corps of Engineers to insert within their overall base map. Horizontal datum
shall be NAD 83, and vertical datum shall be tVAVD88 or MLLW as specified by
the Corps of Engineers.
Task 2: Project Coordination and Implementation
Our subconsultant, Larry Paul and Associates, shall continue to assist the City to coordinate and
collaborate with federal, state, and local government agencies to facilitate project development,
funding opportunities, and implementation strategies.
Task 2.1 Semeniuk Slough Maintenance Dredging
The proposed scope of services is enumerated in the attached letter by Larry Paul and
Associates.
Task 2.2 Newport Bay Watershed
The proposed scope of services is enumerated in the attached letter by Larry Paul and
Associates.
Task 3: Prepare a Final Project Description
We shall assist and coordinate with Corps of Engineers and City staffs to formulate a final
project plan for the combined and collaborative maintenance dredging of the Lower Santa Ana
River Marsh area and adjacent Semeniuk Slough waterway. This effort shall consist of
engineering analysis, estimates of construction means and methods, and meetings to review
alternative maintenance dredging plans and select a consensus preferred plan. Our anticipated
study plan to address this task shall be:
1. Independently formulate an array of alternative construction means and methods that
may be considered to perform maintenance dredging in Semeniuk Slough.
2. Convene a one -day technical workshop with Corps of Engineers' staff to discuss and
review alternative dredging methods and material disposal options.
NOBLE CONSULTANTS, INC.
Mr. Robert Stein
Proposal for Professional Services - Semeniuk Slough and Upper Newport Bay IRWMP
December 31, 2010
Page 3 of 5
I Provide follow -up study and analysis to review the most feasible dredging and
material disposal methodology.
4. Collaborate with Corps of Engineers' and City staffs to select a preferred dredging
and material disposal option.
5. Prepare a written description of the proposed project plan accompanied with
appropriate plan and section drawings to illustrate the proposed work.
Deliverable: Written project description and illustrations of the proposed work suitable for use
by the City to initiate the CEQA documentation process and acquisition of
regulatory approvals.
Task 4: Regulatory Permits and Approvals
We shall assist City staff with the regulatory review and approval process for the Semeniuk
Slough portion of the joint FederaUCity maintenance dredging project. Our services shall be
limited to preparation and processing of permit applications for the Department of the Army,
California Coastal Commission, Regional Water Quality Control Board, and Department of Fish
& Game on a time and expenses basis for an estimated cost of $5,000.
At this time we anticipate that regulatory approvals for the project will be facilitated through
collaboration with Corps of Engineers' and City staffs during the joint Federal/City project
review before the Southern California Dredge Material Management Team (DMMT).
This task shall be complete upon final approval of the joint Federat/City maintenance dredging
project by the DMMT and issuance of all regulatory permits.
Task 5: Prepare Contract Documents
We shall assist City staff and collaborate with Corps of Engineers to prepare the contract
documents for the joint maintenance dredging project. The Los Angeles District shall be
responsible for preparation and production of all construction plans, specifications, and bid
documents.
The City shall prepare the dredging template plan and sections for maintenance dredging
within Semeniuk Slough. We shall transfer the City drawings into Microstation format
for incorporation by the Corps of Engineers within their overall construction plan set.
Material disposal plans shall be prepared by the Corps of Engineers.
2. Review contract documents prepared by Corps of Engineers in collaboration with City
staff to address specific provisions to cover Semeniuk Slough dredging requirements and
limitations.
NOBLE CONSULTANTS. INC.
Mr. Robert Stein
Proposal for Professional Services - Semeniuk Slough and Upper Newport Bay IRWMP
December 31, 2010
Page 4 of 5
3. Assist and collaborate with Corps of Engineers and City staffs to prepare an opinion of
probable construction cost for the portion of work associated with Semeniuk Slough
maintenance dredging.
Deliverable: Opinion of probable construction cost for Semeniuk Slough maintenance
dredging work.
Task 6: Construction Phase
Our services do not include any time for consultation during construction or inspection of the
work. We assume that construction administration and inspection of all aspects of the combined
Federal/City maintenance dredging project shall be performed by the Corps of Engineers. We are
prepared to provide additional services on a time and expenses basis upon receipt of your written
authorization to review bid proposals, attend construction meetings, review submittals, on site
inspection of the work, or provide other consultation during construction.
ESTIMATED FEE
We propose to perform the above scope of services on a time - and - expense basis in accordance
with our attached Schedule of Charges. Our estimated fee to complete the above scope of
services is $80,000. A breakdown of our fee estimate is summarized on the attached spreadsheet.
Please call us if you have any questions regarding this proposal. We appreciate the opportunity to
be of service to you on this important study, and we look forward to the successful completion of
the joint Lower Santa Ana River Marsh/Semeniuk Slough Maintenance Dredging Project.
Sincerely,
NOBLE CONSULTANTS, INC.
Attachment: Fee Estimate Spreadsheet
Larry Paul and Associates Letter Proposal
NCI Standard Schedule of Charges
Larry Paul and Associates Schedule of Charges
rm
x
x
W.
NOBLE CONSULTANTS, INC.
Mr. Robert Stein
Proposal for Professional Services - Semeniuk Slough and Upper Newport Bay IRWMP
December 31, 2010
Page 5 of 5
Fee Estimate Spreadsheet
NOBLE
Project: Semeniuk Slough DredginglUpper Newport Bay IRWMP
Client: City of Newport Beach
Dale of Eslimale: 31- Dec -10
•
Task 1 Surve Update
PE
$234
(i
128
VJP
$76
-
-
Totals
_
r Hours
Dollars
Coord with surve r
4
4
r
$1,448
Task 2 Prot Coord and Implementation
_
Coordinate with LPA
10
5
_
15
$2,720
Project management
24
8
32
$6,224
Task 3 Finalize Project Description
_.. _ Formulateplan alternatives
Workshop with USACE
40
16
_ _ _
_8
48
$10,440
16
$3,744
. Refine protect alternatives
Select referred Ian
16
8
. _
8
1
25
$4900
_
_
8
$1872
Prepare project descri lion
16
24
16
2
58
$9128
Task 4 Regulatory Permits
_
Tech supporl during DMM7
10
1
_
11
$2,468
Attend DMMT meetln
1
5
$1,012
Permit applicatiordprocessing support
_4
16
5
8
29
$4.992.
Task 5 Prepare Contract Documents
_
Drah City drawings
8
40
48
$6,992
Review USACE contract Documents
3
2
_
5
$972
O inion of construction cost
3
2
5--
$972
Task 6 Construction Phase tbd
_
_
1178E[
Sub - Totals
25
1 3131
$57,884
. M. M
Nearshoie and Wetlands Survey
Bath metric survey update $5,585
La" Paul and Associates
Task 2 - Intergovernmental Project Coordination
$16,000
Handling Charge P 0% - $0 Sub -total $21,585
Total Subconsultants
Cadd
_
Communications
Courier
_ _ _ _ _ _ $75
$455
Handli Char a 0% $0 Sub -total $530
Expenses
_
Reproduction
Other
Total Reimbursable Ex enses
.. $80.000
NOBLE
CONSULTANTS. INC
SCHEDULE OF CHARGES
Labor* (Der hour
Senior Principal Engineer
$280
Senior Survey Engineer
$135
Principal Engineer
234
Staff Engineer 111
132
Associate Engineer I1
206
Staff Engineer II
128
Associate Engineer I
192
Staff Engineer I
115
Senior Structural Engineer II
178
Surveyor II
110
Senior Structural Engineer 1
166
Surveyor I
98
Senior Engineer 11
178
Senior Construction Inspector
106
Senior Engineer 1
166
CADD Designer/Operator
106
Structural Engineer
156
Assistant Engineer
102
Project Engineer II
146
Construction Inspector
98
Project Engineer 1
136
Technician
84
Construction Manager
142
Word Processing /Clerical
76
Construction Cost Estimator
135
* Depositions, mediations, arbitrations, and court appearance labor is two times the rate shown and billed in
1/2 -day increments.
Reimbursable Exnenses **
In -house
Survey Vessel
$300 per day
CADD Plots
$2.00 per page
RTK -DGPS Surveying
375 per day
Imagenex Profiling Sonar
375 per day
Locus DGPS Surveying
275 per day
Imagenex Side Scan Sonar
375 per day
DGPS Navigation System
375 per day
Sparker Sub - bottom Profiler
400 per day
Gyro
25 per day
Uniboom Sub- bottom Profiler
350 per day
Motion Compensator
200 per day
3.5 Tuned Transducer System
250 per day
Precision Depth Sounder
75 per day
Marine Magnetottteter
200 per day
Tide Gage
75 per day
Underwater Video System
125 per day
Theodolite /Total Station
150 per day
Truck
100 per day
Radios
15 per day
Generator
50 per day
Photocopying
0.30 per page
Inspector Boat
100 per day
Color Photocopy (8 -1 /2x11)
1.00 per page
Automobile
1.00 per mile
Color Photocopy (IIxl7)
1.25 per page
Out- of- Pocke!
Travel, Subconsultants, Printing,
Communication, etc.
** In -house at scheduled rate
plus 15 %. Out -of- pocket
at cost plus 15 %.
Invoices
June 2008
ACORN CERTIFICATE OF LIABILITY INSURANCE OPIO BH DATE(MMIDDYYY )
� 03 02 11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les ) must be endorsed. If SU R GATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endamement(s).
PRODUCER
NAME:
ACEC /MARSH
PHONE F
NUN o, Be : ac, No):
ADDRESS:
701 Market St., Ste. 1100
St. Louis NO 63101
Phone:800- 338 -1391 Fax:888- 621 -3173
CUSTOMERID#: NOBLE -1
INSUREt(S) AFFORDING COVERAGE
NAICN
INSURED
Noble Consultants, Inc.
359 Bel Marin Keys B1vd.,Ste.9
Novato CA 94949
INSURER A: Bartfocd Accident c Indemnity
A
INSURERS:
INSURER C::
84SBWEH6015
INSURER 0:
11/02/11
PREMISES (Es accunemm)
INSURER E:
MED EXP(Any one person)
$10004
INSURER F:
$ 1000000
UVVtHAt9ta, CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INBR
WVD
POLICYNUMBER
(MNJOD
(anuaarn -M
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1000004
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE [ OCCUR
84SBWEH6015
11/01/10
11/02/11
PREMISES (Es accunemm)
$1000000
MED EXP(Any one person)
$10004
PERSONAL B ADV INJURY
$ 1000000
• CROSS LIABILITY
XcD WVIMMM, INCaaB®
•
CONTRACTUAL LIAB
GENERAL AGGREGATE
$ 2004000
PRDVSSSIORAL LTAB BXCA
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCT$- COMPJOPAGG
$2000000
POLICY X JPECT LOC
$
•
AUTOMOBILE
UTASILMY
MY AUTO
84UEGRZ8770
11/01/10
11/01/11
COMBINED SINGLE LIMIT
(Eaamdem)
$ 1000000
X
BODILY INJURY (Per pemon)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY (Per accident)
$
X
PROPERTYOAMAGE
(Per academy
$
X
$
NON -OWNED AUTOS
$
•
UMBRELI =LIAB
X
OCCUR
84SBWEB6015
11101/10
11/01/11
EACH OCCURRENCE
$ 1000000
EXCESS LIAR
CLAIMS -MADE
AGGREGATE
$3.000000
DEDUCTIBLE
$
$
RETENTION $ 10,000
p�
WORMERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNERIEXECUTIV
OFFICERIMEMBER EXCLUDED?
VA
84WEGPP0902
11/01/10
11/01/11
X
TORY LIMITS ER
E.L. EACH ACCIDENT
$1000000
E.L. DISEASE EA EMPLOY
$1000000
(Mandatory In Will
describe ends, DESCRIPTION OF OPERATIONS below
E.L- DISEASE - POLICY LIMIT
$ 1000000
DESCRIPTION OF OPERATIONS; LOCATIONS I VEHICLES UUNCIR ACORD 107, Additional Remarks So mdule, It mores sea Is regm1m d)
Rg: Semeniuk Slough Dred3��lag and IIUpppp r Ne ort Hay Watera�ted Consultation -
C1ty of New is included as additional ?Insured for above coverages except
WC as required by written contract. Coverage is priipary a -non- contributory.
Kaiv @r of Subrogation as included in favor of additional insured as respects
WC. (GL AI Bndt, WOSWC)
CERTIFICATE HOLDER CANCeLI_ATION
SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITYOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport
Public Works Department
AUTHORIZED REPRESENTATIVE
3300 Newport Blvd.
P.O. Box 1768 •
riahts reserved
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 84SBWEB6015 BUSINESS LIABILITY COVERAGE
INSURED: Noble Consultants, Inc.
ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT
OR PERMIT
This is a summary of the Coverage provided under the following:
BUSINESS LIABILITY COVERAGE FORM SS 00 08
WHO IS AN INSURED (Section C) states that the following is also an insured:
Additional Insured by Contract, Agreement or Permit
Any person or organization with whom you agreed, because of a written contract or agreement or permit,
to provide insurance such as is afforded under this Business Liability Coverage Form, but only with
respect to your operations, "your work" or facilities owned or used by you.
However, coverage under this provision does not apply:
(1) Unless the written contract or agreement has been executed or a permit has been issued prior to
the "bodily Injury", "property damage" or "personal and advertising injury".
(2) To any person or organization included as an insured under provision g. (Broad Form Vendors).
(3) To any other person or organization shown in the Declarations as an Additional Insured.
With respect to the insurance afforded to the additional insured, this insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or
failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders, designs or drawings and specification: or
(b) Supervisory, inspection, architectural or engineering activities.
Additional insured's Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance
available to an additional insured, such additional insured must submit such claim or "suit" to the other
insurer for defense and indemnity.
However, this provision does not apply to the extent that you have agreed in a written contract, written
agreement or permit that this insurance is primary and non - contributory with the additional insured's own
insurance.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 84WEGPP0902 Endorsement Number: 001
Effective Date: 11 /01 /10 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
Noble Consultants, Inc.
359 Bel Marlin Keys Blvd.,Ste.9
Novato, CA 94949
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement form us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 10% of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
City of Newport Semeniuk Slough Dredging
Upper Newport Bay Watershed
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: Policy Expiration Date:
A OROr CERTIFICATE OF LIABILITY INSURANCE OP ID BH DATE(MM/ODP/YYY)
03109111
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: the certificate holder is an ADINTIONAL INSURED, the poll ies must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
NAME:
ACEC /MARSH
Nt. No, Set):
ADDRESS:
701 Market St., Ste. 1100
St. Louis MO 63101
Phone:800- 338 -1391 Pax:888- 621 -3173
CUSTOMERIDa: NOBLE -1
INSURER(S) AFFORDWG COVERAGE
NAIC#
INSURED
INSURERA: U. S. Specialty
PREMISESO- Rocagance
Noble Conaultants, Inc.
359 Bel Merin Keys Blvd.,Ste.9
Novato CA 94949
INSURER B:
COMMERCIAL GENERAL LIABILITY
CWMS-MADE n OCCUR
INSURER C:
INSURER D:
RSURER E
S
PERSONAL &AW INJURY
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
am
LTR
TYPE OF INSURANCE
INSR
WVp
POLICY NUMBER
(MMl00n'YYY)
MIA+DOlYYYYI
LHI S
GENERAL LIABILITY
EACH OCCURRENCE
$
PREMISESO- Rocagance
$
COMMERCIAL GENERAL LIABILITY
CWMS-MADE n OCCUR
MED EXP(Any one person)
S
PERSONAL &AW INJURY
$
GENERAL AGGREGATE
$
GEHL AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMPIOPAGG
$
OOLICY jEp7 LOC
I
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
(Ea mcmni)
$
ANY AUTO
BODILY INJURY (Per person)
$
ALL OWNED AUTOS
BODILY INJURY (Par eccidam)
$
SCHEDULEDAUTOS
HIRED AUTOS
PROP MACE
(Per emdenadent) Q
$
NON-0WNEO AUTOS
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$
DEDUCTIBLE
S
$
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTI
OFFICERIMEMBER EXCLUDED?
IA
TORY LIA S ER
-
E.L. EACH ACCIDENT
$
E L DISEASE - EA EMPLOYE
(Mandatory in NH)
$
It yyas.dewihe under
OESCRIPTION OF OPERATIONS t 1.o
-
E L DISEASE- POLICY LIMIT
-
S
A
PROFESSIONAL
US51020320 .09/18/10
04/18/13
PER CLAIM $1,000,000
LIABILITY
AGGREGATE $3,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHmh ACORO 101, Additional Remanka Schedule, K more space is required)
r.cn n mn.nn r UANb CLLAI IUN
I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITYOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport
Public Works Department
3300 Newport Blvd.
PO Box 1768
reserved,
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
= NOBLE
CONSU LTM1NTS, INC.
City of Newport Beach
TO: 3300 Newport Blvd
Newport Beach, CA. 92658 -8915
ATTENTION: Shauna Oyler
Public Works Specialist
TRANSMITTAL
2201 Dupont Dr., Suite 620 (949) 752 -1530
Irvine, CA 92612 (949) 752 -8381 (FAX)
DATE: March 3, 2011
PROJECT: Professional Services
Agreement for Semeniuk Slough Dredging
and Upper Newport Bay Watershed
Consultation
We are sending ® attached ❑ under separate cover via: U.S. Mail
❑ Letter /Report ❑ Specifications ❑ Change Orders ❑ Submittals
❑ Plans/Prints ® Contracts ❑ Shop Drawings ❑ Other As Noted
Copies
Date
No.
Description
1
Two (2) Signed copies of Professional Services Agreement for
2
3 -3 -11
Semeniuk Slough Dredging and Upper Newport Bay Watershed
Consultation
1
1
One (1) Copy of Insurance Documents
The above is transmitted:
❑ For Information
❑ For Action
® For Your Use
Remarks:
® For Approval
❑ For Review and Comment
❑ For Signature
® As Requested
❑ Per Contract
cc: Jon Moore, file Transmitted By: _Nikki Massi
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 3/8/2011
Date Completed: 3/8/2011
Dept. /Contact Received From: Shauna
Sent to: Shauna By:
Company/Person required to have certificate: Noble Consultants, Inc.
Joel
GENERAL LIABILITY
A. INSURANCE COMPANY: Hartford Accident & Indemnity
B. AM BEST RATING (A-: VII or greater): A, VX
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
Yes EX
No 0
D. LIMITS (Must be $1 M or greater): What is limit provided?
$1,000,000
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
Yes EX
No 0
not apply to Waste Haulers)
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
Yes
No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included? Yes QX No 0
H. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording? Yes 0 No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
New Acord wording
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Hartford Accident & Indemnity
B. AM BEST RATING (A-; VII or greater) A, VX
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes EX No 0
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What is limits provided? $1,000,000
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? NIA Yes No F
F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
New Acord wording
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Hartford Accident &, Indemnity
B. AM BEST RATING (A-: VII or greater): A, VX
C. LIMITS: Statutory X
D. WAIVER OF SUBROGATION (To include): Is it included? Yes EK] No E
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
NOTES:
Approved:
I
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
0 Requires approvallexceptiontwaiver by Risk Management
Comments:
Approved:
Risk Management Dale
March 9. 2011
Date
Yes FX No Q
B &B initials