Loading...
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. Noble Consultants, Inc. Page 2 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. Noble Consultants, Inc. Page 3 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. Noble Consultants, Inc. Page 4 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. Noble Consultants, Inc. Page 5 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 Noble Consultants, Inc. Page 8 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 Noble Consultants, Inc. Page 9 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: Noble Consultants, Inc. Page 10 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. Noble Consultants, Inc. Page 11 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. Noble Consultants, Inc. Page 12 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. I---- - - - - -- Nnhlpl��?��i!?t� �!- --------------- - - - - -- 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 hfrp: /iwwx;nohletonsalranfs.cvm 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